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Loan almost statute barred, how to delay?

24

Comments

  • Is applying for a CCA counted as acknowledging the debt?

    I ask as they could not supply any information to you if you are not confirmed as the account holder. And if you have confirmed you are the account holder, you have reset the clock to statute barring back to when you applied for the CCA.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • jimbo26
    jimbo26 Posts: 954 Forumite
    Part of the Furniture 500 Posts Name Dropper
    OP, you won't get much help or sympathy on these forums as the vast majority of posters sit in the morality camp. You would be better heading over to the Consumer Action Group forum, they are a bit more militant over there.

    In answer to your question I don't think there is much you can do to delay anything. Anything you do to delay the process may be seen as acknowledging the debt, and once you acknowledge the debt the six years starts again.
  • Nasqueron
    Nasqueron Posts: 11,048 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I don't need to be reminded of the morals of debt collection agencies thanks. My question is what response to a PAP will force another PAP, rather than allow the creditor to send a claim form? a) a SAR, B) dispute due to an illegible CCA agreement, c) some other method. The debt is statute barred in April, it would be stupid not to use the law to my advantage.


    Just as the firm will use the law to their advantage by taking out a CCJ against you for another 6 years of credit record damage (or you end up paying the debt anyway).

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • ~Brock~
    ~Brock~ Posts: 1,715 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    jimbo26 wrote: »
    OP, you won't get much help or sympathy on these forums as the vast majority of posters sit in the morality camp. You would be better heading over to the Consumer Action Group forum, they are a bit more militant over there.

    I fully agree with this. Many of those that inhabit CAG (some seemingly on a full time basis) have a particularly peculiar attitude to debt in the sense that any debt seems to be seen as fair game and something to be challenged and, wherever possible, evaded.

    Just be careful, however, in that some of the advice I have seen given over there - e.g. completely ignore your creditors - is potentially more damaging in the long term than actually coming to a sensible and grown up arrangement with them.
  • I’ve said it before, and I’ll say it again. I sometimes wonder if it’s fair that some of us do so well in life when others struggle. It can leave people feeling guilt at the capriciousness of the universe, so it’s nice for people like the OP to remind us that in many cases the misfortune is exactly as it should be.
  • I come to the forum asking for help, and get smug replies from people who have no appreciation of my financial situation.
  • Nasqueron
    Nasqueron Posts: 11,048 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I come to the forum asking for help, and get smug replies from people who have no appreciation of my financial situation.


    You asked for help on how to delay repaying your debt to get it to the point of statute barred to avoid repaying it. Your financial situation is irrelevant as you recognise the debt is yours but you are trying to get out of paying it. It's not really surprising to get negative reactions to this.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Hi Phil,


    Just ignore the do-gooders on here, there are many reasons why people fall behind. And the behaviour of the banks and debt collection agencys compounds the problem.


    If the debt is 6 years old you can pretty much guarantee that its been sold a few times and you are now down to the real bottom feeders trying to collect.


    You just need to confirm exactly when the start date for statue barring begins, its not the default date but the last time you made a payment, the default usually follows about 3-4 months later.



    You have to keep them tied up asking for paperwork, ask them for the default letter as they need to go to the bank for that and that will take weeks. Then dispute the default letter if they added any interest/charges onto it. Then check the dates on the default as banks had a bad habit of issuing a default notice and then using a inhouse debt agency to chase you up before the default notice period ended. This alone will tie them up for months.


    If you want some genuine help go to legal beagles they will sort you out.
  • I’ve said it before, and I’ll say it again. I sometimes wonder if it’s fair that some of us do so well in life when others struggle. It can leave people feeling guilt at the capriciousness of the universe, so it’s nice for people like the OP to remind us that in many cases the misfortune is exactly as it should be.
    How long did it take your monkey to write that i wonder !!
    “Everyday is a bank account, and time is our currency. No one is rich, no one is poor, we've got 24 hours each.” “It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning.”
  • I come to the forum asking for help, and get smug replies from people who have no appreciation of my financial situation.
    Keep them bogged down in disputes, ask for default notice, notice of assignment, dispute validity of credit agreement, law states it must be a legible copy after all.

    Some people far too keen to be lemmings to the system.
    Best of luck, milk em dry.
    “Everyday is a bank account, and time is our currency. No one is rich, no one is poor, we've got 24 hours each.” “It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning.”
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