Getting rid of the parasites.......................

[fsm]

Hi everyone,
I am a complete newby here so please be patient with me.
My question is that, I have two cdeit card debts. 1) MBNA..has been sold on twice, now with Lowells 2)Capital One..has been sold to Aktiv Kapital.
Yesterday, 28/11/14, I reached the point where 6 years ago, I made the last payments on these two cards, and have never acknowledged these debts since.
Now the statute barred period starts running, but I read that the 6years starts running from the cause of action, when I missed the first payment, so does anybody know if the cause of action is either one or two missed payments on a credit card debt?
Any help would be appreciated........
fsm

[nemesis45]

Re: Getting rid of the parasites.......................

Hi everyone,
I am a complete newby here so please be patient with me.
My question is that, I have two cdeit card debts. 1) MBNA..has been sold on twice, now with Lowells 2)Capital One..has been sold to Aktiv Kapital.
Yesterday, 28/11/14, I reached the point where 6 years ago, I made the last payments on these two cards, and have never acknowledged these debts since.
Now the statute barred period starts running, but I read that the 6years starts running from the cause of action, when I missed the first payment, so does anybody know if the cause of action is either one or two missed payments on a credit card debt?
Any help would be appreciated........
fsm

The cause of action is the cessation of contractual payments, effectively and for safety if you plan to notify the current owners of these debt that they are SB, it would be 1 month after the last ever payment and/or unequivocal written acknowledgment of the debts.
There has been arguments elsewhere that the default date is the cause of action based on Appeal Court Judgement BMW Finance - v - Hart, this was an HP accounts (loan secured upon goods) which does not affect simple contracts.

Are these debts still on your credit files? Stat barred or not the entries will remain for the balance of the six year "life" of the default.

[fsm]

Re: Getting rid of the parasites.......................

Thanks for your response nemesis45...........
I am not sure if these debts are still on my credit file, as I am currently waiting for a copy of my credit file in the post, but at aged 66, I don't really give a sh*t what is on there........all I know is that after six years of being hounded by these bastards, a little bit longer, they can go and ***** themselves.
Regards,
fsm

[nemesis45]

Re: Getting rid of the parasites.......................

I fully understand your sentiments!!

Just make sure that nothing gets admitted, you don't want anything giving you another 6 years of misery.

nem

[FlamingParrot]

Re: Getting rid of the parasites.......................

Hi everyone,
I am a complete newby here so please be patient with me.
My question is that, I have two cdeit card debts. 1) MBNA..has been sold on twice, now with Lowells 2)Capital One..has been sold to Aktiv Kapital.
Yesterday, 28/11/14, I reached the point where 6 years ago, I made the last payments on these two cards, and have never acknowledged these debts since.
Now the statute barred period starts running, but I read that the 6years starts running from the cause of action, when I missed the first payment, so does anybody know if the cause of action is either one or two missed payments on a credit card debt?

The cause of action would be after the first missed payment, however, the exact date is only really important if they are taking you to court, which they haven't done. If they are not bothering you at the moment I'd hold off sending anything until you hear from anyone again at which point you can send them the SBd letter. :thumb:

The letter is standard and doesn't acknowledge the debt, having said that, once a debt is SBd it cannot be un-barred even if you made a payment, not that you'd even consider doing that, just hypothetically speaking. :nerd:

[fsm]

Re: Getting rid of the parasites.......................

Hi FlamingParrot,
Thanks for your input...............I note what you have said............I have got to buy a month's waiting time until I can send the sb letter, so at the moment 1) Lowells have moved the account to Red, who have now moved it to Hamptons Legal (all the same company) so I am waiting to be contacted by Hamptons 2) I have not heard anything from AK for over a month............but if I hear anything from these two parasites, I have got a letter ready to send requesting sight of documents under CPR 31.14, which will buy a bit of time before sending the sb letter, and will not be admitting to anything in these letters.
Regards,
fsm

[fsm]

Re: Getting rid of the parasites.......................

I fully understand your sentiments!!

Just make sure that nothing gets admitted, you don't want anything giving you another 6 years of misery.

nem

Hi again nemesis45,
There is more chance of me crapping £1 coins than making a mistake and admitting anything at this stage
Regards,
fsm

[nemesis45]

Re: Getting rid of the parasites.......................

Hi again nemesis45,
There is more chance of me crapping £1 coins than making a mistake and admitting anything at this stage
Regards,
fsm

Good to hear!! I 've seen many an SB challenge go T*Ts up just because of a badly worded letter

nem

[fsm]

Re: Getting rid of the parasites.......................

Hi nemesis45,
Thanks again for your input.........I don't know which site I got the sb letter, but it looks pretty comprehensive and should do the job,when I eventually have to send it, obviously by Recorded Delivery........
Regards,
fsm

[nemesis45]

Re: Getting rid of the parasites.......................

Hi nemesis45,
Thanks again for your input.........I don't know which site I got the sb letter, but it looks pretty comprehensive and should do the job,when I eventually have to send it, obviously by Recorded Delivery........
Regards,
fsm

Hi fsm,

If you could post a copy of that SB letter I would appreciate a look please.

nem

[fsm]

Re: Getting rid of the parasites.......................

Hi again nemesis45,
Below is the script of the sb letter..........

Dear Sir or Madam,
Re:- Account ReferenceXXXX XXXX XXXX XXXX
Firstly, no debt is acknowledged to you.
You have contacted me regarding the above reference number, which you claim is owed by me.

Secondly, I would point out that under the Limitations Act 1980 Section 5, the alleged debt is statute barred.

The Financial Conduct Authority (FCA) rule 7.15.8 states that 'a firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

Unless you can provide evidence of payment, written acknowledgement of any outstanding debt in the last six years and a copy of the signed agreement, please do not contact me any further.

Should you continue to harass me regarding this alleged debt without providing the documentation required then a complaint will be made to the Financial Services Omsbudsman without further notice.

In addition, this letter will be brought to the attention of the court if any proceeding are issued in respect of the above.
Yours Faithfully,

PRINTED NAME

This should do the trick at some future point...........
Regards,
fsm

[nemesis45]

Re: Getting rid of the parasites.......................

Thanks for that fsm.
I recognise the origin of this.
It should indeed do the trick!!

[fsm]

Re: Getting rid of the parasites.......................

Hi there again nemesis45,
Thanks for your opinion on the sb letter.............this post may now go quiet for a while, cos I have just got to play the waiting game, but I will keep you informed of any movement.
Regards,
fsm

[fsm]

Re: Getting rid of the parasites.......................

Hi Nemesis 45,
You may recall we were messaging in early December regarding having two accounts that had reached the point of six years after the last payment was made....................It is now six weeks after the six year point, and yesterday I got a letter from Lowell's pre legal assessment dept, and am unsure if to send a Section 78 request tp play for a bit more time before sending the SB letter, or do nothing and wait until I get court documents and then putting in a defence that this is SB. I would prefer the latter, to see these scumbags pay out court costs and it does not go anywhere!
Your opinion would be appreciated,
Regards,
fsm

[nemesis45]

Re: Getting rid of the parasites.......................

Good morning fsm, happy new year!!
Yes a good idea get the CCA request in quickly, use signed for post.

Tip: Do not use a PO Box No. in the address they use these as bulk post doesn't get signed for so;

Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AB.

nem