1st credit help

[Amethyst]

Re: 1st credit help

so do you think they would still try court action even after so many years if she stopped paying and how can we prove it was stat barred?
also they wouldn't have any payment details to any other DCA who sold it to them?
also do you think the CCA will still be knocking about?


regards


Joe

I doubt it from 1995, but sometimes they pop up, definately worth asking for it.

Did she make payments to any other DCA's in the interveening period ?

[joedempsey]

Re: 1st credit help

Thank you both, that was exactly the point I was trying to get across,


Once statute barred always statute barred but if payments are made even once every 5 1/2 years (in England) it would never become SB. Conveying exact meanings can be so difficult on a forum, one missed word can alter everything.

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Joe
If the debt was Statute barred at any point and you can prove it then they can try all they want but you would have an absolute defence. If you stop paying though I would put something in writing such as ' It has come to my attention that this account is actually statute barred as no payments were made between xxx and xxx' That would then put the onus of proof on them to show otherwise

thanks jon
i will sit down with her and write them a letter, fingers crossed.

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thanks jon
i will sit down with her and write them a letter, fingers crossed.

so am i still right in saying if they did decide to take court action they would still have to produce a credit agreement?

Joe

[nemesis45]

Re: 1st credit help

OK Joe that's great,

My learned friend an colleague (QC) here beside me agrees court action is a No, No on this.

nem

[joedempsey]

Re: 1st credit help

[QUOTE=joedempsey;535581]thanks jon
i will sit down with her and write them a letter, fingers crossed.

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so am i still right in saying if they did decide to take court action they would still have to produce a credit agreement?

sorry amethyst i missed your post there i will need to jog her mind but she confident there was many years after 1995-6 she started paying


Joe

[Nibbler]

Re: 1st credit help

If it is statute barred then the issue of any credit agreement is only secondary, as you could defend on that statute bared issue alone.

Still wise to request it though, so you have more grounds just in case something unexpected pops up.

If you make the request then they would have to produce something that complies with the requirements of s77, reconstituted or not, in order to be able to enforce in court. As from 1995, s127(3) also applies, so if you believed and contended that an executed agreement containing the prescribed terms was not signed by yourself, then they would have to satisfy the court that one was in order to enforce.

Very unlikely that a DCA is going to be able to jump all those hoops here, but in the end it's wise to "never say never".

[joedempsey]

Re: 1st credit help

If it is statute barred then the issue of any credit agreement is only secondary, as you could defend on that statute bared issue alone.

Still wise to request it though, so you have more grounds just in case something unexpected pops up.

If you make the request then they would have to produce something that complies with the requirements of s77, reconstituted or not, in order to be able to enforce in court. As from 1995, s127(3) also applies, so if you believed and contended that an executed agreement containing the prescribed terms was not signed by yourself, then they would have to satisfy the court that one was in order to enforce.

Very unlikely that a DCA is going to be able to jump all those hoops here, but in the end it's wise to "never say never".

thanks nibbler what do you think of firstly writing them a kind letter stating the fact its nearly 20 years old and unfortunately i wasn't educated with the statute barred issues and to the fact they have received all this money and with it being statute barred many years before you came along would you kindly close this account.

and if that fails then send a CCA request?

[Nibbler]

Re: 1st credit help

It is one avenue you could go down if you are reasonably sure of your grounds.

If me I think I would get the CCA request in as well though, as will cover bases, and hopefully help shut 1st Crud up quicker.

There are bare bones of wording dealing with the SB issue here: http://forums.moneysavingexpert.com/...21&postcount=6 if you want to deal with that or insert something on it into any letter.

[joedempsey]

Re: 1st credit help

It is one avenue you could go down if you are reasonably sure of your grounds.

If me I think I would get the CCA request in as well though, as will cover bases, and hopefully help shut 1st Crud up quicker.

There are bare bones of wording dealing with the SB issue here: http://forums.moneysavingexpert.com/...21&postcount=6 if you want to deal with that or insert something on it into any letter.

thanks nibbler

i will get the kind letter in and send a CCA request in another letter see what happens keep you posted

[nemesis45]

Re: 1st credit help

If no court action has been taken in 20+ years it's highly unlikely to happen now.
Send the CCA request first, then a letter as suggested earlier, don't get hung up
in pedantic suppositions.
I'll help you with a letter if needed.
nem

[Nibbler]

Re: 1st credit help

thanks nibbler

i will get the kind letter in and send a CCA request in another letter see what happens keep you posted

Sounds best. Yes, do that.

[FlamingParrot]

Re: 1st credit help

OK Joe that's great,

My learned friend an colleague (QC) here beside me agrees court action is a No, No on this.

nem

Creditors often issue claims hoping for default judgment or an undefended claim, even when the debt is SBd. Debt purchasers like 1st Crud don't exactly get a load of paperwork when they buy debts so they may not even know themselves whether something is SBd or not.

Rather than just saying it's not an option, it's always better to make sure the OP is prepared and armed with as much info as they can so they can challenge the creditor at the pre-court stage and defend any claim made if it comes to that.

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thanks nibbler what do you think of firstly writing them a kind letter stating the fact its nearly 20 years old and unfortunately i wasn't educated with the statute barred issues and to the fact they have received all this money and with it being statute barred many years before you came along would you kindly close this account.

and if that fails then send a CCA request?

It's not how old the account is but whether there was a clear period of at least six years without payment or written acknowledgment before payments were restarted.

[nemesis45]

Re: 1st credit help

Yes I'm aware of all that
Thank you for your input.

nem

[joedempsey]

Re: 1st credit help

Hi all update of our CCA Request.... And to be honest don't if to laugh or cry.
just 1 page with no prescribed terms and a 10 year loan at 0% !!!!!'

Now the signature looks real but no way did she sign that in 2005 and no way was a loan 0 % especially from HFC.

I Know people on here say you won't have issues signing letters and stuff but this CCA slaps photo shop all over it.
I've uploaded the 1 pager so thoughts please and what would you reply back to that or would you go straight to the FCA.

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Try this way

[joedempsey]

Re: 1st credit help

Reading it properly it says borrowed £4800 payable over 120 months at £40 a month total amount £4800!

[joedempsey]

Re: 1st credit help

try this scanned copy see if its better