I'm asking here as i am not sure where to post this

[Pat]

Personally, if you show them evidence of your illness then they must treat you as to some extent vulnerable- if you don't they will argue they didn't know. Remember people say all sorts of things to get out of something, how many grandparents to some people bury :-)

However, I certainly wouldn't send an I&E.

[Spent2much]

Personally, if you show them evidence of your illness then they must treat you as to some extent vulnerable- if you don't they will argue they didn't know. Remember people say all sorts of things to get out of something, how many grandparents to some people bury :-)

However, I certainly wouldn't send an I&E.

Hi, I agree I am willing to send them evidence of my illness and even have the date of surgery now , but like you say I don't feel they need and I&E, I would like to know whether to tell them that they have another account that is five years statute barred ?. I think is very nasty of them to even mention it adding to my stress and might even consider reporting them for it .

[The Tech Clerk]

Vulnerability & Creditor Treatment. Free Advice. StepChange gives a bit of info:-

No I&E unless advised on here


Harassment by creditors - Citizens Advice I found to be the best of the two. have a chat on the phone with them the Tel No:- within content.

[Roger]

Vulnerability & Creditor Treatment. Free Advice. StepChange

No I&E unless advised on here

As The Tech Clerk above
But also CONC comes into this (for some reason its not often mentioned)

CONC comes under the Regulator!!

QUOTE CONC TO THEM and threaten to report them to the Regulator!

FCA Handbook - FCA Handbook
Statute Bar Debts are here QUOTE CONC to them!!

CONC 7.15 Statute barred debts - FCA Handbook

CONC 7.15.7G01/04/2014RP
It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.


Are well if you have Health issues and you can evidence this with Medical proof these are grounds for clearing these debts!

CONC 7.10 Treatment of customers with mental capacity limitations - FCA Handbook

A firm must suspend the pursuit of recovery of a debt from a custome...

[Night Monkey]

CONC is the Consumer Credit sourcebook, the specialist sourcebook for credit-related regulated activities.

For those who might need to look it up - I did .

[Spent2much]

Thank you all .

[Roger]

Thank you all .

Make sure you have copies of any letter plus contents you send them AND Proof of postage!
Don't pussyfoot any dilly dallying report them to regulator with a copy of what you have sent them!

[Spent2much]

Make sure you have copies of any letter plus contents you send them AND Proof of postage!
Don't pussyfoot any dilly dallying report them to regulator with a copy of what you have sent them!

i have only sent them an email at this point , but the reply I got was that they have two accounts and i need to send them proof of my illness and fill in an I&E form, the account I was referring to was the CCJ they have on me and the other account is statute barred , so I find this rather nasty of them adding more stress to my life at this time . They should know when a debt is statute barred and shouldn't have purchased it and certainly shouldn't have mentioned it to me as I didn't mention it .
I have proof of all my appointments from tests scans then diagnosis and now I have a date for surgery .
I feel this dca have stepped out of line here .

[Spent2much]

As The Tech Clerk above
But also CONC comes into this (for some reason its not often mentioned)

CONC comes under the Regulator!!

QUOTE CONC TO THEM and threaten to report them to the Regulator!

FCA Handbook - FCA Handbook
Statute Bar Debts are here QUOTE CONC to them!!

CONC 7.15 Statute barred debts - FCA Handbook

CONC 7.15.7G01/04/2014RP
It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.


Are well if you have Health issues and you can evidence this with Medical proof these are grounds for clearing these debts!

CONC 7.10 Treatment of customers with mental capacity limitations - FCA Handbook

A firm must suspend the pursuit of recovery of a debt from a custome...

This paragraph is interesting , because I think Hoist finance have not done their proper job in finding out about the second account they have . CONC 7.13.4R01/04/2014RP
Before pursuing a customer for the repayment of a debt, a firm must take reasonable steps to verify the accuracy and adequacy of the available data so as to ensure that the true customer is pursued for the debt and that they are pursued for the correct amount.



[Note: paragraphs 3.7e and 3.23a of DCG]

[Roger]

This paragraph is interesting , because I think Hoist finance have not done their proper job in finding out about the second account they have . CONC 7.13.4R01/04/2014RP
Before pursuing a customer for the repayment of a debt, a firm must take reasonable steps to verify the accuracy and adequacy of the available data so as to ensure that the true customer is pursued for the debt and that they are pursued for the correct amount.



[Note: paragraphs 3.7e and 3.23a of DCG]

Yes you will also notice that they can ask even if UE or Statute Barred!!! In other words pester you!!
The Law is buyer beware. They have brought a BAD Debt!!

Don't engage with the DCA write to them and refer them to and quote the relevant CONC
Keep copy of your letter and other evidence sic Health evidence AND make sure you have Proof Of Postage
(See everything in writing and SNAIL Mail!!!)

Anything they come back with that denies or ignores then DON'T engage in ping pong
SIMPLY report them to the Regulator with your evidence and their reply!

[Pat]

All true and whilst it is a long time since I read CONC it does say that if the creditor is informed it is SB or otherwise uncollectible, they must stop collection activity. However, telling a creditor a debt is SB is risky as you need to be totally sure it is SB- maybe you acknowledged it by mistake early on in your journey, maybe you made a small payment. I know early on I sent letters that could have been an admission- one basically said 'come and have a go if you think you're hard enough' however that was more than 6 years ago. Also remember that not all letters sent to DCAs or creditors are kept.

[stuckinarut]

Come and have a go if you think your hard enough, (Love it)

[ca71]

If I get to the point where any of my 2 remaining (alleged) debts become statue barred, I'll take great delight in writing a "I refer you to the matter of Arkell v Pressdram" letter.

https://lettersofnote.com/2013/08/07...l-v-pressdram/

[The Tech Clerk]

If I get to the point where any of my 2 remaining (alleged) debts become statue barred, I'll take great delight in writing a "I refer you to the matter of Arkell v Pressdram" letter.

https://lettersofnote.com/2013/08/07...l-v-pressdram/

Now now keep it clean lol

[Spent2much]

So should I send them proof of my illness and the date of my surgery which is next Thursday ? Should I not mention the I&E and the fact the second account they have is SB ?