Default Notice - Issued >6 years after last payment

[miliitant]

Re: Default Notice - Issued >6 years after last payment

i take it you do not have a copy of the default notice

that looks like lloyds still own the debt and the dca are only collecting on behalf off lloyds

the letter would need to go to lloyds

check back tomorrow evening and ill post the letter onto your thread

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Great, thanks, that would be amazingly appreciated!! No, I believe the default notice was sent to an old address of mine. I asked for a copy from Lloyds, and they couldnt send as they only print once.

The original DCA I made the payment to are called (I looked it up on the ref on my bank statement) DEBT MANAGERS LTD, Edinburgh. Not Leeds!

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Just a little bump up. If anyone has any guidance on what to write on the letter, as the standard statue barred letters Ive seen dont take into account payments after the default has been placed (Im not really sure how to include this in the wording), it would be very much appreciated!

Thanks!

[miliitant]

Re: Default Notice - Issued >6 years after last payment

sorry

i forgot all about you

check back this evening and i will see what i can rustle up

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Bump up - thanks!

[miliitant]

Re: Default Notice - Issued >6 years after last payment

ime still here

just double checking case law and ICO codes of practice

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Sweet, thank you!

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Hey Miliitant, any luck with the letter? If you need more info, please let me know.

Your help is of course most appreciated.

[alham]

Re: Default Notice - Issued >6 years after last payment

Militant, BUMP

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Just a little bump up.

To summarise, if anyone has any guidance on what to write on the letter, as the standard statue barred letters Ive seen dont take into account payments after the default has been placed (Im not really sure how to include this in the wording), it would be very much appreciated!

Thanks

[miliitant]

Re: Default Notice - Issued >6 years after last payment

sorry

i will do it this afternoon

[mubeenahmed82]

Re: Default Notice - Issued >6 years after last payment

Thanks that'd awesome!!

[Nibbler]

Re: Default Notice - Issued >6 years after last payment

Just a little bump up.

To summarise, if anyone has any guidance on what to write on the letter, as the standard statue barred letters Ive seen dont take into account payments after the default has been placed (Im not really sure how to include this in the wording), it would be very much appreciated!

Thanks

Insert something along these lines into to standard letter?

It is clear that there was a period of 6 years where no acknowledgement or payment of this debt was made.

<Give dates if you have them>

Consequently this debt is and remains statute barred under the Limitation Act 1980.

This clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

[mubeenahmed82]

Re: Default Notice - Issued &gt;6 years after last payment

Thank Nibbler!

Ive just taken a fresh look at my credit account, and the debt status has now changed to 'Settled', although the default still remains. The wording on the standard statute barred letter that I am using as a template starts with:

'I write following your recent contact with myself regarding a debt that you claim I owe'. There are also a few instances in the template letter where it argues in effect that they are acting unlawfully by chasing the debt. As this is not the case anymore (they are not chasing anymore due to the account showing as settled, therefore they are not claiming I owe anything), should I change the wording of the letter further? - my objective is to remove the default from my credit accounts



Current Account from Lloyds Tsb Current Accounts (I) / XXXXXXXXXX8460

Mr Mubeen Ahmed	XX
0 @ £ 0 (Monthly)	Settled
£ 0	£ 0
£ 0	£ 1,692
28/08/2001	31/08/2012
	31/08/2012
09/01/2012

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

D							S

[alham]

Re: Default Notice - Issued &gt;6 years after last payment

How about "Further to our recent correspondence I note that your entry on my credit files has been amended to "satisfied" on 31.08.2012. Whilst I am pleased to note this continue as suggested by Nibbler" finishing with "and whilst my ex-gracia payment of £1200 should not have been taken as an acceptance of the alleged debt which was (and remains) statue barred, your entry on my credit files thus remains incorrect. Furthermore, I would like to remind you that while such entry remains on my file you may be financially liable for any damage or distress caused by it (S13 of Data Protection Act 1998) and to this end I invite you to remove it completely or amend it to such an extent where it will clearly show that this debt has been statue barred since DATE.", end send a copy of this letter to the credit agency