**DISCONTINUED!!** Forgotten debt

[charitynjw]

Re: Forgotten debt

Do you recall, I originally said that I had paid £1 off of this debt back in 2011 to a debt collector although at the time I didn't know what debt I was paying?

Apparently in 2011 I made a couple of very small payments £1 month to a debt collector the last being in June 2011. When making this arrangement I know I would have written with "Without Prejudice" on the letter and explained that they were being made as some form of goodwill gesture whilst I sort out what the debts were for. I cannot find a copy of this letter anywhere and I do not know why I stopped paying them (can't remember). June 2016 they sent me a lot of statements from 2006 to date, and these payments are showing up that I paid the DC.

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[oddball]

Re: Forgotten debt

Yes that's right, so is my defence ok as it is then inclusive of comments you made earlier?

[charitynjw]

Re: Forgotten debt

Yes that's right, so is my defence ok as it is then inclusive of comments you made earlier?

Two thoughts.

Firstly, this is for a regulated CC agreement made some time before 2003.
S127.3 of the original CCA 1974 will be applicable.
Also, as it will be pre Dec 2004, they need to find a signed copy of the agreement.
Finally it might be possible to at least raise the spectre of 'statute-barred' in your defence if those £1 payments (2011) can be explained in some way.

OK, 3 thoughts!

[oddball]

Re: Forgotten debt

Hi, not sure what S127.3 is - seems to imply something about Enforcement orders?

I have run out of time but have added as para 15
15. The Defendant does not recall any Agreement with Halifax for the past 8 years and suggests that this alleged Claim would be Statute Barred if indeed an Agreement ever existed.

Need to go with it now. Many thanks for your ehlp.

[oddball]

Re: Forgotten debt

help even..............

OK sent at 3.57pm, I probably worded that slightly wrong (para 15) but hey ho it will have to do.
I searched internet for S127.3 but it had nothing in there (just F3....) - guess it was subject to an amendment which the page hasn't updated.
Many thanks everyone for your help.

[oddball]

Re: Forgotten debt

Well this just gets worse by the minute. Got an acknowledgement back for my email which states that unless the attachment was sent in a format recognised by them, then they treat it as not being received??? They say the formats are listed on Her Majesty's Courts & Tribunals website, but I can't find them anywhere.
I sent it in Word. Not sure if I should follow up with a pdf or just post a copy.

Any ideas anyone?

[charitynjw]

Re: Forgotten debt

help even..............

OK sent at 3.57pm, I probably worded that slightly wrong (para 15) but hey ho it will have to do.
I searched internet for S127.3 but it had nothing in there (just F3....) - guess it was subject to an amendment which the page hasn't updated.
Many thanks everyone for your help.

Original CCA 1974 (as enacted), s127.3
http://www.legislation.gov.uk/ukpga/...on/127/enacted

(3)

The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

[charitynjw]

Re: Forgotten debt

Well this just gets worse by the minute. Got an acknowledgement back for my email which states that unless the attachment was sent in a format recognised by them, then they treat it as not being received??? They say the formats are listed on Her Majesty's Courts & Tribunals website, but I can't find them anywhere.
I sent it in Word. Not sure if I should follow up with a pdf or just post a copy.

Any ideas anyone?

https://www.justice.gov.uk/courts/email-guidance

Attachments must be in one of the following formats and the complete email (including any attachment(s)) must not exceed 10Mb
Document file types

• Rich Text Format files (.rtf)
• Plain/Formatted Text files (.txt)
• Hypertext documents files (.htm)
• Microsoft Word viewer/reader files (.doc) minimum Word '97 format
• Adobe Acrobat files (.pdf) minimum viewer version 4

[oddball]

Re: Forgotten debt

Oh that's wonderful Charity, thank you. I have just printed it all out and posted by royal mail as well because I thought they wanted OCF document and I sent it in Word, but seems its OK now. Brilliant thank you very much.

[oddball]

Re: Forgotten debt

Update - got my SAR back yesterday and it has the original Agreement dated 01/1999 between me and the original lender. Got a big bundle of statements etc all photocopied &/or computer generated data. The T&C are also there. No letters though or copy of default notice (this wasn't mentioned on CC claim).

Any ideas on what I should do now please? Of course I haven't yet received a copy of this from the solicitors/claimant but I think they have a couple of more weeks to do that.

[Diana M]

Re: Forgotten debt

Update - got my SAR back yesterday and it has the original Agreement dated 01/1999 between me and the original lender. Got a big bundle of statements etc all photocopied &/or computer generated data. The T&C are also there. No letters though or copy of default notice (this wasn't mentioned on CC claim).

Any ideas on what I should do now please? Of course I haven't yet received a copy of this from the solicitors/claimant but I think they have a couple of more weeks to do that.

*shhhh*

That SAR information is between you and the original creditor. It's for your eyes only since this claim is likely to be allocated to the Small Claims Court where full disclosure doesn't happen.

There's no guarantee that the Claimant (Cabot) will have access to the same information as you.

This is one reason to get on with this claim because you don't want to give them a chance to reconstitute those documents.

Did you get the Transaction Log in your SAR?

Di

[oddball]

Re: Forgotten debt

Hi, not quite sure - there is a lot of info there, mainly my private details on each sheet; plus explanation sheets; transactions on the statements; and a pile which appears to record the history of the account.

[oddball]

Re: Forgotten debt

Hi, update on this case - letter received from Court dated 9 Jan 17 acknowledging my defence and sending a copy to the claimant (or solicitor) and they may wish to contact me direct to resolve the dispute. If that doesn't happen then they must inform the Court that they wish to proceed. They must contact the Court within 28 days from receiving my defence. After that period has elapsed the claim will be stayed. The only action the claimant can then take will be to apply to the judge for an order lifting the stay. - Well that deadline must have truly passed?

Got a letter from the solicitors on 17 Jan 17 saying they are taking their client's instructions and will come back to me as soon as they can. In the meantime the matter has been placed on hold.

Should I be doing anything as it is now 1st April?

[Diana M]

Re: Forgotten debt

Got a letter from the solicitors on 17 Jan 17 saying they are taking their client's instructions and will come back to me as soon as they can. In the meantime the matter has been placed on hold.

Should I be doing anything

Nope

Di

[oddball]

Re: Forgotten debt

Great - thank you Diana