Unenforceability & Template Letters II

never-in-doubt

hax wrote: »

Hi NID

You said that if someone admits a debt to a DCA over the phone then the six year period starts again. Are you sure about this? I've always thought that only written acknowledgment counts, not verbal?

I never said that mate, not me (Unless mistake but unlikely cos it isn't the case)

What I do say though you should not admit it verbally cos if they are recording the call and go and admit it verbally - guess what?

Basically acknowledging the debt can be in any form such as paying, writing or having a taped conversation with the account holder lol

hax_2

Thanks NID. I've read many threads on CAG about the Limitation Act 1980 and statute barred debts, and many people on there agree that a recorded phone call doesn't count as "cause of action."

It is worrying me that it does count, as I have no idea exactly when I last spoke to some of the DCAs that were chasing a debt a few years ago. I think all DCAs record phone calls.

never-in-doubt

hax wrote: »

Thanks NID. I've read many threads on CAG about the Limitation Act 1980 and statute barred debts, and many people on there agree that a recorded phone call doesn't count as "cause of action."

It is worrying me that it does count, as I have no idea exactly when I last spoke to some of the DCAs that were chasing a debt a few years ago. I think all DCAs record phone calls.

But of course it does if they trap you into admitting liability mate - for instance they say to you, are you prepared to make an offer of repayment today? To which you reply 'No, I don't get paid until Friday - I will ring and pay then'.

That, unfortunately, is admitting liability and they hold this against you voiding the Limitations Act.

CAG is good mate, not disputing the help there but a taped recording of admission can be classed as "cause of action"....

However, you can then use other laws (not acts) to supercede the Limitaion Act; for instance their harrassment into making you admit to a debt that wasn't really yours - mate it does happen. There is nothing set in stone because it is specific to each case therefore you'll hear differing views and the law can be easily interpreted/misinterpreted.

In your case, i'd not worry too much about it and if they never told you all calls were recorded then they can never use the admission in court.

hax_2

That's not too bad then. I've told them I can't make any payments because I don't have any money.

never-in-doubt

hax wrote: »

That's not too bad then. I've told them I can't make any payments because I don't have any money.

Next time mate - tell them to get lost and hang up on them

leemuddywaters

never-in-doubt wrote: »

Yes, why? Have they suggested doing this?

No! Im a bit concerned that they haven't replied to my settlement offer though, when a CCJ is issued is it automatic or do they usually give warning?

Goodtimesahead

never-in-doubt wrote: »

Hiya

Ok, first off - the 'without prejudice' basically means you cannot use it in court so they do not want the court to know about the offer (wonder why)....

Regards to the court stuff, add a paragraph saying so: See below

Excellent :T :A

Flower567

Hi NID

Firstly, I just want to reiterate what other people have said on here, your responses and help are so gratefully received and you do such a great job so thank you.

I hope you don’t mind me posting again with what may seem like basic questions but I am just getting a little bit confused from reading previous posts and was wondering if you could clarify a few things for me.

As you are aware, I have sent the first letter requesting a copy of the CCA (for Halifax credit card) however we have not received a response to this (other than the letter stating that they have reduced the credit limit!). I sent the second letter yesterday but I have just sent this via first class post so am going to send this again today via recorded mail. However, reading the advice on here this is when we stop paying. What I cant understand is – fair enough we stop paying and my Mum will then get defaults on her account. However, if Halifax are unable to provide a copy of the CCA then can they still chase you for the debt. My Mum is worried that should we stop paying (and even though we havent got a copy of the CCA) that she will have debt collectors and things coming round to the house. I really don’t want to put her through anymore stress so if this is the case then it may be better for us to stop now!

Further, I am presuming that Halifax would not be able to pursue her through the Courts for this and therefore obtain a CCJ but would that mean for the next 6 years should would constantly be getting defaults on her account.

Goodtimesahead

Flowers 567 Halifax can only default you once! Same with any other lender you decide not to pay anymore, for each lender you will eventually get a default registered on your credit file. Later they may send you a letter asking you to make a F&F settlement, at this stage and assuming you manage to agree a fair sum for you then you must ensure that they remove the default and any derogatory info as part of the F&F settlement, as you won't get them to do this afterwards, they will take the money and run and leave all the crap on your credit file! I'm sure NID will help you further, he is very good at all this stuff and we all value his immense contribtions to these boards.

critty_2

Hi it's me again. I am here to cause you more bother

I just looked at my experian report again and noticed a start date on the default. It was just a quick query as to if this is the start date of the original credit agreement with 3 or the date at which it supposedly, because I don't acknowledge this debt in no way shape or form, bought by hfo/roxburghe ?

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