A lesson

[nightwatch]

I take it, when they said they have a " Backlog", it was of complaints about the fact they are SB.
so why have they not got the office junior checking dates and facts, before annoying people.

Answers on a postcard please, winner will win a lemon, closing date for entries, 12th of never.

[Dottir]

I got the rubbish about if it’s time barred it is still owed so my response was why wait 5 years and 11 months after telling me it was time barred. I also countered the we don’t have your number to ‘well you do because you text me’. It felt like a newbie who was reading from a script.

[Roger]

I got the rubbish about if it’s time barred it is still owed so my response was why wait 5 years and 11 months after telling me it was time barred. I also countered the we don’t have your number to ‘well you do because you text me’. It felt like a newbie who was reading from a script.

If they have CHAT options use CHAT (get what is said in writing !)

having said that
CONC 7.15.2G01/04/2014RP
In England, Wales and Northern Ireland, a statute barred debt still exists and is recoverable.

BUT

CONC 7.15.8R01/04/2014RP
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.

[Dottir]

An update

Today got an email from Intrum, about 4 months since I started my complaint. They have closed the account but still deny that they have done anything wrong. I have forwarded the said email to the FOS and also a final response from 2015 where they try to confuse me with the difference between DCAs and Debt purchasers. In a set out statements, the balance was shown as 0 two years before they actually bought the debt .

Anyway they is the update.

[Dottir]

Just sent a DSAR by email to Intrum. I’m curious about exactly what they have and what they share with the FOS

[Roger]

An update

Today got an email from Intrum, about 4 months since I started my complaint. They have closed the account but still deny that they have done anything wrong. I have forwarded the said email to the FOS and also a final response from 2015 where they try to confuse me with the difference between DCAs and Debt purchasers. In a set out statements, the balance was shown as 0 two years before they actually bought the debt .

Anyway they is the update.

Personally I have never engaged with emails and DCA's
The CCA 74 Act refers to Postage etc. Hence sending say for S.78 plus £1 and Evidence of postage etc.
Make certain you have a printed copy on file of that They have closed the account. DCA's of course buy the Account which is why they are bound by the CCA 74 ACT.
Was there a DEBT Balance on the Date of Assignment?

Personally this is where the AAD Diaries really help because it becomes an issue of question and answer. Which is speculative frankly.

[Dottir]

Personally I have never engaged with emails and DCA's
The CCA 74 Act refers to Postage etc. Hence sending say for S.78 plus £1 and Evidence of postage etc.
Make certain you have a printed copy on file of that They have closed the account. DCA's of course buy the Account which is why they are bound by the CCA 74 ACT.
Was there a DEBT Balance on the Date of Assignment?

Personally this is where the AAD Diaries really help because it becomes an issue of question and answer. Which is speculative frankly.

That is your choice. You say the CCA refers to postage but as you also have said it is 50 years old and there are later bits of legislation that allow for other forms of communication. I store my emails on the server. I also store letters etc
in the cloud.

Diaries are good if that’s what floats your boat but what happens when they disappear from the forum? I choose not to have a diary and I am not asking for help but passing on my experiences to others.

[Roger]

NO TWO DEBTS ARE THE SAME AND THE WHOLE PICTURE BECOMES IMPORTANT INCLUDE HEATH ISSUES.
The AAD Diary Format has a proven track record so that isn't open to question
My personal experience and many many others!

If it doesn't suit you so be it! Thats your personnal opinion

Yesterday the IT went down globally. Including Banks

MOB's and indeed Computers can be hacked Credit and Debit Cards can be Read by proximity devices.
Scams by emails are a daily occurance. They can be very deceptive and convincing!

As you must realise your preferences are being recorded. You computer has a unique ip address and MOB a unique id (I am not refering to your sim card)
So these can be identified and indeed hacked.

The point is you are entitled to ask for communication to be always by Letter and you can always scan and store copies of Letters etc.
Again your choice and your risk!

Here ends the conversation

[Dottir]

Roger
You are beginning to sound like a tinfoil hat kinda bloke. In the UK IP addresses tend to be dynamic not static. I think you are thinking of MAC addresses which can identify manufacturers etc.

I had no problems at all yesterday with IT, neither did you as you were posting on here.

Remember that since 2005 we have been allowed to sign credit agreements with a tick box.

I store my data in one of the most secure ways possible. I don’t want to rely on
paper copies- think Iron Mountain?.

The AAD diary is not perfect and people often put enough detail on it to be identified but that isn’t why I am not posting all the details.

Your diaries stop cold I assume because the debts became SB but you don’t say.

Just out of interest which were the sites that gave you such dangerous advice? I suspect it was get out of debt free considering you counter claimed.

I know you are grateful to AAD but even Nightwatch who unlike you or I , is a moderator , says diaries are not for everyone and demanding just scares vulnerable people away.

Not everyone can afford a solicitor and again as NW says, NWNF is not free.


As for the cca being letters read the explanatory notes

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

[Roger]

Roger
You are begging to sound like a tinfoil hat kinda bloke. In the UK IP addresses tend to be dynamic not static. I think you are thinking of MAC addresses which can identify manufacturers etc.

I had no problems at all yesterday with IT, neither did you as you were posting on here.

Remember that since 2005 we have been allowed to sign credit agreements with a tick box.

I store my data in one of the most secure ways possible. I don’t want to rely on
paper copies- think Iron Mountain?.

The AAD diary is not perfect and people often put enough detail on it to be identified but that isn’t why I am not posting all the details.

Your diaries stop cold I assume because the debts became SB but you don’t say.

Just out of interest which were the sites that gave you such dangerous advice? I suspect it was get out of debt free considering you counter claimed.

I know you are grateful to AAD but even Nightwatch who unlike you or I , is a moderator , says diaries are not for everyone and demanding just scares vulnerable people away.

Not everyone can afford a solicitor and again as NW says, NWNF is not free.

The sites I looked at? Well variety of sites that include examples of request letters to examples of Court papers to be filed etc. etc..
Actually many similar to the AAD old template letters.

BUT that poor cherry picked advice proven to be wrong. I had some success more by luck than judgement.
It didn't take long to realise that one shoe doesn't fit all sizes and tactics and understanding of the whole picture was very important. Hence discovering the AAD Diary

I Learn't not to over react Silence is golden whilst learning from others who had shared there Diaries and experiences.
This wonderful site helped me over the Statute Bar Line the reality is that all of my Debts were all flawed in one way or another.
My Diary is honest and reflects my errors as well as in the END the Silence of Statute Barred success.

Counter Claiming? The Original Card wasn't a Credit Card pre CCA 74 it was never was a Consumer Credit Account the IRON MOUNTAIN was used to cover the inability to provide a signed CCA 74.

The claimants legal tactics and the Oh so poor Legal advice from a highly respected site!

Fact the DCA's read the Diaries the Truth is that DCA's have been frightened Off by AAD Diaries and the comments and observations made!
Something else I personally learned. LET THEM KNOW ITS AMAZING HOW THEY LEAVE YOU ALONE.

Its called Tactics.

The tick box YES know all about the tick box but am also aware of the changes in CCA 74 over the years which is very important to know.

AAD has seen and helped many very vulnerable people to take control of their lives.
Indeed Vulnerability itself is a very important matter that sometimes needs to be brought out in the Diaries.

So you have never had a Bank collapse?
Never experienced a card declined because the LINE has ceased to work.
It happened prior to yesterday with the supermarkets

Dottir


I wish you well
But for me and so many others AAD has been my Saviour!
Here ends the discussion.

[Dottir]

Oh Roger ( Big sad sigh)

The account with the counter claim, well according to your diary was pre 1983 and different rules applied. Your diary says your counter claim was thrown out and you lost- you paid at considerable cost.

You say all your debts are now SB but I am sure you still get letters and don’t post updates. These sort of updates help people who also have time barred debts. Instead you play the big I Am and order people to do this that and the other. You never ask a gentle question to try and tease something out. Back in the day, I can see that Di was an expert at that.

You say that diaries have caused creditors to back off, can you evidence that. On another reputable site it was reported how the solicitor produced a whole thread in the court bundle.

You really can not hold a proper discussion, we all know the cca has changed but it was you who said it was a mail only act. I have shown you evidence you are wrong and that it was amended via a S.I.

You seem to think that saying something often enough, writing in upper case and underlining it makes it true- I have news for you, that is rubbish.

You tell people to call the solicitors and the first advice is free, but people on here report they talked to Gerry. He is an IT person. I would worry less if they spoke to someone bound by regulatory standards. I wouldn’t ask an accountant to fix my car?


I have nothing at all against AAD and what it was, I object to what it has become.

[Dottir]

Roger

I came on here to share an experience yet you manage to turn it into an argument.
I am wrong for using CONC
I am wrong for replying
I am wrong for using email
I am wrong for not putting it all up in a diary

Have you wondered why the only people who come here are spammers? I’ll give you a hint- look in the mirror. Oh and actually tell the truth.

P.S I just found in your diary you did use GOODF (good guess) but the cca 1974 was in force in 1976 so stop making it up. If you don’t know the answer SILENCE IS GOLDEN ???

[Roger]

Roger

I came on here to share an experience yet you manage to turn it into an argument.
I am wrong for using CONC
I am wrong for replying
I am wrong for using email
I am wrong for not putting it all up in a diary

Have you wondered why the only people who come here are spammers? I’ll give you a hint- look in the mirror. Oh and actually tell the truth.

P.S I just found in your diary you did use GOODF (good guess) but the cca 1974 was in force in 1976 so stop making it up. If you don’t know the answer SILENCE IS GOLDEN

Dottir
Your Knowledge here is false and you are ill advised


Type of account : Credit Card
Date commenced : Aug 1976 (their claim but without any evidence of this date)
BUT it was a pre NON Credit Card issued in 1960's (FACT)

Niddy's Comments

It's because the relevant parts of the CCA wasn't in force until May 1985 hence the key date is always post (19)/05/1985. Anything prior to then was exempt as there was no such thing as a s.78 request.

Hence the HSBC agreement would likely be a non regulated agreement.

Just to explain s.78 with Old CCA's

HSBC took my s.78 request and sent current terms to satisfy CCA.
TheConsumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983(“the Copies Regulations”) Regulation 9
Copies of old agreements and security instrumentswhere the agreement or security instrument has been lost etc
Anycopy of an executed agreement made before 19th May 1985 or of a securityinstrument relating to security provided before that date which is given to thedebtor, hirer or surety under any provision of the Act on or after that datemay comprise an easily legible statement of the current terms of the agreementor security as the case may be insofar as they are known to the creditor orowner where, due to an accident or some other cause beyond his control, thecreditor or owner does not have in his possession the executed agreement orsecurity instrument or any copy thereof.

In my case the date was Aug 1976!

1. Under the Consumer Credit Act 1974 (Commencement No2) Order 1977, credit agreements made before 1^st April 1977 were not regulated agreements under the Act.

I supplied this Diary of an experience prior to coming to AAD
I looked for guidance and information from many other Sites but I found nothing the Counter Claim (for damages) was a mistake BUT there was NO evidence submitted

That Debt was UE

I shared this with AAD and they knew the answers!!

Understand I came to AAD after following the likes of Dottir

I came on here to share an experience yet you manage to turn it into an argument. (wrong your haven't shared any new experience)
I am wrong for using CONC
I am wrong for replying
I am wrong for using email
I am wrong for not putting it all up in a diary

Yes I followed all of the above and Guess What happened PRA simply turned all of what you say so called ADVICE against me in Court!

You wonder why SILENCE is golden?
I dung myself into a PIT following the likes of Dottir opinions !!

No The AAD Diary and yes JCS and the excellent shared AAD Diaries brought me and many others to Statute Bar

[MisterK]

Oh dear. Another thread descends into chaos. What is happening to AAD? This is no way to attract newcomers to the forum.

Sailing through calm waters only to run into yet another sudden storm of pugnacious, disruptive and mostly incomprehensible hectoring.

There is really no need for all the bulk cut and pasting and the mass requoting. Nor the underlining and bold faced shouting.

Perhaps it would be helpful to limit the size of posts, disallow use of underlining, bold face or italics, allow one poster to block (not receive) posts from another poster, actively moderate aggressive posts.

A few years ago there was no need to do any of these things.

[Dottir]

Oh Roger- It has taken me some time to think about the best response to this and my apologises to Mister K (You are correct, a few years ago when there were lots of Mods and Niddy hadn't gone AWOL not answering emails, this place was more supportive and friendly- Di and Niddy were fabulous as were many others). It does seem sad also that the site has become commercialised with the first action being to talk to a solicitor- they too are capitalists, in the game to make money.

This thread was giving some information that I hoped others would find useful. Nightwatch said they were interested because they had received something similar.

Roger, I cannot make my mind up whether you are a liar or simply confused but to try and help me decide, here goes.

You say I am wrong and ill-advised but do not expand on this, you also say that PRA used all this against you but I am not sure which case you mean, your diary says HSBC took you to court.

You say I haven’t shared any new experience? This is nonsensical as this experience was new. If that is wrong, can you point me to where it previously was? I received a text and letter asking me to get in touch. This was for an account that 6 years ago 1^st Credit, now known as Intrum, had told me was time barred. They waited 5 years 11 months before they wrote to me again.

You tell me I am wrong for quoting CONC yet you seem to have quoted this many times although without acknowledging it as a source. I am using CONC as part of my complaint to the FOS and we will see how that turns out, I probably will not get anywhere but it will have cost Intrum time and money so win win.

You tell me I was wrong to reply. I am usually very conservative in my views on replying claiming time barred ‘just in case’ but this was clearly the case and I wanted to get this case closed and filed for ever. At some point I think this has to be done if the debt purchasers keep writing to you. I have done this with other accounts and will do it again if needed. Sometimes replying is the right thing to do, others ignoring them is also the right thing to do. In your own words no two cases are the same.

You tell me I am wrong for using email-, you have said the CCA 1974 has to be by post. I have shown you the SI that says this is wrong. I would say , for important information I would use RM signed for , for example if I was sending a CCA request. Even court papers can now be served by email unless specifically refused.

You tell me I am wrong for not putting it all in a diary – I do not have to do what you say , in fact NW who is a moderator has said it is personal choice. My other thoughts on the dangers of a diary are explained elsewhere.

Then we go on to some of the things you said about your case
https://all-about-debt.co.uk/forum/d...32#post1308832


You said you used several sites but in your diary you said you used GOODF
You said it was a 1960’s non credit card but in your diary you say it was opened in 1976 . ACCESS did not exist in the 1960’s. I appreciate that you could possibly have defended the claim with help just as in Santander v Mayhew but nothing is ever a given. In fact, if memory serves Access was a credit card from when it started - I am happy to be corrected if someone can show me I’m incorrect. It is not for you or me to say it was UE, that is for a court to decide and it seems in your case it didn’t, maybe with a GOODF defence the judge ‘saw you coming’. NIDDY explained in detail why 1985 was important, it is one of those dates, like 2005 and 2007 that are important.

It is also the case that a DN can be reconstituted and evidence it was sent may be enough.

My thoughts are you got in a mess by following demonstrably bad advice – GOODF. This is nothing like the way I operate and I have cleared many £000’s of debt

No one is denying that debt purchasing is just a way, in a capitalist economy, to make more money and we know they are not charities but frankly those comments are completely irrelevant.

I am glad all your other debts are now SB, were there any communications with you since they became that way, I bet there were but you have not seen fit to share this. I am still uncertain about your motives, but I am forming an opinion. I would say that you do seem to be full of your own self-importance and cannot stand anyone else having an opinion that differs from yours.


One last thought, maybe silence is golden if breaking that silence means incoherent GOODF style tinfoil hat rantings.