Acknowledgement of Debt

[mazzywazzy]

Hi guys,

I checked my credit file earlier in the year, and found two debts from a dca listed.
I emailed the company at the time, as I was trying to get on top of my debt.
As I did not have the account details, but knew what they were regarding, I said to them, I ad a debt with them which is from xxxxxxx and is £xxxx would you accept a token payment...blah blah.
They replied asking for a d.o.b as my email was sent from an unconfirmed address.
I did not reply, and just left it, at the time and focussed on other debts.

Is this classed as an acknowledgement of debt..I think it may be.

Thanks very much in advance, and if I have posted in the wrong place I am v.sorry.

[nemesis45]

Re: Acknowledgement of Debt

If this was done by e-mail it could well be seen as an admission of liability,
Did you give your full name and address.

What is the status of the debts, what is the default date showing on the report?
What type of accounts are these?
Which DCA is listed?
Who was the original creditor?

[mazzywazzy]

Re: Acknowledgement of Debt

Hi thanks for replying.

I gave the address listed on the credit file, not my present address

Default date is December 2010 although I never payed since opening account in dec 08
lowells is the dca
Barclaycard o/c

I am willing to pay if it comes to it, but was unsure of next step if I have now acknowledged?
I am thinking they are likely to request a ccj, so would it be best to update my address with them, and then go from there.

Thanks again

[nemesis45]

Re: Acknowledgement of Debt

Please clarify this account opened in December 2008 has never had any payment made what so ever since opening?
What is the balance outstanding?
I have a feeling this is one of BC's dirty tricks late defaulting accounts and selling them off.

What date in December 2008 was it opened Important!!!? this may be statute barred already.

I think you have got away with the possible acknowledgment>

Is Lowell actively chasing this?

[mazzywazzy]

Re: Acknowledgement of Debt

Opened account 5/12/08 used the card, can't remember the limit but maybe £250.
I thought no payment was made, but as looking through here and then on banks statements I may have made a payment to someone caled Mercers? in june 09. That is the only payment though
Balance outstanding is £853
The default date is actually 10/2/2010.

They may be chasing, but as they do not have new address, then I would not know.

I think myabe if it is June 09, I last paid, then I maybe better updating my address with them somehow, so if they decide to go for any form of action at least I can lead this off.

[nemesis45]

Re: Acknowledgement of Debt

Mercer are Barclays in house collections staff.
So not statute barred for just over 6 months.
In this case I would let sleeping dog slumber on.
Time to act is if/when Lowell find out your new address.

[mazzywazzy]

Re: Acknowledgement of Debt

If they don't know my new address, and they send a claim for CCJ, then how would I know about it?

I have another debt with lowells on my file which is definitely S/B'd in Jan, so think I have got away with that so to speak.

The thing is it seems they last updated both accounts on noddle on 24/11/14 but they have a different address listed for each(both previous,previous addresses).
I would have thought they would have known my address by now of at least linked the accounts addresses.

Thanks again

[nemesis45]

Re: Acknowledgement of Debt

They would I think have started action some time ago if they intended to do so.
The usual practice is to issue a claim to the last known address if they HAVE A JUDGEMENT it would show on your report.

[mazzywazzy]

Re: Acknowledgement of Debt

Ok, thanks.
I will keep checking my credit file often. I just don't want to realise I have a ccj for another 6 years when I didn't know about it.

Is it not advisable to send a prove it letter regarding the debt itself, to kind of drag it out to S'B date, that way they have an updated address, and I would know about any impendings, and find out for definite if the payment to mercers was for my account or the o/h's at the time.

Sorry for so many questions

[nemesis45]

Re: Acknowledgement of Debt

Personally I would leave it be, until Lowell actually finds you, once it is SB you can challenge the late default as unfair.

[mazzywazzy]

Re: Acknowledgement of Debt

Ok, I will do that.

Thanks for your advice, and I will update if and when necessary.

[FlamingParrot]

Re: Acknowledgement of Debt

If they don't know my new address, and they send a claim for CCJ, then how would I know about it?

I have another debt with lowells on my file which is definitely S/B'd in Jan, so think I have got away with that so to speak.

The thing is it seems they last updated both accounts on noddle on 24/11/14 but they have a different address listed for each(both previous,previous addresses).
I would have thought they would have known my address by now of at least linked the accounts addresses.

This is a bit of a technical point. If you suddenly find a CCJ you didn't know about because you didn't receive the court papers, you could apply to have it set aside, however, you'd have to convince the court that the creditor had your current address and that you have a good prospect of defending the claim. If it came to this, you could show that Lowell do have your current address as they have it against another debt of yours so no idea why they'd have sent the papers to the old address, etc. :blah: :blah: You'd also need to show the court that you have a good defence and the application will cost you £155 to make unless you qualify for remission.

Do bear in mind that claims can be issued for statute barred debts and default judgment obtained if the claim is not defended. The courts do not keep records of SBd debts, it's up to the debtor to submit a SBd defence if a claim is issued. :ohwell:

[mazzywazzy]

Re: Acknowledgement of Debt

Thanks for your comments guys!

This issue has now been resolved in my favour!mashappy: