Very Vague letter from Debt Managers Ltd

[Never-In-Doubt]

Re: Very Vague letter from Debt Managers Ltd

So how likely are DM to make a dodgy payment to this account? It's slightly north of £4000.... And can a CCA request really reset the SB clock? I did use the CCA template from this very site after all!
Traintester.

No the CCA Request will not reset the SB clock if you used one of ours. DM cannot make a payment, you must do it from funds proving it came from you and/or acknowledge the debt which our CCA request does not do.

When they comply/mess up the s.78 request then send the SB template but as it's +6 years already you won't make it live again now as the clock has already struck.

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

Thanks Niddy, crystal clarification as ever. Top bloke.

[mgfboy]

Re: Very Vague letter from Debt Managers Ltd

No, it is definitely never that (except by coincidence).

Section 5 Limitation Act 1980 says -

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

So, for a typical credit card debt, the “cause of action” accrues on the date of the first missed payment. In the case of my own Crappy One/Crapbot Farcical situation, the last payment was made on 30th November 2006. The payment which would have been due on 30th December 2006 was obviously not made, so the clock starts at that point. 30th December 2012 was the statute barring date.

Any payment by the account holder, or a written acknowledgment of the alleged debt, is considered to restart the limitation clock.

SH

I'm confused now ( nothing new there!!!)

In this thead http://forums.all-about-debt.co.uk/s...hlight=default

I was told it was the date of the default

[Riz]

Re: Very Vague letter from Debt Managers Ltd

I'm confused now ( nothing new there!!!)

In this thead http://forums.all-about-debt.co.uk/s...hlight=default

I was told it was the date of the default

No, you weren't told that.

You were told that defaulted accounts are removed from your credit file 6 years from the recorded default date.

The date a default is removed from your credit file has nothing whatsoever to do with when the debt becomes statute barred. They are separate issues.

It is easy to confuse the 2 though, as they both involve a period of 6 years. Just not the same 6 years.

[mgfboy]

Re: Very Vague letter from Debt Managers Ltd

No, you weren't told that.

You were told that defaulted accounts are removed from your credit file 6 years from the recorded default date.

The date a default is removed from your credit file has nothing whatsoever to do with when the debt becomes statute barred. They are separate issues.

It is easy to confuse the 2 though, as they both involve a period of 6 years. Just not the same 6 years.

Fair enough I stand corrected

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

Today have had a multiple choice check box letter from DM saying

"further to your recent correspondence, we write to advise we have requested a copy of your signed agreement and statements. We will revert to you once these have been received."

I assume they will get back to me with the same statements that I received from Fredricksons a couple of years ago and if I then go down the statute barred route I'll hopefully be able to put this one to bed and wait til the default drops off in April/May some time.

[Never-In-Doubt]

Re: Very Vague letter from Debt Managers Ltd

Today have had a multiple choice check box letter from DM saying

"further to your recent correspondence, we write to advise we have requested a copy of your signed agreement and statements. We will revert to you once these have been received."

I assume they will get back to me with the same statements that I received from Fredricksons a couple of years ago and if I then go down the statute barred route I'll hopefully be able to put this one to bed and wait til the default drops off in April/May some time.

Ok, well give it a few days and then we'll see what they come back with.

Can you just clarify for my peace of mind, when did you last make a payment into this account?

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

I got a pack of statements and the earliest one stated that on 09/12/06 account 2 months in arrears and suspended. I've started a UE diary for this account at Traintester's Monument Unenforceability / Statute Barred Diary - allaboutFORUMS I don't know if you want to merge it with this thread perhaps? I'm not sure how to make it all the most fluid for the reader, I thought I'd try to put it all up in date order to help anyone else in the same kind of situation...

Thanks Niddy


I can post a set of copies in the appropriate place tomorrow if you want to cast your own expert eye over it all just to satisfy yourself?...

[Never-In-Doubt]

Re: Very Vague letter from Debt Managers Ltd

I got a pack of statements and the earliest one stated that on 09/12/06 account 2 months in arrears and suspended. I've started a UE diary for this account at Traintester's Monument Unenforceability / Statute Barred Diary - allaboutFORUMS I don't know if you want to merge it with this thread perhaps? I'm not sure how to make it all the most fluid for the reader, I thought I'd try to put it all up in date order to help anyone else in the same kind of situation...

Thanks Niddy

ok so that says you last paid in September 2006 (with Oct & Nov being arrears) for the letter in December.

This would have been SB'd in Oct 2012 - pointless messing around, just send this back asap

Dear Sirs

Statute Barred Account No/Reference No: XXXXXXXX

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. Regardless that I have requested s.78 in line with Consumer Credit Act; I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

This account is unknown to me, the last account of any similarity was held by me in 2006 and most definitely not acknowledged for over 6 years.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debts that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written acknowledgement via contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed, with the requested s.78 documentation in tow (a s.78 CCA Request does not acknowledge any debt as per the Limitation act so please do not attempt to confuse matters by claiming otherwise).

I look forward to your reply.

Yours faithfully,


Sign Digitally

I can post a set of copies in the appropriate place tomorrow if you want to cast your own expert eye over it all just to satisfy yourself?...

No need mate if you never paid, you never acknowledged it so it's SB - time is up for the losers.

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

Ok,

Letter composed, printed and will be posted tomorrow morning.

Hopefully it's now one down, two to go.

Cheers

Traintester.

Niddy special has now been sent recorded delivery.

Thanks again Nid.

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

Have today received a letter from DM saying the account was referred to our Client and are still waiting for their response, in the meantime it's on hold.

Lovely, more time wasted by them so even closer to the 6 years from the default date and goodbye from Credit File!

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

Hmmm,

DM say that the CCA request has been completed ad forwarded on to me, it contained an old statement, a complete run down of all transactions on the account and a copy of some terms and conditions, not even a photo copy of the application form and nothing that has been signed by me.

I sent off a letter telling them it is SB.

They reply with saying

"As you can see from the documents the last statement was dated 9th May 2007 and , therefore, is not covered by the Limitation Act 1980 Section 5."

I will be sending them Creditor Refusal to Accept Statute Barred template in the next few days.

They really do try it on don't they..

[ScabHunter]

Re: Very Vague letter from Debt Managers Ltd

They really do try it on don't they..

Errrr......yes!

Just out of interest, when does this statement show the last payment as having been made?

SH

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

Errrr......yes!

Just out of interest, when does this statement show the last payment as having been made?

SH

The statement (it's a complete run-down of all the transactions that ever took place on this account) shows the last payment to be made on 15th September 2006.

[Traintester]

Re: Very Vague letter from Debt Managers Ltd

Ah, the statement that DM refer to as having sent me from MBNA is dated 09/05/07 but there is no payment on it, in fact it says

"WE DON'T APPEAR TO HAVE RECEIVED LAST MONTHS PAYMENT. IF YOU HAVEN'T ALREADY DONE SO, PLEASE PAY £**** IMMEDIATELY OR CONTACT US ON THE ABOVE NUMBER TO DISCUSS YOUR ACCOUNT".

Sorry, that was the question you asked I think!