Subject access request ?

nicholasuk

I have a debt that's due to expire at the end of next month.

I have received a letter from a solicitors saying they will be starting legal proceedings in two weeks.

I have spoken to a debt charity but not sure was terribly happy with the advice.

But one thing they did say was order a subject access request. How do you order one of those they sent me links but nothing is clear.

Apparently they take 40 days

One of the suggestions was that this debt might already be statue barred.

My predicament is i'd rather pay £1000 than £3000 and get it cleared because they have given me the option to make an offer. I want to get it gone and avoid a ccj ruining my file.

I have no original information about my overdraft with the bank in question.

My main fear is they start the ccj proceedings in two weeks and i get the bill land.

How do i get a subject access request and how do i stall the debt agency until i can find out if its statute barred?

nicholasuk

I found the subject access form but i don't have the account number of that bank account lol

sourcrates

Hi,

I think you have been given the wrong advice here.

By the time a SAR has been actioned, they will of taken you to court.

You don't need a SAR.

So it was an overdraft yes, when did you last pay anything into that account ?

This is important as it will determine if the debt is statute barred or not.

fatbelly

The relevant date for when the statute barred clock starts ticking, for an overdraft, is when the bank calls in the overdraft. That is usually the date recorded on the credit file.

Obviously if you make payments to the debt after this, it extends the start date.

It looks in this case as if the creditor is aware of the dates and is looking to start a court claim before the six years is up.

I don't see any problem with making an offer of payment now. The creditor would save the costs and hassle of the claim, and avoid having the court order small payments over 3 - 5 years.

However, you must use the standard letter so as not to acknowledge the debt.

https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

nicholasuk

Thanks for the replies ,

Yes i sort of think the date logged on the file is probably the date they called it in

although the national debt line said they do change these things sometimes .

I feel the subject access may just be a waste of time.

I contacted the solicitors of the creditor today, i offered ten pounds a month which the guy seemed to be ok with, i am self employed so they cant attach earnings or anything.

They did seem keen to take an offer, but the settlement offer from my dad of 400 was rejected .

They have put it on hold for 30 days giving me time to set up a payment plan with the hmrc i owe them a grand.

The steps they took lead me to believe that court action was likely i did have two of these already go to the ccj stage before and i cant afford a bill like this.

The default goes from your file irrespective of getting into an agreement with them so maybe ill just get into the ten pounds a month and then hope they take a settlement a few months later. But seems like i have less to worry about now, they were reasonable and not demanding 200 a month or something silly.

nicholasuk

fatbelly wrote: »

The relevant date for when the statute barred clock starts ticking, for an overdraft, is when the bank calls in the overdraft. That is usually the date recorded on the credit file.

Obviously if you make payments to the debt after this, it extends the start date.

It looks in this case as if the creditor is aware of the dates and is looking to start a court claim before the six years is up.

I don't see any problem with making an offer of payment now. The creditor would save the costs and hassle of the claim, and avoid having the court order small payments over 3 - 5 years.

However, you must use the standard letter so as not to acknowledge the debt.

https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

You know something, the national debt line is who i called and he said, sending any letters is an acknowledgement, i said what about the without prejudice stuff and he said was still an acknowledgement, only way to avoid that was calls only.

That guy also said, 'im ashamed to say i used to work for these debt collectors' yet he gives advice as if he is on their side

So moral of the story is i guess take the debt advice help lines with caution lol, and maybe call two or three so you can see if advice is consistent.

nicholasuk

sourcrates wrote: »

Hi,

I think you have been given the wrong advice here.

By the time a SAR has been actioned, they will of taken you to court.

You don't need a SAR.

So it was an overdraft yes, when did you last pay anything into that account ?

This is important as it will determine if the debt is statute barred or not.

Are you national debt line? I did say that to him, he said don't worry about that. Just worry about what you're in control of. Which yes i was thinking well ill be screwed if they send court papers. He didn't think it was much of an issue, even after saying i had already had this sequence of letters from other solicitors over the last 18 months and it cost me 700 each time lol.

I think their date is likely to be correct, it pained me to call them and even offer them one penny, but its my only debt and im clean in less than 90 days. I like to gamble but 3k vs a lump sum of of a grand maybe (even though the guy said today a minimum of 50% but then went on to say but the client might want 60 etc playing hard to get i imagine) or a low monthly payment seems more appropriate.

I think his advice was rubbish.I can bet there's a few people like that working in these charities.

nicholasuk

And sorry sour when you said you had answered my other one i thought you meant on a different forum i posted on legal beagles but that was pretty useless i guess they get too busy to answer everyone.

nicholasuk

Well i never called them back couldn't be bothered and the limitations has run out now so nice and debt free. I could afford to pay it but didnt want to lol.

Now for getting a mortgage

StokieBecks

Technically you aren't debt free at all. Just because it drops off your file doesn't mean you don't owe it. Your a whimsical attitude to the "I could afford to pay it but didn't want to" doesn't fit right in MSE. Wish you all the best in your future quest but appears in a few years time we may yet see you back on here in the same situation. Please don't be flippant about not paying

sourcrates

nicholasuk wrote: »

Well i never called them back couldn't be bothered and the limitations has run out now so nice and debt free. I could afford to pay it but didnt want to lol.

Now for getting a mortgage

As a technicality, if you are ever pursued for this again, you cant simply ignore it, you should respond with the statute barred letter, otherwise a judgement in default may be obtained against you.