amberashjess' UE Diary

[Never-In-Doubt]

Re: amberashjess' UE Diary

Yes (how many times can I say - yes send that to rob way only)

[amberashjess]

Re: amberashjess' UE Diary

Done, sorry for being so thick. I just don't want to do anything wrong. These DCA make me so nervous.

[amberashjess]

Re: amberashjess' UE Diary

Hi

ive had a response to Robway and they have sent a letter to say it was defaulted on 16th January 2009. Thats the default date on my credit report too. I stopped using this account in Nov/Dec 2007 when they phoned me up to take away the overdraft. A direct debit to the co op was also taken out by the co op themselves for a loan I think till Feb 2008.

They've also enclosed a financial statement for me to fill in a want my payment proposals.

Can I have advice on what to do now?

Thank you

[Undercover Elsa]

Re: amberashjess' UE Diary

Hi Amberashjess,
You could send the SB final response. To make it fit your circumstances better and put them straight on their ridiculous idea that SB starts from CRA default date, add the following straight after the first paragraph in the template:

As I am sure you are aware, as far as the Statute of Limitations is concerned the relevant date is the date of accrual of cause of action. The date of default on the CRA file is irrelevant. If a company does not place a default in a timely manner that is their error and a matter for the ICO.
I reiterate that there is no question that the last payment made into this account was no later than November 2007.

The final response template is here: http://www.all-about-debt.co.uk/inde...statute-barred

Elsa x

[amberashjess]

Re: amberashjess' UE Diary

Hi Elsa, I have no paperwork for this account and on a old credit report report I has 11 months of missed payments before they defaulted me on 15/9/09. I'm not sure if it was November or December that a last payment when in though. It was one or the other, though.

I did aSAR last year for these three coop accounts but the idiots only sent me paperwork for the loan and card so I don't know for sure.

Thank you.

[Undercover Elsa]

Re: amberashjess' UE Diary

OK fair enough...just miss out the last sentence about November 2007

[amberashjess]

Re: amberashjess' UE Diary

Thank you Elsa. its been over 6 years thats all i know.

[Undercover Elsa]

Re: amberashjess' UE Diary

Well the SB clock most certainly doesn't run from when the bank finally decides to notify a default to the CRA's. They're trying to pull the wool over your eyes, nasty beggars.

[SaltnVinegar]

Re: amberashjess' UE Diary

Well the SB clock most certainly doesn't run from when the bank finally decides to notify a default to the CRA's. They're trying to pull the wool over your eyes, nasty beggars.

Oh yes, and wait for the mysterious 'phantom payment' that was made approx 3 years ago, which, when challenged, they will not be able to trace........

[amberashjess]

Re: amberashjess' UE Diary

I know I've not made any payments in the last 6 years. I've had my Bank account I'm using now since November 2007 and only used that since, so will be able to prove that I've not made any payments to these clowns.

[Never-In-Doubt]

Re: amberashjess' UE Diary

Hi

ive had a response to Robway and they have sent a letter to say it was defaulted on 16th January 2009. Thats the default date on my credit report too. I stopped using this account in Nov/Dec 2007 when they phoned me up to take away the overdraft. A direct debit to the co op was also taken out by the co op themselves for a loan I think till Feb 2008.

They've also enclosed a financial statement for me to fill in a want my payment proposals.

Can I have advice on what to do now?

Thank you

Send this back -

Dear Sirs,


Reference: xxxxxxxx

I recently advised that this account was statute barred - something you still fail to register. You may now consider this my final response, unless you can provide proof to the contrary. You are surely mistaken if you believe that an account only becomes SB 6 years from the date of default when you know, as well as I know, that this is simply not true.


It is unlawful within the FCA CONC (Consumer Sourcebook) to try and trick a debtor with lies and / or other methods and I will have no qualms about reporting your actions unless you cease and desist immediately from contacting me with lies made out to be threats (unlawful).

The account in question was last used in 2007; if the creditor did not register a default for two years then great, that means a complaint can also be sent in about that because the guidelines issued by the FCA does suggest that an account must be defaulted within 3-6 months. 2 years is not an option and thus the creditor has also acted unlawfully so I now demand that any default that may be registered is immediately removed as well because it would have naturally expired being it should have been entered no later than 6 months since the account officially missed a payment which would mean that the default would automatically expire in 2013 as well - not 2015 which according to you, will be the case based on your lack of knowledge as proven in your recent communication.

As this account is clearly statute barred and I shall no longer communicate with you regards it. There has been no contact between us for over the prescribed period and therefore I have nothing left to say to you, if you would like to start action then please feel free. I will submit a detailed defence and also notify the court of your abuse of process and ensure a counterclaim is forthcoming.

Your initial claim would be rebuffed as unlawful and vexatious.I therefore do not expect to hear from you again, with regards to this account. If I do then I will formally notify the Financial Ombudsman Service & Financial Conduct Authority of your harassing and deceptive manner and ask them to investigate your suitability to retain a consumer credit licence, something I do hope we can avoid.

Yours faithfully,

[amberashjess]

Re: amberashjess' UE Diary

Thank you so much, Niddy. I will post this next week.

[amberashjess]

Re: amberashjess' UE Diary

HI

Earlier in the thread I had a letter from dlc asking for money and bothering me about an old debt. I ignored their offers and letters and they stopped. Today I received a letter from Ruthbridge for the same amount. They say its for a credit card but give no further information and they want money and are prepared to give me an offer. I have no idea what this account is and it will be definitely SB.

Shall I still ignore or not? I'm so sick of this lot bugging me now. I've just found an old credit report and it says default date 03/04/07 original creditor hilleseden security whom the letters refer to as their client.

Thanks for any advice

[Undercover Elsa]

Re: amberashjess' UE Diary

If it was me I'd ignore it for now. As they've not been specific, sounds like a fishing expedition.

[amberashjess]

Re: amberashjess' UE Diary

Thanks, Elsa. I will ignore. It just says an amount and credit card on the letter so as you say its not specific. I had so many defaults at one stage I couldn't say which one it is. Ive also read on the forum Ruthbridge are bottom feeders so I don't want to reply unless I have to.

Thanks