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** SORTED ** Default notice.

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  • ** SORTED ** Default notice.

    Hi,

    Hoping someone can help me, I stopped paying a loan back in January 2012 (stupidly) and thought it would be statute barred by now. I sent a statute barred letter and the DCA sent me a letter back stating the default notice wasn't served until March 28th 2013 and I still have to pay them. I have not acknowledged the debt or paid anything since 2012.
    I would be grateful for any advice.
    Tags: None

  • #2
    Originally posted by Jack jack View Post
    Hi,

    Hoping someone can help me, I stopped paying a loan back in January 2012 (stupidly) and thought it would be statute barred by now. I sent a statute barred letter and the DCA sent me a letter back stating the default notice wasn't served until March 28th 2013 and I still have to pay them. I have not acknowledged the debt or paid anything since 2012.
    I would be grateful for any advice.
    I wondered how long it would take!

    You are squarely in PRA v Doyle territory here, I think.
    If it were me I'd be scrutinising the Default Notice date, because....
    https://www.blakemorgan.co.uk/news-e...ent-over-lega/

    I'll give Amethyst a nudge for more input.

    When was the agreement actually terminated?
    Do you know when the debt purchase co bought it?

    While it is possible that it wasn't defaulted until March 2013 (15 months or so after the last payment), it usually is defaulted a bit sooner than that
    Last edited by charitynjw; 6th March 2019, 21:57:PM.
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Hi, cheers for the quick reply.
      I'm unsure of when the debt was purchased or when the agreement was terminated. I wrongly put my head in the sand and ignored any correspondence.

      Comment


      • #4
        Originally posted by Jack jack View Post
        Hi, cheers for the quick reply.
        I'm unsure of when the debt was purchased or when the agreement was terminated. I wrongly put my head in the sand and ignored any correspondence.
        Send a SAR to the original creditor (it's FOC to do that.)
        Keep a copy & get proof of posting.
        https://legalbeagles.info/library/gu...ccess-request/

        & send a CCA s78 request to the debt purchase co. (that'll cost the princely sum of £1.00....I usually use a postal order.)
        Again keep copy. get proof of posting.
        That may well protect your legal position.
        https://legalbeagles.info/library/gu...etter-example/
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Cheers, much appreciated.

          Comment


          • #6
            Would me asking for these be admitting the debt?

            Comment


            • #7
              Originally posted by Jack jack View Post
              Would me asking for these be admitting the debt?
              Not at all (unless you slip up & admit to them in writing!)
              Which you're not going to do, are you?

              The requests are simply that....asking for info.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Agree ... ( just as you tagged me )

                As a loan, it isn't unusual since BMW v Hart to argue date of termination as cause of action for limitations but the Doyle case does strengthen their argument on default date .... however it does also mean they must produce evidence of the default notice and dates so make sure they do that .... as well of course as the original agreement ( CCA request ) and assignment.

                If worried about acknowledging ( which I don't think you are in danger of ) put 'I do not acknowledge any debt with your company' at the top of each letter.

                So yes - SAR to original creditor - and CCA request to the current owner of the debt for now.

                what dca is it ?
                “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                Comment


                • #9
                  Hi,
                  I've been going through some paper work and found a letter from the bank December 18, stating that they had charged me incorrectly and have informed the DCA to take this from what I apparently owe. Unsure if the sum that the DCA reflects this or not. Suppose I will find out when they reply to the CCA.
                  DCA is Intrum.

                  Comment


                  • #10
                    You did send the SAR to the bank?

                    You probably won't get much in the way of statements from the debt purchaser.
                    A CCA s77-79 request gets you copies of the original agreement (or an accurate reconstituted one, the T&Cs & a statement.
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      I've sent the CCA not sent the SAR yet.

                      Comment


                      • #12
                        Hi all ,

                        Received a letter from Intrum today (unable to upload) advising me that the account is statute barred and they have closed the account. They also ask me to confirm if I still want copies of the original agreement and statements.

                        I'd like to thank you all that gave me excellent advise. Really appreciated. Seems like they were trying it on.
                        Last edited by Amethyst; 5th April 2019, 12:22:PM. Reason: removed irrelevant links

                        Comment


                        • #13
                          That'll do!

                          Well done for sticking with it!
                          Amethyst for info
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Fandabbydosie xxx Congrats
                            “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                            Comment

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