OH's Cahoot Flexiloan

[lookingforward]

Re: OH's Cahoot Flexiloan

Hopefully They'll get bored of being ignored and go away

[nightwatch]

Re: OH's Cahoot Flexiloan

well if your paying the VERY ODD 1p i would want it over a longer time

[cymruambyth]

Re: OH's Cahoot Flexiloan

They are now offering instalment plans over 3, 5 or 7 years

[cymruambyth]

Re: OH's Cahoot Flexiloan

Their client are now willing to accept a partial settlement. Please ring

[cymruambyth]

Re: OH's Cahoot Flexiloan

Just checked a couple of old credit reports. Account defaulted early 2007, but according to equifax it was updated in February 2011, but no entry about the update! It has dropped off experian.

[panther12]

Re: OH's Cahoot Flexiloan

Perhaps they're mistaken and the 1p is actually what they paid for the debt. I'd probably ignore but if they are serious and you feel they're going to start action I think I'd send something like this that I came across in a payplan debt forum:

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

I/We* 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.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide STRICT proof and evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

For the avoidance of doubt STRICT proof should include how any allegedly payment was made, from what bank account it was allegedly made form, name of person who allegedly made this deposit. If you are not able to provide this information I will require a written explanation, and please be aware that I will require you to provide this proof in any court should you attempt legal action. In this matter I refer you to Halsbury's Laws of England/Civil Procedure (Volume 11 (2009) 5th Edition Paras 1 - 1108; Volume 12 (2009) 5th Edition Paras 1109 - 1836)/20. "Evidence/(6) Documentary Evidence and Real Evidence/(i) Proof of Execution of Documents/A. Modern Documents/867. Strict Proof

You are also reminded of the FCA Consumer Credit Source book (CONC) rules which you are legally obliged to adhere to, and further I am fully aware that compliance with the rules is a condition of your FCA Licence:

Rule 7.15.4 "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

Rule 7.15.7 "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."

Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules I will uses this as a defence, and further I will draw this breach to the attention of the FCA Compliance Team

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

[The Tech Clerk]

Re: OH's Cahoot Flexiloan

Where did the 1p come from? Cym you're too generous. xx

Nooooooooooooooooooooooo body would believe that as she is not that generous! I have been told lol

with a comment from them like that I would formal complaint to them via e-mail and copy to FOS etc.

[cymruambyth]

Re: OH's Cahoot Flexiloan

Another letter stating that it isn't statute barred as 1p was paid in! I was thinking of asking for proof of this payment unless anyone has any better suggestions.

[cymruambyth]

Re: OH's Cahoot Flexiloan

Is it even possible to make a payment of 1p and who the hell would pay a penny let alone accept a payment of 1p. Are they seriously saying you paid 1p.

Yes they have shown regular payments, a break, a payment of 1p and an I&E form!

[nanna58]

Re: OH's Cahoot Flexiloan

Where did the 1p come from? Cym you're too generous. xx

[panther12]

Re: OH's Cahoot Flexiloan

Is it even possible to make a payment of 1p and who the hell would pay a penny let alone accept a payment of 1p. Are they seriously saying you paid 1p.

[cymruambyth]

Re: OH's Cahoot Flexiloan

I was just going to send a one liner to say that I dispute their claim that 1p was paid in to the account, unless anyone has any other suggestion.

[nanna58]

Re: OH's Cahoot Flexiloan

Good luck Cym xx

[cymruambyth]

Re: OH's Cahoot Flexiloan

We have proof that it isn't SB; we paid 00.01p in 2011 .they have sent an I&E form for completion!

[cymruambyth]

Re: OH's Cahoot Flexiloan

Such a shame Rob Way' s client are still looking for the paperwork