SARS agreements etc

[charitynjw]

Re: Catty

Hi I asked lowells to supply me with the original agreement and statement from shop direct which they said they were going to put my account on hold and send me them it didn't happen I now have the direction questionere from them this debt is not showing on my credit report no default showing either

As has been suggested, send a CCA request asap.
If they do not comply fully with the request (accurate copy of the agreement or accurate reconstruction, T&C's at when you signed, any subsequent variations of your agreement T&C's & statement of account) within 14 days (12, + 2 for posting) they cannot enforce the agreement via court until/unless they do comply.
http://legalbeagles.info/forums/show...y-of-Agreement
s78 CCA is applicable.

[Pippincat]

Re: Catty

So are you saying the agreement and statement of account etc they have to produce which they haven't I gone to shop direct myself and asked for them

[charitynjw]

Re: Catty

So are you saying the agreement and statement of account etc they have to produce which they haven't I gone to shop direct myself and asked for them

Regardless of any info you may have, or are obtaining elsewhere by other means, once you have made a CCA request to the current owner of a regulated agreement such as yours, they have to send you compliant documentation within the prescribed period.
If they cannot comply, they cannot enforce the agreement until or unless they do comply.

[Pippincat]

Re: Catty

So once I get it if in fact I do from shop direct do they go from last payment date on the statement as lowells have defaulted it after the 6 years elapsed

[charitynjw]

Re: Catty

So once I get it if in fact I do from shop direct do they go from last payment date on the statement as lowells have defaulted it after the 6 years elapsed

Statute-barred via s5 Limitation Act certainly won't be 6 years from date of the last payment.
If the payment has been made, at that point the account is paid up to date.
It follows, then, that the account is not in arrears until after the first missed payment.
Exactly how long after before the cause of action actually accrues?
I know it depends on the type of debt (ie BMW v Hart) but even for an agreement regulated by the Consumer Credit Act, I don't personally know of definitive case law to pinpoint this (& I have been keeping a weather eye open for about 5 years now)
http://www.legalbeagles.info/forums/...of-limitations (Lol! Love that...Statue! )

The s87 CCA Default Notice is a good indicator.
As is the termination date.

"Interest reipublicae ut sit finis litium, is a favourite and universal maxim. The public have a great interest, in having a known limit fixed by law to litigation, for the quiet of the community, and that there may be a certain fixed period, after which the possessor may know that his title and right cannot be called into question."
Cholmonderley v Clinton (1820) 2 Jac & W 139, 37 ER 527, 577.
http://www.oxfordreference.com/view/...5369380-e-1039

@Diana M & @nemesis45, or anyone else..................any views or better info on this?

[nemesis45]

Re: Catty

I suspect Lowell would claim that the default date as published in credit files is the start of the relevant 6 year period in regard to sect.5 of LA 1980 this is open to challenge.
Have you made the CCA request to Lowell?

nem

[Pippincat]

Re: Catty

Hi last missed payment would have been January 2010 does the limitation start from that

[nemesis45]

Re: Catty

Hi last missed payment would have been January 2010 does the limitation start from that

Ok, can you confirm the default date as on credit reference files please.
I presume you have not entered into a Debt Management/ payment plan with any company since that last payment ( exact date would be helpful) and have not made any written acknowledgment of the debt in more than 6 years.

nem

[Pippincat]

Re: Catty

I have made no payment plan on the debt it says on credit file defaulted 20th march 2012 but last payment was 31st December 2009 so would have defaulted January 2010 how can a default go on 3 years later iv had no contact or acknowledged the debt in writing since 2009

- - - Updated - - -

So no payment no acknowledgement whatsoever since January 2010

[nemesis45]

Re: Catty

I have made no payment plan on the debt it says on credit file defaulted 20th march 2012 but last payment was 31st December 2009 so would have defaulted January 2010 how can a default go on 3 years later iv had no contact or acknowledged the debt in writing since 2009

- - - Updated - - -

So no payment no acknowledgement whatsoever since January 2010

The default is unfairly late and that can be used to back up the claim that the alleged debt is statute barred.

nem

[Pippincat]

Re: Catty

Iv asked for original agreement statements etc does this give more proof for me when I get it thanks

[nemesis45]

Re: Catty

Iv asked for original agreement statements etc does this give more proof for me when I get it thanks

Given that the dates/facts we have to hand it's my opinion the alleged debt is statute barred which is a complete defence to a court claim

I might expect a claimant to argue that the default date started the relevant 6 year period, however the default date here is unreasonable beyond all reasonable limits.

The Information Commissioners Office hold that defaults should be placed timely and usually within 6 month of the cause of action i.e. the cessation of payments.

nem

[Pippincat]

Re: Catty

I think Lowell have stuck that default on there not shop direct could not understand that last missed payment is January 2010 then it takes 3 years to default it don't make any sense

[nemesis45]

Re: Catty

I think Lowell have stuck that default on there not shop direct could not understand that last missed payment is January 2010 then it takes 3 years to default it don't make any sense

Lowell cannot default the account, it would have been defaulted by SD originally.

However it is not unknown for " clerical errors" to be made by debt purchasers when they update credit files after acquiring a debt.

So placing the complaint to SD it will also show up any discrepancies in the dates.

SD is known for leaving delinquent accounts sitting on file and not defaulting for a considerable time it as been said the accounts are not defaulted until just before they are sold. I cannot confirm that this has happened.

nem

[Pippincat]

Re: Catty

Will the late default which looks as thou it's 3 years count as the limitation start I thought it was from missed payment date which was 7 years ago and no acknowledgment in writing do r 7 years