Lowell (CohenCramer) Notice of Pending Legal Action (Statute Barred Debt)

fermi

. In case you missed in it previous page.

GothicStirling: If you doubt fatbelly's suggestions (he is a professional debt advisor who deals with this day by day by day), then talk to

- http://nationaldebtline.org

and maybe post on

- http://www.legalbeagles.info/forums/forum.php (who specialise in just this sort of thing)

sourcrates

GothicStirling wrote: »

Thanks for all the advice. I've read Debtline's info, and it clearly states that by only ticking option 1, would I restart the 6 year clock. Should I be asking for payment information from them as well, as I have a sneaking suspicion that they don't have this info from Provident?

Go with Fatbellys advice 100%, he does this for a living.

In 7 years on this forum, i have yet to see him give anyone bad advice.

fatbelly

fatbelly wrote: »

From your other thread I can't be 100% sure this is statute barred so the longer you can drag this out before they start a court claim the stronger your SB defence will be

...so tick Box C for more information and ask for a full Statement of Account and the written agreement for the debt.

sorry, 'the alleged debt'

That's box C on Section 1. You are not admitting the debt and no-one can claim you are.

Then you go to section 3 which asks about debt advice. It's neither here nor there in your case, but you can fill it in if you want

Then Section 4 box I is where you ask for a full Statement of Account and the written agreement for the alleged debt.

You can also ask for (and the form suggests this)

• A calculation of the interest
• The annual or daily rate of interest
• A description of the nature and amount of any administrative charges included in the alleged debt
• A copy of the notice of assignment of the alleged debt

but it's those first two that are important

Don't forget to sign, date, print name and return it within 30 days, 'signed for'. Towards the end of the 30 days may be best.

They should supply the requested items and give you a further 30 days.

GothicStirling

UPDATE

Received a reply from Cohen and Cramer today (3 months later!) A weaseling letter saying if I don't come up with a settlement offer in 30 days they will commence legal proceedings. The Statement that accompanies the letter proves that I have not made a payment since 1/11/2011, and I have not made contact since.

Next move?

fatbelly

Clearly statute barred then.

They would be stupid to start a claim - they 've left it too late. You could point that out or just leave it to see what they do.

I think I would point that out, but leave my reply till the end of the 30 days