Hi there. You've probably guessed already, I have a problem :(

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

the termination only occurred when BH sold the account on to the claimant. I don't know why it was so long till they wrote it off. The particulars of claim only contain one date and that is the date of the start of the original agreement. The exact wording reads;

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Black Horse Limited dated on or around Jul 17 2007 and assigned to the Claimant

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

[MENTION=55034]nemesis45[/MENTION]

Hi Nem

just been going through the statemement of account I received from BH and the last few entries are as follows:

1/8/2008 dd payment received 243.85- balance 8908.60
28/11/08 sale proceeds part 2309.52- balance 6599.08
17/12/2008 collect activity fee 110.00 balance 6709.08
17/12/2008 posted due date chg 46.67 balance 6755.75
17/12/2008 late payment int 24.21 balance 6779.46
17/12/2008 adj. legal liability 3303.54- balance 3476.42
12/10/2010 write off 3476.42 balance 00.00

if a default notice was served it must have been following September 08's payment which was the last Payment I made

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

The date Restons quoted on their most recent letter for the 'termination of account' based upon the information they received from DLC was 12/10/2010. This is clearly the date that BH wrote off (sold) the alleged debt and the first date I have on any correspondence from DLC is an annual statement which (dated 11th sept 2015 and received with a further three years worth of annual statements) which covers the period from 29/10/2010 to 28/10/2011. They have clearly taken their date of acquisition as the 'cause of action' date, as it's all they have to go on, even though they still can't prove they have any rights to the debt. This is instead of the true cause of action which is some two years previous

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

@nemesis45

Hi Nem

just been going through the statemement of account I received from BH and the last few entries are as follows:

1/8/2008 dd payment received 243.85- balance 8908.60
28/11/08 sale proceeds part 2309.52- balance 6599.08
17/12/2008 collect activity fee 110.00 balance 6709.08
17/12/2008 posted due date chg 46.67 balance 6755.75
17/12/2008 late payment int 24.21 balance 6779.46
17/12/2008 adj. legal liability 3303.54- balance 3476.42
12/10/2010 write off 3476.42 balance 00.00

if a default notice was served it must have been following September 08's payment which was the last Payment I made

Good morning Astro.

BH has been unfair on you by leaving termination until 2010.
Aa suggested try phoning them to find out when they actually registered the default.

I firmly believe that you can argue that the last payment ever approximately 2 years
before termination disadvantages you in relation to the Limitation Act 1980.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Morning Nem
I've got no defaults or traces of the account on any credit files and haven't for as long as I've been actively checking (the past couple of years). Im assuming a default notice will have been served but will need to chase it up with them. I'm also assuming the account would've just remained dormant with them indefinitely until it was sold off with all the other unrecoverables

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Morning Nem
I've got no defaults or traces of the account on any credit files and haven't for as long as I've been actively checking (the past couple of years). Im assuming a default notice will have been served but will need to chase it up with them. I'm also assuming the account would've just remained dormant with them indefinitely until it was sold off with all the other unrecoverables

\I

It is unusual to delay termination so late! Dormant '/ delinquent accounts don't look good on a company's books usual to be rid off them quite quickly

Yes chase up asap.
nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

I'll call them when I get home and see what's what. Does this harm my defence? The date of last payment is very clear, as is that collection activity was commenced (even if it wasn't followed through)

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

I'll call them when I get home and see what's what. Does this harm my defence? The date of last payment is very clear, as is that collection activity was commenced (even if it wasn't followed through)

NO harm at all in checking this way.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Do I take it that if I can get a copy of the default notice from the time I believe one may have been issued then that'll make my defence stronger? Sorry for the twenty questions (again)

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Hi again. Called black horse and they said a default was registered on the account on the 17th Feb 2008, which seems a bit odd as I was making regular dd payments at the time. I think they probably mean 17/12/08 and something got lost in translation as I was having a three way conversation with a none customer facing department. Regardless, they are sending me a copy of what they have available

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

Hi again. Called black horse and they said a default was registered on the account on the 17th Feb 2008, which seems a bit odd as I was making regular dd payments at the time. I think they probably mean 17/12/08 and something got lost in translation as I was having a three way conversation with a none customer facing department. Regardless, they are sending me a copy of what they have available

Hi Astro,
That is what I hoped we would hear.

Either date means the debt it statute barred.

I think you can rely on the Appeal Court Judgement in BMW Finance - v - Hart where their Lordships ruled
that the default date was when the relevant 6 year period started that point!

Once that is in your hands I think it's all over.

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

I certainly hope so, as long as what they send contains no curve balls or ambiguity. I'm far from counting my chickens yet though

[nemesis45]

Re: Hi there. You've probably guessed already, I have a problem

I certainly hope so, as long as what they send contains no curve balls or ambiguity. I'm far from counting my chickens yet though

Termination is not the start of the relevant 6 year period.

You could pill the same trick on the solicitors and state you dispute their claim on this and just slip in that you are waiting for
information.

nem

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

I think the claim will stay before I (or they) can do anything about it. Black Horse were really in the ball the last time they sent me information and they were apologetic that they couldn't send it out today. I think i'll hang fire, and if everything checks out i'll apply for the claim to be struck out due to abuse of process. The sad part of all this is that DLC/Restons are actually allowed to even bring a claim that they are incapable of substantiating

[Astro]

Re: Hi there. You've probably guessed already, I have a problem

Quick update. Called the Court this morning and the case has now been stayed