hi` i`m new to this, but old debt and being harrassed about it????

jasonkurtsdad

OK. Added that extra text,

thanks for that one.

mickeyblue_2

i agree, why don't you call whoever and arrange to make payments. Its hardly phone harrassment if you just didn't pay them. Sounds like you are trying to get out of paying somehow. Sorry if that sounds harsh

jasonkurtsdad

like i said i dont know who to pay. if lombard knew anything about it, i would easily pay up, but not to some people who i don`t owe it to.

jasonkurtsdad

OK. i have sent the letter about the phone calls recorded delivery.

just a bit more bout the debt. i haven`t heard anything about this debt for at least 5 years. I`ve had no letters or anything. I`ve already had a breakdown due to the stress of my other debts, which are now all payed off. I dont want to go down that road again. I got details of all my other debts no problem but lombard don`t know anything about the money i`m owe them.

nuttytart26

I thought debts were automatically wrote off after 5 years? x

terryw

nuttytart26 wrote: »

I thought debts were automatically wrote off after 5 years? x

Nope
terryw

Burlesque_Babe

Not CCJ's. The creditor can re-apply to the courts.

jasonkurtsdad

who? lombard or bcw?

jasonkurtsdad

who? lombard bank or BCW. ?

jasonkurtsdad

OH WELL. FOUND THIS LETTER AND I`M GOIN TO SEND AFTER THE 12 DAYS HAVE EXPIRED.



DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.



The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.



I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



If the creditor under an agreement fails to comply with subsection (1)—



(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,






WETHER OR NOT I SHOULD HAVE OR COULD HAVE PAID THIS DEBT, LOOKING AT ALL THE THREADS ON THIS SITE, I`VE DECIDED THAT THEY HAVE WAITED 7 YEARS TO PERSUE THIS DEBT AND I AINT PUTTING UP WITH ALL THE PHONE CALLS AND LETTERS THREATENING WAGES ARRESTMENT AND THE LIKES. PEOPLE NEED TO STAND UP TO THESE "MAGGOTS" AND FIGHT ALL THE WAY.

Nice rant!