And so it begins...

[asm76]

Re: And so it begins...

Still nothing after almost 6 weeks :

I thought "THIS DEBT IS NOT GOING TO GO AWAY"?

[asm76]

Re: And so it begins...

Yesterday, Link sent me a statement of account...

[asm76]

Re: And so it begins...

Letter from Link!

"Why don't you take advantage of our generous offer..."

"Even though you owe £XX,XXX we'll let you pay this low amount £XXX.XX per month..."

"Just fill in the Direct Debit form, and you won't have to pay all at once..."



Debt drops off credit file in November, and I get their "generous offer" through the post... leads me to believe that the debt is Statute Barred, and they know it

[BBoo]

Re: And so it begins...

They clearly think the general public are stupid! Now, why would they offer a big discount after no doubt many threatening letters?

[asm76]

Re: And so it begins...

No discount yet, just the offer of paying it off monthly instead of one lump sum

[Paul.]

Re: And so it begins...

well it provides them evidence of their reasonable conduct and your unreasonable conduct if you refuse

at least that is what they will argue if they took you to court id expect.

Seen it done tooo many times

[asm76]

Re: And so it begins...

Received a "Final Offer" letter from Stink, dated 30th September, giving me 14 days to call them or they will hand it over to their field agents, or they may go to court and have a CCj issued against me, where they may send court appointed Bailiffs round to enforce the CCJ.

So I have some options, based on the fact I'm pretty sure it's SB:

1. Carry on ignoring and see what happens.
2. Send them a "prove it" letter.
3. Send them the "Statute Barred" letter.
4. Send them a CCA request.

I don't really want anyone coming round. At the same time I don't really want to write to them either.

[asm76]

Re: And so it begins...

Anyone any thoughts on what I should do here?

I'm torn between ignoring them and sending the SB letter.

[Deepie]

Re: And so it begins...

Anyone any thoughts on what I should do here?

I'm torn between ignoring them and sending the SB letter.

If it was me I would ignore Are you 100% it's SB ?

[asm76]

Re: And so it begins...

99.9% it is. It drops off my credit file in November.

[asm76]

Re: And so it begins...

I'm flapping now. I just don't know what to do for the best. And I'm clueless as to how this process works. I've been stewing this over for a week now, and it's starting to bother me, I'm not feeling very strong.

If this really is their "Final Demand" and they won't be contacting me again before passing it over to their "Field Agent" and I ignore him/tell them to go away IF they do call, will I just end up with court papers to deal with?

Challenging the CCA seems pointless now because they can just reconstitute it. I can't have a CCJ, I really can't. Another 6 years with a CCJ will ruin my life beyond repair.

[Deepie]

Re: And so it begins...

If it was me I would ignore Are you 100% it's SB ?

99.9% it is. It drops off my credit file in November.

I'm flapping now. I just don't know what to do for the best. And I'm clueless as to how this process works. I've been stewing this over for a week now, and it's starting to bother me, I'm not feeling very strong.

If this really is their "Final Demand" and they won't be contacting me again before passing it over to their "Field Agent" and I ignore him/tell them to go away IF they do call, will I just end up with court papers to deal with?

Challenging the CCA seems pointless now because they can just reconstitute it. I can't have a CCJ, I really can't. Another 6 years with a CCJ will ruin my life beyond repair.

If you are sure it is SB send this > Statute Barred - England (6 years)

[asm76]

Re: And so it begins...

I'm not sure, that's the problem. The only concrete facts I have are how much I owe, when I got the default and when it drops off, which is the 3rd November 2011.

Do you think I should send the SB letter anyway, and see what they come back with?

[garlok]

Re: And so it begins...

Thanks I2D.

I was trying to get a real handle on this thread before posting.

ASM,
1.Stop flapping its doing no one any good at all.
2. Is this debt Statute barred or not? It is irrlevant when the default drops off your file to the SB clock--- end of.
3. When did you last acknowledge or make payment aginst this debt? For SB in England it must be 6 years.
4. Making a subject access request for all of the personal details the company hold on you or making the statutory s78 information request does not constitute any resetting of the SB clock.
5.Does the agreement exist?
6. does it comply in full with CCA1974 from the dates you have given it is still under the s127/s61 protection.
7. There is a lot of hoo ha being spoken about reconstituted agreements by people with vested interests who have not read in full the "Carey" judgement, or have not understood it or who are prepared for their own reasons to mislead you. S108 and S234 of that judgement make it clear that the original shall be provided. Waksman actually wrote original. he stated that reconstitution was ONLY acceptable for s78 information requests only as that was what he was ruling upon and nothing else. Plus in all 13 cases of Carey, the debtor was claimant NOT defendant hence the onus of proof rested with them and it is virtually impossible for anyone to prove in a court the double negative as Waksman said in the "abscence of positive assertions" in Yunis and Adris.
8.There is dangerous ground for a claimant creditor to get onto in "Carey" and they will avoid at all costs the temptation to stray onto it.
9.If you are troubled by phones. No discussion, No security, No iD, Writing only phone down end of. When you have a record of 800 or so calls then you can say you have been troubled. Its how you handle it that matters.

Now the best thing to do is follow I2Ds suggestion, sit it out. In a week's time from your claims on this thread it will be SB anyway and they have to give you a weeks notice (7 day letter) before litigating.

Garlok

[asm76]

Re: And so it begins...

Thanks I2D.

I was trying to get a real handle on this thread before posting.

ASM,
1.Stop flapping its doing no one any good at all. - Now how am I going to get down off this roof?

2. Is this debt Statute barred or not? It is irrelevant when the default drops off your file to the SB clock--- end of. - I don't know if it is SB. The loan is from 2003 and I have no old paperwork for it. I was an alcoholic, clinically depressed and not coping with life very well. I was destructive and away with the fairy's. I got myself into a right old 2 and 8 and had completely forgotten about this loan. I can't have made many payments at all judging by the amount owed (no PPI), so at a guess I stopped paying in 2004/05, which would coincide with the default date. I do not know when I last paid them and I haven't heard anything about this until last year.

3. When did you last acknowledge or make payment aginst this debt? For SB in England it must be 6 years. - I've not acknowledged it so far I don't think.

4. Making a subject access request for all of the personal details the company hold on you or making the statutory s78 information request does not constitute any resetting of the SB clock. - Do you think an CCA or SAR request would be advisable? Just to see what they have on me.

5.Does the agreement exist? - I've ignored all correspondence with Link thus far, from advice on this very forum. No CCA request has been sent, so I don't know if they can produce a CCA.

6. does it comply in full with CCA1974 from the dates you have given it is still under the s127/s61 protection. - See above.

9.If you are troubled by phones. No discussion, No security, No iD, Writing only phone down end of. When you have a record of 800 or so calls then you can say you have been troubled. Its how you handle it that matters. - Last time they called me was October 2010, and they hounded me day and night. I wouldn't give them any security questions as they wouldn't say who they were at the time. I told them to write and got my first letter back in May 2011. I changed my phone number because of the frequency of the calls. They've not phoned since and I've kept my number out of the public domain.

Now the best thing to do is follow I2Ds suggestion, sit it out. In a week's time from your claims on this thread it will be SB anyway and they have to give you a weeks notice (7 day letter) before litigating.

Garlok

I just wanted to know if it was worth sending them any letters; SB, CCA or SAR to, maybe, keep the wolf from the door a bit longer, just to be on the SB safe side, if you like.

I don't want to engage in any communication with them at all really, if I can help it.

I just don't know if all they are all threats nothing more, or if they will actually pursue this via the courts. That is my main worry, I'd worked bloody hard up until then to get my debts and defaults satisfied so I can buy a house in 2013, a CCJ at this point in time would destroy me.