Default one year to go and debt collection agencies apply all the usual pressure

[CleverClogs (RIP)]

Re: Default one year to go and debt collection agencies apply all the usual pressure

Good for blowing up balloons then

Not even that, as they run out of puff.

[garlok]

Re: Default one year to go and debt collection agencies apply all the usual pressure

Just going through this again. Am I right in thinking that originally this card was Capital 1?
The alleged debt has been sold on to Lowells? Has it been sold in Absolute and you have received a Notice of Assignment or a Copy of the Deed Assignment? (the latter is highly unlikely)

Have you asked for proof that Lowells actually own the debt? If they claim yes then they have also inherited all the obligations and responsibilities of the original agreement. Which will mean if they want to try anything on they will have to fulfill their obligations under the CCA1974/2006.

Neither of the DCAs can take you to court of their own volition. Only one of them can do that (as has been pointed out only one DCA at a time can legally chase the debt) and taking you to court would have to be in conjunction with the actual owner of the debt in Absolute.

This crowd specialise in getting it wrong and there are probably a number of things they will trip up on. I am not going to raise the issue of DNs and terminations from the OC at this stage of the game but we may be able to bring that into play.

best regards
Garlok

[Boogiemaster]

Re: Default one year to go and debt collection agencies apply all the usual pressure

Yes its Capital one and its from 2005 and the last payment was 2005.

Asked what documentation they had and they said none apart from name of company and debt amount.

All the usual threatening letters that have been ignored and it has been passed to that many debt collection agencies.

Four are chasing her at the moment and have all said court action and the wife has said what ever and get on with it.

[garlok]

Re: Default one year to go and debt collection agencies apply all the usual pressure

Hi Boogiemaster,

Good to see you around again. Its so close to being Statute barred I would do as Niddy suggested above and ignore everything unless they actually issue proceedings. The onus is on them to prove their case and there seem to me to be a number of avenues that would see them off in any case.

You have an admission that there are no docs for starters and if they do try they are going to have to find those docs first.

It can only be a matter of weeks and its bye bye to the lot of them.

regards
Garlok

[caspar]

Re: Default one year to go and debt collection agencies apply all the usual pressure

Hi Boogiemaster,
Totally agree with the above. Ignore absolutely everything, let them gt as desperate as they want, just ignore, ignore,ignore until SB, then celebrate!

[Boogiemaster]

Re: Default one year to go and debt collection agencies apply all the usual pressure

Turns out its statue barred so they won't be getting any money from the wife.

So looks like she got away with two debts now totaling £3200

[CleverClogs (RIP)]

Re: Default one year to go and debt collection agencies apply all the usual pressure

My wife has one year to go until her credit card debt with Capital one is statue barred.

Turns out its statue barred so they won't be getting any money from the wife.

Has a year gone by already?