Help Please with DCA

[charitynjw]

Re: Help Please with DCA

How long have you been in business/a director at your current business address?

[H2Oman]

Re: Help Please with DCA

How long have you been in business/a director at your current business address?

12 months

[charitynjw]

Re: Help Please with DCA

Hi H2Oman,

Just to recap
The alleged debt, about £8000, is from circa 2007.
You have not acknowledged it since then.
You sent a CCA s78 request to them, but it hasn't been replied to. (I'm assuming)
Debt subsequently sold.
Your present private address is not known to the new debt 'owner'.
Now, speculative letters are appearing at your new place of business.
You suspect that this info came from Co. Hse. (You've only been at this business address for about a year)

So, the new debt owner, or their agent, has managed to trace you, via your name only, through Company House?
& then, knowing that it must be a business address, has sent speculative letters concerning sensitive info, leaving themselves wide open to the attentions of both the ICO & the OFT?

Obviously there is a back-story here.
Come on,'fess up!

[H2Oman]

Re: Help Please with DCA

Hi H2Oman,

Just to recap
The alleged debt, about £8000, is from circa 2007. Yes
You have not acknowledged it since then. Correct
You sent a CCA s78 request to them, but it hasn't been replied to. (I'm assuming) Sent in 2007 and they replied with a credit card application form which is not compliant with 1974 and 1983 regs.
Debt subsequently sold. Yes to 1st Crud
Your present private address is not known to the new debt 'owner'. Correct
Now, speculative letters are appearing at your new place of business. Yes
You suspect that this info came from Co. Hse. (You've only been at this business address for about a year) I would have thought so, easy enough to find.
Costs £1 from Co House to get a list of directors
So, the new debt owner, or their agent, has managed to trace you, via your name only, through Company House? I can't think of any other way. They called me at work once before I knew who it was and answered in the Co name, they have then obviously done their research.
& then, knowing that it must be a business address, has sent speculative letters concerning sensitive info, leaving themselves wide open to the attentions of both the ICO & the OFT?

Obviously there is a back-story here.
Come on,'fess up!

Charity
I am not dure what you mean. Everything is as above. Why do you feel there is something I am not telling you? What benefit would that be to me? Let me know what info you think you need and I am only too happy to give it to you.

[jon1965]

Re: Help Please with DCA

I suspect most of us at some time (well us dirty debt dodgers anyway) have chucked a letter away or conveniently ignored it. I ignored so many I could have papered a room with them, the only ones I didn;t ignore were application forms
My questions would be, how long did you have the loan before moving?
Between moving have you changed your name?
Are you on the electoral role at your new address?

[charitynjw]

Re: Help Please with DCA

As the debt has not been acknowledged since 2007, and the letter sent is phishing, I would ignore it & let the 'statute-barred' clock tick away.

Forgot to ask OP, are you in England/Wales, or Scotland?

[H2Oman]

Re: Help Please with DCA

I suspect most of us at some time (well us dirty debt dodgers anyway) have chucked a letter away or conveniently ignored it. I ignored so many I could have papered a room with them, the only ones I didn;t ignore were application forms
My questions would be, how long did you have the loan before moving? moved last year
Between moving have you changed your name? No
Are you on the electoral role at your new address?

And - No

[H2Oman]

Re: Help Please with DCA

As the debt has not been acknowledged since 2007, and the letter sent is phishing, I would ignore it & let the 'statute-barred' clock tick away. OK, but as in an earlier post- That's when I stopped paying, the default could have been 2008, which means I have another yr to go.

Forgot to ask OP, are you in England/Wales, or Scotland?

I refer my learned friend to my answer in post 11

[FlamingParrot]

Re: Help Please with DCA

Having just seen this, a few comments, just my two cents worth:

• 1st Crud are well known for issuing SDs :scared:as well as court papers, and many creditors rush to do this just before SBd kicks in, so it pays to be on your toes. If this is nearing SBd, you need to be sure of the last payment date, you'll be surprised how many people have received court papers just around SBd time and are not sure whether they are SBd or not due to not knowing exactly when the last payment date was. :ohwell: Also bear in mind SBd is 6 years from the CAUSE OF ACTION rather than last payment, so you need to allow yourself at least an extra month. :thumb:
• Creditors often issue court papers at an old address hoping for default judgment. :sad: Court papers are not send recorded delivery/signed for.
• There are websites other than Companies House where you can find information about limited companies and their directors without having to pay, if you are a director, your name and address are in the public domain. That doesn't mean they wouldn't try and send the papers to your old address. You could have a default judgment set aside on the basis that you did not receive the court papers, but you'd have to prove to the court that the creditor had your current address.
• Things get trickier if they send a SD, as they can then go on to petition for bankruptcy if not paid or set aside in time. In theory, SDs they have to be hand-delivered, but creditors can make a point of saying they have attempted personal service and failed, in which case they are allowed to use the post.
• I wouldn't be sending anything saying it was 'sold in dispute' before receiving a response to your CCA request, as you wouldn't really have any grounds for dispute. If they don't respond within the 14 days allowed, then you can argue they haven't complied with your s.77-79 request, but it's only wise to do this if they contact you, however, if it's the same DCA, you can't argue it has been 'sold' to anyone while in dispute, you could only argue that if you had previously challenged the account with the original creditor or another DCA.

[charitynjw]

Re: Help Please with DCA

I refer my learned friend to my answer in post 11

Lol, my bad - you did say you're not from Scotland; must be that old age is kicking in for me! :tinysmile_grin_t:

Why not check with Noddle? - see when/if a default was put on your credit file - you would not be in doubt, then, as to the SB issue.

(I'm still puzzled re the check on Co. Hse - surely you would need to know the company name to get a list of directors?)

[FlamingParrot]

Re: Help Please with DCA

OK, but as in an earlier post- That's when I stopped paying, the default could have been 2008, which means I have another yr to go.

The default has another year to go but is irrelevant for SBd purposes. OFT Guidance Notes state defaults should be recorded between 3 and 6 months after your first missed payment, but some creditors take their time. The default date has nothing to do with the Statute of Limitations. :nono:

[charitynjw]

Re: Help Please with DCA

The default has another year to go but is irrelevant for SBd purposes. OFT Guidance Notes state defaults should be recorded between 3 and 6 months after your first missed payment, but some creditors take their time. The default date has nothing to do with the Statute of Limitations. :nono:

I take your point about the OFT Guidance.
But could it not be argued that it is the right of the 'injured' party (in this case, the creditor) to either accept the breach & terminate, or alternatively to allow it, & terminate at a later date?
I thought the 3-6 months was for minimum period to allow the debtor time to regularise? (Is that a word, lol!)

[FlamingParrot]

Re: Help Please with DCA

Lol, my bad - you did say you're not from Scotland; must be that old age is kicking in for me! :tinysmile_grin_t:

Why not check with Noddle? - see when/if a default was put on your credit file - you would not be in doubt, then, as to the SB issue.

(I'm still puzzled re the check on Co. Hse - surely you would need to know the company name to get a list of directors?)

Companies House is not the only resource, you can search by name here: http://companycheck.co.uk/director/index

If the person is, or has been, a director, it'll show a list of companies with relevant details.

I take your point about the OFT Guidance.
But could it not be argued that it is the right of the 'injured' party (in this case, the creditor) to either accept the breach & terminate, or alternatively to allow it, & terminate at a later date?
I thought the 3-6 months was for minimum period to allow the debtor time to regularise? (Is that a word, lol!)

It is, to give the debtor time to remedy the breach. But as it is just GUIDANCE, it doesn't have the force of law.

Since defaults are always recorded AFTER a payment has been missed, the SBd date will be EARLIER than the default date, provided no payments (or written acknowledgment) have been made.

[jon1965]

Re: Help Please with DCA

Just a question, what is classed as the cause of action. Is it default, missed payment or demand for full payment. I know there was a recent case on a car finance that said the cause of action was later (I think when the car was handed back)

[FlamingParrot]

Re: Help Please with DCA

Just a question, what is classed as the cause of action. Is it default, missed payment or demand for full payment. I know there was a recent case on a car finance that said the cause of action was later (I think when the car was handed back)

This factsheet explains it: http://www.bdl.org.uk/images/25_EW_N...ions%20act.pdf

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments.