Statute Barred

choca14

Apples2 wrote: »

Pfffft! You are Soooo old school. It'll never catch on.

The OP has enough to repay mum but repaying a debt?? Get outa here:j

I'm sorry, do you know the whole situation or just minimal detail that I original posted?

Must be nice to be able to sit in those ivory towers!

Apples2

choca14 wrote: »

I'm sorry, do you know the whole situation or just minimal detail that I original posted?

Doesn't matter what the situation is, contracts are black and white.
Everyone who defaults has their own personal explanation, unfortunately the only person who that concerns, is the defaulter.

Bottom line is someone lent money out but didn't get it returned in accordance with the agreement.

There is a phrase regarding the posisiton of Sympathy in a dictionary.

I just find it odd that you suggest on an open forum you have enough money to repay your mother, but you are not prepared to use that same money to repay the people you owe it to.

Mhambi

The loan is NOT Statue Barred as such as payments have been made to the account.

HOWEVER as you did not made the payments your mother has taken on the responsibility for the debt and acknowledged this by monthly payment. You probably put your mother down either as a guarantor or as a next of kin in the original credit agreement.

You will have to get your mother (YOURSELF DO NOT GET IN ANY WAY OR FORM IN TOUCH WITH ANYONE ABOUT THIS LOAN!) To write to them a letter telling them that she will not recognising the debt as belonging to her and are asking for further details to clarify it is genuine. DO NOT STOP TH PAYMENT AT THIS STAGE!
She will get then some kind of response why she is paying for someone else loan and that she wants to stop this payments with immediate effect unless they (the debt collection agency) can PROOF that she is responsible for the debt AND why. Just because she pays your loan makes it not automatically her loan unless it is somewhere in writing and she has acknowledged this in writing.
NEVER SIGN ANY LETTERS AND MAKE SURE SHE DOES NOT EITHER!

If she receive further demands for money (which she probably will) with no details provided she can send a CCA request.

The CCA Request is a letter sent to the Creditor / Debt Agency requesting a copy of the original signed credit agreement between the original lender and the debtor. If she is receiving letters from a Debt Agency then the CCA request needs to be sent to them and not the original lender even if this is known.

Under the Consumer Credit Act she entitled to ask for full documentary evidence including the signed copy of the original credit agreement provided she enclose a fee of £1 (postal order recommended as no signature required). If this is not provided within 12 working days the debt could become unenforceable.
After a further 30 calendar days they are committting an offence and can be reported to the FSA.

The Consumer Act does not require her to sign a CCA request letter and some debt advice organisations are advising against signing your name and typing it instead. If she receive a response asking for a signature, refuse Ask yourself why do they need her signature, after all they were happy to corrospond with her previously.
A letter requesting a signature does not stop the countdown to comply with her request!

The Consumer Credit Act 1974 sections 77 and 76 makes it an offence to continue to demand payment if she ask for details of the debt and they don't provide them. This only applies to regulated credit agreements, which doesn't include ordinary contractual situations where one is given time to pay for provided goods and services.
(Only now stop the payments!)



The lack of a compliant credit agreement is a very clear dispute and as such the following applies.
They cannot not demand any payment on the account, nor is she obliged to offer any payment.
They cannot add further interest or any charges to the account.
They cannot pass the account to a third party.
They cannot register any information in respect of the account with any credit reference agency.
They cannot issue a default notice related to the account.


The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement. If they produce the agreement some months down the line, they are within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to.

I strongly doubt that they have got the originals. But if they have you now look up if your mother is in any way or form responsible for your debt. If she is it is somewhere in the small print. Best is now to take it all to the CAB as they know where to look.

You yourself stay out of the picture as otherwise they can contact you again and even it may be Statue Barred they are in their right to ask for payments. They just can not enforce it through the courts.

If you need a template letter for the CCA let me know and I post a template.

Hope that helps.

kev.s

rather than put your mum throught he mill with small claims(if possible), dig deep and find some decency, pay your mum HER money back and stop the DD from HER account, then essentially you've paid a part of YOUR debt. then you could even consider paying it off! she must be so proud to have a child like you

Mhambi

kev.s wrote: »

rather than put your mum throught he mill with small claims(if possible), dig deep and find some decency, pay your mum HER money back and stop the DD from HER account, then essentially you've paid a part of YOUR debt. then you could even consider paying it off! she must be so proud to have a child like you

Mocking people for what they have or haven't done wrong does not help and will not change the situation.

The main concern is to get his mother out of the hands of the Debt Collection Agency by any legal means possible.

What else he wants to do about the debt and how he is paying his mother or the debt is of no concern, however his mother is.

Sometimes people do the wrong thing, I have certainly done so in the past and I am sure others have as well.
As more you load the blame on someone what he/she has done the more likely they will ignore any advise.
That would not be fair for the mother.
People asking for help and advise and not blame. I am sure it took a while to come here to get advise on what to do and that is the first step.
I comment him for doing so and for his concern about his mother. Blaming him no for something he has done in the past will not help the situation.

Tixy

................

Mhambi wrote: »

The loan is NOT Statue Barred as such as payments have been made to the account. Not necessarily true. If anyone could make a payment on your account to prevent it from becoming statute barred then DCA employees would pay a £1 to each account about to become statute barred. Which is why he needs to seek specialist advice.

HOWEVER as you did not made the payments your mother has taken on the responsibility for the debt and acknowledged this by monthly payment. You probably put your mother down either as a guarantor or as a next of kin in the original credit agreement. Highly unlikely that this is the case - certainly nothing from the original posts suggests that this was a guarantor loan. Never seen a credit agreement that asks you to complete next of kin.

You will have to get your mother (YOURSELF DO NOT GET IN ANY WAY OR FORM IN TOUCH WITH ANYONE ABOUT THIS LOAN!) To write to them a letter telling them that she will not recognising the debt as belonging to her and are asking for further details to clarify it is genuine. DO NOT STOP TH PAYMENT AT THIS STAGE!
She will get then some kind of response why she is paying for someone else loan and that she wants to stop this payments with immediate effect unless they (the debt collection agency) can PROOF that she is responsible for the debt AND why. Just because she pays your loan makes it not automatically her loan unless it is somewhere in writing and she has acknowledged this in writing.
NEVER SIGN ANY LETTERS AND MAKE SURE SHE DOES NOT EITHER!

If she receive further demands for money (which she probably will) with no details provided she can send a CCA request.Don't do this. Its not her debt, she cannot send off a CCA request (okay she can send one off but the will not send her it obviously as that would be in breach of the DPA). The OP hasn't even said what sort of debt this is and so we have no way of knowing whether it is even covered by the consumer credit act.

The CCA Request is a letter sent to the Creditor / Debt Agency requesting a copy of the original signed credit agreement between the original lender and the debtor. If she is receiving letters from a Debt Agency then the CCA request needs to be sent to them and not the original lender even if this is known.

Under the Consumer Credit Act she entitled to ask for full documentary evidence including the signed copy of the original credit agreement provided she enclose a fee of £1 (postal order recommended as no signature required). If this is not provided within 12 working days the debt could become unenforceable.
After a further 30 calendar days they are committting an offence and can be reported to the FSA. This bit about commiting an offence after 30days is no longer the case, changed well over a year ago.

The Consumer Act does not require her to sign a CCA request letter and some debt advice organisations are advising against signing your name and typing it instead. If she receive a response asking for a signature, refuse Ask yourself why do they need her signature, after all they were happy to corrospond with her previously.
A letter requesting a signature does not stop the countdown to comply with her request!

The Consumer Credit Act 1974 sections 77 and 76 makes it an offence to continue to demand payment if she ask for details of the debt and they don't provide them. This only applies to regulated credit agreements, which doesn't include ordinary contractual situations where one is given time to pay for provided goods and services.
(Only now stop the payments!)



The lack of a compliant credit agreement is a very clear dispute and as such the following applies.
They cannot not demand any payment on the account, nor is she obliged to offer any payment.
They cannot add further interest or any charges to the account.
They cannot pass the account to a third party.
They cannot register any information in respect of the account with any credit reference agency.
They cannot issue a default notice related to the account. Case law has now established they can issue a default and can continue to report to the CRAs.


The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement. If they produce the agreement some months down the line, they are within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to.

I strongly doubt that they have got the originals. But if they have you now look up if your mother is in any way or form responsible for your debt. If she is it is somewhere in the small print. Best is now to take it all to the CAB as they know where to look.

You yourself stay out of the picture as otherwise they can contact you again and even it may be Statue Barred they are in their right to ask for payments. They just can not enforce it through the courts. Once a debt is statute barred and you tell them you don't intend to pay then the DCA must stop chasing the debt, so they would no longer be in their rights to ask for payments.

If you need a template letter for the CCA let me know and I post a template.

Hope that helps.

Mhambi

Tixy: Thank you for your corrections. Couple of things that I did not know or was not aware of.

Just one thing that I have to correct you on as this has happen to my wife.
She got a credit in 1999 and had to put down her next of kin. So there is a chance that this is on the original contract.
Se never had a problem with it as she paid the loan of within a year. As far as I remember it was Norton Finance where she had the loan with.
Also CG Money do take down the next of kin (I just checked on my old B&Q account), so some lenders will ask for this.

Other than that, thank you for your corrections as I do not want to give out any wrong advise knowingly.

choca14

Tixy and Mhambi,

Many thanks for the advice that you have given on here, thats very helpful.

kev.s

Mhambi wrote: »

Mocking people for what they have or haven't done wrong does not help and will not change the situation.

The main concern is to get his mother out of the hands of the Debt Collection Agency by any legal means possible.

What else he wants to do about the debt and how he is paying his mother or the debt is of no concern, however his mother is.

Sometimes people do the wrong thing, I have certainly done so in the past and I am sure others have as well.
As more you load the blame on someone what he/she has done the more likely they will ignore any advise.
That would not be fair for the mother.
People asking for help and advise and not blame. I am sure it took a while to come here to get advise on what to do and that is the first step.
I comment him for doing so and for his concern about his mother. Blaming him no for something he has done in the past will not help the situation.

who the hell's mocking? my point is he's already stated he can afford to repay his mother, so why not pay the debt? to much want and not enough need!