** SORTED ** Default notice.

[Jack jack]

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.

[charitynjw]

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

[Jack jack]

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.

[charitynjw]

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/

[Jack jack]

Cheers, much appreciated.

[Jack jack]

Would me asking for these be admitting the debt?

[charitynjw]

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.

[Amethyst]

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 ?

[Jack jack]

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.

[charitynjw]

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.

[Jack jack]

I've sent the CCA not sent the SAR yet.

[Jack jack]

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.

[charitynjw]

That'll do!

Well done for sticking with it!
Amethyst for info

[Amethyst]

Fandabbydosie xxx Congrats