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Advice on debt recovery greatly apprecciated

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Comments

  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    I think that I would send the 'Statute Barred' letter, now. It is up to CRAPQUEST to prove that the 'debt' is not SB.
    There is a link, to the SB letter, in George's post (#18).
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • sarah03_2
    sarah03_2 Posts: 116 Forumite
    many thanks rog2
  • sarah03_2
    sarah03_2 Posts: 116 Forumite
    the thing is rog2 he started paying this october 07' can he still send s/b letter? had a look at the link and it states no acknowledgement by either letter or payment
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    sarah03 wrote: »
    the thing is rog2 he started paying this october 07' can he still send s/b letter? had a look at the link and it states no acknowledgement by either letter or payment

    It is a bit 'borderline', sarah, as your OH is unsure of when he last made a payment - CQ should have supplied legible statements.
    Your OH must ask himself if, indeed, there has been a six year 'limitation' period. Certainly, if he claims this, then it is up to CQ to prove otherwise and they could really only do this by showing the actual date of his last payment, prior to October 07.
    Have you spoken with NDL or CCCS? And have you checked that the supplied cca is compliant?
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • sarah03_2
    sarah03_2 Posts: 116 Forumite
    how would i know if the cca was or was not compliant rog?
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    sarah03 wrote: »
    how would i know if the cca was or was not compliant rog?

    First of all, have a look at the following link:

    http://forums.moneysavingexpert.com/showthread.html?p=6815188

    If the document, that you have been provided with, does not include all of the information that is required, it may not be 'compliant' and may not, therefore, be enforceable.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • sarah03_2
    sarah03_2 Posts: 116 Forumite
    was just looking at that thread rog2 & started to question (had a long day at work and it took a few minutes for the compliant ing to kick in LOL), what they have sent back is a copy of the application form (it's one of those junk one's that has your name and address printed on it) there is no credit limit on it, no repayments info' - surely this is not a compliant cca? it's a piece of junk mail that the o/h filled in and posted!
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Alot of DCA's try to send the application form and hope you'll go away. It is not a true signed copy of the CCA so just keep to the timescale. They have a legal obligation to provide the CCA.

    After the 12+2 days is up the debt becomes unenforcable and any payments you were making towards it can be stopped.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    sarah03 wrote: »
    was just looking at that thread rog2 & started to question (had a long day at work and it took a few minutes for the compliant ing to kick in LOL), what they have sent back is a copy of the application form (it's one of those junk one's that has your name and address printed on it) there is no credit limit on it, no repayments info' - surely this is not a compliant cca? it's a piece of junk mail that the o/h filled in and posted!

    It certainly does not sound like a true cca, sarah, and we MAY be getting somewhere. Have a look at the following thread - it is a continuation of the link that I posted earlier, but has a letter that you may wish to send to CQ:

    http://forums.moneysavingexpert.com/showthread.html?p=7869437
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • sarah03_2
    sarah03_2 Posts: 116 Forumite
    many thanks to both of you - it is now 12+21days since original cca request, will get a good nights sleep and read throughly(lol spelling!) and write the letter tomorrow - will keep you posted
    xxx
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