Hi there ...

[Carrera_Girl]

i have just joined after stumbling upon this site from martin lewis's forums. i am certain i will be begging for help/advice as i have a couple of issues at the moment which are becoming very stressful to me!! - one to do with a ppi claim going through adjudication at the moment which has already been refused by barclays.
the 2nd being a old debt from 2007 which DLC are chasing me for, threatening to take me to court etc!

but hello and i look forward to speaking with you all !

[Amethyst]

Re: Hi there ...

Hi Carrera_Girl and Welcome to LegalBEAGLES xx Here's the PPI forum http://www.legalbeagles.info/forums/...nce-Reclaiming and here's the court claim forum http://www.legalbeagles.info/forums/...-a-Court-Claim - if you post up a summary of where you are up to on each we'll help you all we can xx Any problems just give us a shout.

Sharon
xx

[Johnboy007]

Re: Hi there ...

Hi Carrera_Girl....
Could we have a bit more info on the 2nd being a old debt from 2007 which DLC are chasing me for, threatening to take me to court etc!

For example, when was the last time you made a payment on this debt, even a penny?
When was the last time you acknowledged the debt, either by post, phone or in person to the creditor.
In other words have you admitted the debt is yours at any time.
Look forward to your reply.
aw:

[Carrera_Girl]

Re: Hi there ...

Hello! thank u both for hi

Johnboy007 the debt was a car i had on HP - i became sick and was unable to make payments and the car was repossessed in may 08, i hadnt even recieved notification this would happen i informed the of my circumstance and tried to see if my ppi would cover and low and behold no help at all. i recieved no more details about the car at all and have not paid a penny or recieved any threats from the actual provider of my finance until just recently where i was contacted by DLC but the last payment ever made would have been no later than feb 08!

hope this answers your question

[Johnboy007]

Re: Hi there ...

Hello! thank u both for hi

Johnboy007 the debt was a car i had on HP - i became sick and was unable to make payments and the car was repossessed in may 08, i hadnt even recieved notification this would happen i informed the of my circumstance and tried to see if my ppi would cover and low and behold no help at all. i recieved no more details about the car at all and have not paid a penny or recieved any threats from the actual provider of my finance until just recently where i was contacted by DLC but the last payment ever made would have been no later than feb 08!

hope this answers your question

Well this debt is what is know as 'Statute Barred'.
Providing you have not acknowledged the debt as your own, or made any payment (not even a penny) in the last six years.
The debt is, for want of a better word, FROZEN.
The creditor cannot then take you to court for the money.

This from HM Revenue and Customs,
If a lender allows time to pass without receiving any payment an action for recovery may become barred.
Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
• in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.
Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

[FlamingParrot]

Re: Hi there ...

I think it's always better to nip it in the bud and tell them that the debt they're chasing is SBd, by sending a letter such as this one:

Dear Sirs

Statute barred account xxxxx

You have contacted me with regards to the above account. The last payment to this debt was made over 6 years ago and no more acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written acknowledgment from me within this period, under Section 5 of the Limitation Act 1980, you’ll no longer be able to take court action to recover the debt. Any court claim will be defended on this basis.

Section 7.15.8 of FCA Consumer Credit Sourcebook states: "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

If you have evidence that this debt isn’t statute barred then please send it to me within 21 days. Otherwise, please confirm that you won’t pursue me for this debt.

Yours faithfully

[Carrera_Girl]

Re: Hi there ...

i have sent a letter today recorded delivery - fingers x they stop hounding me!

cant thank u enough ... *relieved* :tinysmile_grin_t:

[Johnboy007]

Re: Hi there ...

We're only too happy to be able to help you..
Good luck

[Carrera_Girl]

Re: Hi there ...

i was wondering if u could help me with this - i have a claim outstanding with the ombudsman who are looking into my case. I applied for a barclaycard online in sept 06 it was a very simple application quick to fill out etc.
i was 24 at the time so i wasn't big on details i just wanted a card! i don't recall asking or approving insurance for the card i remember getting the card (i still have the envelope it came in!!) and i began spending! never missing a payment ... !
When all the hype began about the mis sell of PPI i checked my statements in more detail cause the only thing i was ever interested in was my payment due day and the amount, i saw it was 'Payment Protection' but it then changed to 'Optional payment' i then called barclays and had a chat with an adviser who told me to send a letter cause i stated "i dont recall asking or approving this insurance and i hadn't received any documentation to support what it was" - i sent a letter to barclays outlining this and was set what looked to be a very generic reply (this letter is now with ombudsman so i cant give exact wording) they turned the tables on me asking for evidence from myself showing i DID not apply!!!!
On investigating all of this myself it would seem i don't remember applying or approving the sale of PPI is because the online application had a pre-ticked box!!
I sent another letter back after the refusal asking for evidence i had agreed to the policy and stating that the pre ticked box is unfair cause there was no advice etc... i also asked for the policy to be stopped cause it was of no use to me! (i get sick pay)
i waited and waited and waited .. no reply! i called and asked what was going on and they stated in their eyes the matter was closed and they did not need to reply!! i am absolutely disgusted by barclays and their rudeness and lack of respect in this issue! (the policy is still running!!!!) i started up a claim with the ombudsman this has been ongoing since feb 14 - they sent me a email not long ago asking for more information
- what kind of employment i was in? i was in full time.
- How many hrs a week i worked? i have never worked less than 9-5, 5 days a week
- How long i was in the role ??
- Did i have sick pay?
- Did i have any pre-existing medical conditions? i did not.

I dont know what more i am supposed to say - my claim is based upon i was not advised and i didnt need it

I am not the best with words and stuck when it comes to guidance - i deserve to win this claim as my case is genuine and it was a policy that was useless to me - i never used it! because i hadn't received anything about the damn thing! but i feel they are taking advantage of the fact im not clued up with the facts cause i dont know where to find them!



I hope u guys can help me ...