So I sent the CCA request. I sent it with signed delivery as proof it had been received. I've since had texts saying 'We haven't received a response to the letter before claim issued by us. It's imperative you act now to avoid court proceedings'. I have also had some missed calls and voicemail saying nothing other than to make contact with them.
They don't seem to be acknowledging the CCA in their text / call communication thus far. The 12 days is not up yet.
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Hmmm ok, in truth you really need the CCA request to be flawed because the time clock for statute barred runs from the expiry of the s87 default notice issued by the original creditor. The default notice is usually issued within three months of last payment and is a formal request to catch up on outstanding payments before a default notice is issued (which will later appear on your credit report as a default marker).
This interpretation of the Limitation Act was a result of BMW v Hart 2012.
https://www.bailii.org/ew/cases/EWCA/Civ/2012/1959.htmlLeave a comment:
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Originally posted by Replenished View Post
What part of DO NOT SPEAK TO THEM ON THE PHONE was unclear?
You came here seeking advice, was given great advice for the forum experts and you ignored it.
Please head the advice given for now.
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It's the date the claim is issued that counts, not the date of the letter before.Leave a comment:
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The 30 days would have ended a few days before the 6 years is up. I spoke to them on the phone (I know not ideal as mentioned earlier in the thread) and they said they will wait until after xmas before moving forward and have placed the account on hold for 30 days. We are now past the 6 year mark I believe.Originally posted by ostell View Post
Or does that become irrelevant seeing as the letter of claim date would have ended before the 6 years?
I am sending the CCA request letter tomorrow but I am all but certain they will be able to produce the CCA so just thinking if I can go the statute barred route when they produce the CCA?Leave a comment:
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So can they produce the CCA? You write and ask for one. If not then the debt is not enforceable until they do.
The letter of claim is not the start of legal proceedings, that would be the claim being issued by the courts. They are not supposed to start the claim until the 30 days is up. How far does the 30 days from their letter take you? Would it be past the 6th anniversary?Leave a comment:
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Sorry, I meant 6 years. Not sure why I had 5 in my head. Its over 6 years since I've made any payment or communicated in writing.Originally posted by MIKE770 View Post
Edited my last post to say 6 years*. So should I send statute barred letter after CCA reply? Can they ignore and go for CCJ they believe its within 6 years?Leave a comment:
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Hi again guys. So I am sending AJJB law the request for CCA using the template on this site. I am assuming they will come back with the required information. I believe my last payment / written contact with the creditor is now over 6 years ago, so was thinking to send a letter saying it is statute barred. Is this the right step to take once I hear back about the CCA?
What am I to do if they then just come back saying they've taken this to CCJ or do they need to prove to me it is not statute barred before doing this?Leave a comment:
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Thanks for the help guys. But I really have no idea what I need to do. When you say do I have the documents I need? What documents? I mean I know I had the original loan out and have the original agreement in my emails somewhere. I don't think I have a copy of the default notice.
It's rather confusing as I was always informed responding in writing in anyway way could restart the statute barred clock. As I say I don't have long until the 30 days is up on the 'Letter before claim' so should I respond maybe ticking option C 'I dont know whether I owe the debt' or D 'I dispute the debt'? Is that the best course of action?
Seek CCA requests?
Is there an example / template letter I can send back?
Probably shot myself in the foot here but the last conversation I had with them in anger last week ended with me saying "I just won't pay it then" as they wouldn't offer a settlement anywhere near that which had been sent to me by the creditor previously.
Thanks again Celestine pt2537
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I agree with Cel here. You are entitled to ask for any documents that you need to verify their claims, this right is set out in the pre action protocol for debt claims.
Firstly do you have all the document you need? If so, then its a case of replying to the letter of claim, if not then you should ask for what you need such as agreement statement of account default notice etc, they should put proceedings on hold while they reply.
Id also suggest making the usual statutory requests such as s78 req with the fee of £1.00Leave a comment:
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Hello
Please don't call them any more.
All calls to these organisations are recorded I'm afraid, telephoning them to propose a settlement would potentially reset the time limitation clock if they wanted to be determined and produce a transcript of your calls.
The only contact appropriate at such a delicate stage is to challenge the debt, seek CCA requests, etc.
If you get any emails/letters from them in the meantime, please share the wording here.
I'm wondering whether it may be an idea to raise issues around responsible lending and enforceability to make them think twice about issuing a claim? pt2537 what do you think?
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I'm thinking maybe I could ring them next week and state I need some time to try and sort the money. Maybe from family over Christmas or something like that. Not sure the debt collector would agree to this but it could possibly give me a bit more time and take me past the 6 years since the last payment I made.
Interested to hear what Celestine thinks.Leave a comment:
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