Help with old 1997 Debt

[SXGuy]

Re: Help with old 1997 Debt

Someone else can correct me if im wrong, but i wouldnt be relying on SAR's to prove they have no CCA's, you should have sent proper CCA Requests.

[jules3107]

Re: Help with old 1997 Debt

Sry MrsD,

Yes I am making monthly agreed payments on all 4 AK debts and one was cleared last April which showed up on the print out as cleared/settled. I am also making monthly payments on the Cabot debt and have done since agreed without missing any payments for many years. I just want to know if they are unenforceable without the CCA's being pre 2006 changes? All my debts are from 1997 to 2001.

Many Thanks

Jules

[jules3107]

Re: Help with old 1997 Debt

Thank SXGuy,

I was of the understanding once you applied for a SAR everything had to be included (including the CCA's). Especially if you requested them in what you wanted from the SAR in a list.
Obviously this is what I did, yet nothing came back. And I know they wont have it on file due to time lapse. Its gone past 6 years since the agreements were taken out and furthermore, its
been more than 6 years since the debts were assigned to AK. Its been 9 years.

Kind Regard

Jules ;-)

[Never-In-Doubt]

Re: Help with old 1997 Debt

A SAR is s.7 Data Protection whilst a s.78 is under Consumer Credit Act. With the debts not enforced, send a new cca request (£1 each)...

do that and let me see their replies. Then we can hopefully put them to bed

[jules3107]

Re: Help with old 1997 Debt

Hey NID

Thank you, I will start the ball rolling now and get letters printed and tonight, post office in the morning and get them sent via recorded delivery and I will sign everything digitally as stated lol.

I have a rough idea of what I am doing just need a little nudge and guidance to be sure is all

This site is awesome fair play and quick replies THANK YOU !!!!!!!!!!!!!! xx

Jules

[jules3107]

Re: Help with old 1997 Debt

Afternoon all,

That's the CCA requests printed off, postal order bought and all sent off via recorded delivery.

HAPPY NEW YEAR !!!! Let's see where this takes us xx
Jules

[jules3107]

Re: Help with old 1997 Debt

Hi Guys,

A slight off topic but with unenforceability in mind here. It is with regards to CCJ which are over 6 years old and are not on any CRA files and under the radar.

Also after 6 years I have also read that the courts also only keep records for 6 years?

Not sure if this is true, yet I have read during numerous searches that if a DCA states they have a CCJ and they do not hold the paperwork, you can basically
again ask them to prove it? If they can not prove it you don't have to pay until such time they can prove there is a valid CCJ in existence. Also the "Statute of Limitation 1980 Section 24" may come into force.


" 24 Time limit for actions to enforce judgments

(1) An action shall not be brought upon any judgment after the
expiration of six years from the date on which the judgment
became enforceable.

(2) No arrears of interest in respect of any judgment debt shall be
recovered after the expiration of six years from the date on which
the interest became due."

Can this be really true? As from what I am reading and seeing, it is very plausible.

Would love to get your reactions and your thinking on this, I am just pursuing other avenues and this was one of the topics that snacked me in the face lol.

Considering I just found out I actually do have a CCJ dating back from March 2010. I want these lying AHOLES back 10 fold for all the lies, even if it takes me another 3 years to do it ;-) x

Regards

Jules xx

[Never-In-Doubt]

Re: Help with old 1997 Debt

A CCJ operates the same as other debts, trust online record it for 6 years and if there has been limited/no contact from the judgment holder they would struggle to enforce a debt that had previously obtained judgment then left untouched for 6 years so yes, a CCJ can in essence become SB as it's hard for the judgment holder to get a judge to enforce the ccj if it's been sat there for 6 years previously.....

I don't follow as to what you want to do with the ccj account? If they're not hassling you then continue to ignore them and stay off their radar..... Try and get to 6 years

[jules3107]

Re: Help with old 1997 Debt

Hi NID,

You know what your a STAR

[jules3107]

Re: Help with old 1997 Debt

Morning All,

Finally got around to looking properly at the 4 AK debts via the SARs sent.

The cheeky beggars have said in the last letter on all 4 accounts that as of DEC 2013 now have defaults on them just because I requested SAR's (never received such letters only in copy form with SAR)

The only letters I received was an offer to pay the debts of early with vouchers.

But they have also sent through the paperwork which shows no payments missed since 2004?

How can they issue Defaults for missed payments but actually still enclose the financial histories on all accounts which states different?

Are they allowed to do this?

Jules xx

[Riz]

Re: Help with old 1997 Debt

The cheeky beggars have said in the last letter on all 4 accounts that as of DEC 2013 now have defaults on them just because I requested SAR's (never received such letters only in copy form with SAR)

Really? They put that in writing that they are defaulting you for requesting a SAR?

Are we talking about fresh defaults on your credit report, or just defaulting under an AP/s87 or informal agreement?

[SXGuy]

Re: Help with old 1997 Debt

Were you paying, reduced, agreement payments each month? if you are not paying the agreed monthly minimum amount. Thats the amount you get on your statement each month which includes interest, then they are perfectly within their rights to issue a default.

Just because you are paying an amount which is agreed doesnt mean it stops defaults from occuring sadly.

[jules3107]

Re: Help with old 1997 Debt

Hi SX Guy.

Yes I have been making arranged reduced payments since 2004 agreed with by AK and never missed a payment via standing order as they have proved it via the financial print out sent.

Also all interest was frozen in 2004 via a CAB letter to them, which they agreed too also they agreed to the reduced payments at that time.

What's the point in having an agreement in place when they poop on you from a great height? They make me sick grrrrrrrrr.

I don't understand if you enter an agreement with them and both parties accept it, thus being via reduced payments or not, how can they justify their actions?

All because I asked for my SAR's. AHOLES !!!!!!!!!!!!!

Jules xx

[Never-In-Doubt]

Re: Help with old 1997 Debt

No that is unlikely that they issued a default as a result of the SAR - they are unlinked and nothing to do with the DCA.

I would hazard a guess that you've been defaulted years ago, around the time you initially stopped paying unless that never occurred in which case regardless of the fact you're paying an agreed amount, the rules state that if you breach the contract (agreement) then the lender can take remedial action and default you - if they've waited 8 years to do this then you could argue it, however the norm is for a debtor to cease payments when they realise they are skint and thus get the default out the way early, the problem for you is that if they did just default you now then you'll have another 6 years of bad history showing which is incorrect, you could then argue that the defaults are retrospectively applied back to the point you made the agreement which would be the correct way of recording the entries.

If you have access to your credit files then you'll know the actual default dates, but remember people refer to a default as in default sums (ie charge you £12 for not making the correct payment amount) - which your letter sounds like it may be referring as well. To formally default you (what this post is talking about) would mean they MUST first issue a s.87/88 notice allowing you the benefit of 14 days to repay the ARREARS only..........

Can you send me their letter so I can see what it "really" means...?

Why don't you do a proper diary and then stop paying these and then issue a formal s.78 and let's see what they really have......

[jules3107]

Re: Help with old 1997 Debt

Hey NID,

Defaults were already issued when I first defaulted years ago on every debt I had back then, and as far as I understand it, I though only 1 Default could be issued on each account regardless of how many times you defaulted?

Please forgive me if I am wrong here. And please correct me if I am wrong ;-).

I will send you the paperwork in the next 48 hours, its gonna be a messy one in a few hours. All my family and babies are to hit my house at anytime.

SO ON THAT NOTE, I THANK EVER SO MUCH FOR YOUR HELP THUS FAR. I WISH YOU ALL AND YOUR FAMILIES A BRILLIANT 2014

HAPPY NEW YEAR EVERYONE !!!!!!!!!!!!!!!!!!!!

HAVE A BRILLIANT NIGHT

JULES XXXXXX