JASSASBLUE - UE Diary

[Warwick65]

I'm really sorry if I worried you, it was not my intention. I was trying (in my own hamfisted manner) to say why I have never told any of my creditors the debt is SB. If I need to I will but while it is the odd letter etc I won't. I also know that I have sent letters which looked at in the wrong light by the wrong judge could have been seen as an admission- fortunately the last one of those was sent 1st May 2015 so even giving time for slow post means I have crossed the finish line. I have also sent letters I would not have wanted a judge to see as they were totally unreasonable and abusive- all I can say is I am a lot calmer now but in the words of Bruce Banner - Don't make me angry- you wouldn't like me when I'm angry

[PlanB]

Thank you both (Di too) for your replies.

I'll sit tight but the thought of legal proceedings does worry me. . . . I guess I'll have to tolerate the emails and voicemails.

Don't be worried about the thought of legal proceedings because before they can issue a claim they are obliged to send you a Letter of Claim giving you 30 days to reply before they should issue s court claim.

At that point you can make them aware the debt is Statute Barred.

Hopefully the emails and voicemails will stop eventually. Perhaps wait until they write to you, and then post on the forum for another analysis of the status of the debt then.

Di

[jassasblue]

I tend to agree with Di. The content of your thread that just niggled was 2017 where you sent a SWID with a one liner. This is exactly the sort of thing that worries me.

I had a debt and in May 2015 I sent a letter saying I can not pay you any more, not even what your asking. It worried me that a judge might see that as an admission and not the ravings of a very stressed man who would have sold his granny to get them off my back. Luckily the date of that letter was 1st May 2015 but even so I won’t tell them.

You will see NW has accounts long since SB and uses the letters for scrap paper. I do the same

Thank you both (Di too) for your replies. Since Dec 2013, the only account that I contacted and inadvertently acknowledged was Barclaycard, I challenged their default date, I took out a DMP with Stepchange in November 2007 and Barclaycard defaulted me in 2014 after I took the unenforceable route. The FOS instructed them to remove the default, no other contact was made with them other than the AAD letters.

Re this account, the SWID with the one liner I was advised to send to them from this site, the one liner simply quoted see previous SWID January 2017. Again no other contact has been made with any other Creditors apart from the recommended AAD posts, my last payment to all of them was December 2013.

I'm feeling quite nervous that I'm thinking I'm home and dry and statute barred when you suggest perhaps otherwise.

I'll sit tight but the thought of legal proceedings does worry me.

Thanks again all, I guess I'll have to tolerate the emails and voicemails.

[Warwick65]

I tend to agree with Di. The content of your thread that just niggled was 2017 where you sent a SWID with a one liner. This is exactly the sort of thing that worries me.

I had a debt and in May 2015 I sent a letter saying I can not pay you any more, not even what your asking. It worried me that a judge might see that as an admission and not the ravings of a very stressed man who would have sold his granny to get them off my back. Luckily the date of that letter was 1st May 2015 but even so I won’t tell them.

You will see NW has accounts long since SB and uses the letters for scrap paper. I do the same

[PlanB]

This debt was statute barred Dec 2019, I've never sent a letter regarding SB, should I send one now

I've taken a hasty look back at your thread and can see that you thought another of your debts was Statute Barred but then reconsidered that might not have been the legal situation because you had made a refund request progressed to the FOS which may have acknowledged the debt.

The last payment towards a debt is not necessarily the 'cut off' point for a successful Statute Barred legal argument.

Maybe you should consider your legal position with this debt before you tell them that they don't have legal leg to stand on just in case they do.

My feeling is it's better to establish that (your legal position) now then argue it in a court with a Judge who might adopt a 'debt avoider' attitude to their decision with legal cost consequences added to the bill even if they were wrong. If that were to happen then you maybe able to appeal but there’s a costs risk attached to that too.

Maybe think carefully before you send a letter which may raise the temperature of this situation until you are certain of your legal position?

Di

[PlanB]

Feb 2021 - Letter from Debt Managers, they have checked my credit file and think I have moved house, (correct I bought a new property Jan 2021, mail on redirect for a year). Since then, I have daily emails, phone calls and weekly letters with various quotes re payments, further action and house visits.

This debt was statute barred Dec 2019, I've never sent a letter regarding SB, should I send one now? All this contact is a pain!

Hello

I agree contact by debt collectors can be a pain, but reacting too soon to the contact could cause you a pain if the debt isn't legally Statute Barred so they then pounce on you and issue a county court claim.

The last payment date isn't necessarily the reason for a debt to be Statute Barred. Sometimes it can relate to the Default Notice etc.

You say you have Royal Mail Redirect set up and that's where the letter was sent before being forwarded to you.

If you reply to them with a letter then you will have admitted that you are in receipt of mail to your old address, so if they did issue/serve a claim to that address you could find it tricky to argue that you didn't receive it if you need to make an Application to have any CCJ (Default Judgment) set aside.

More importantly you will have given them your current address (you can't lie about that) so they could issue/serve a claim there.

Try to be patient before reacting or responding to that annoying letter.

I'll take a peek back at the history of this debt on Monday.

Don't let that letter spoil your weekend.

Di

PS welcome to your new home

[jassasblue]

» Statute Barred - England (6 years) if told to send = england/wales === scotland there is another one you could use

Thank you for your reply, yes apologies I fall under England and Wales, thank you for the template :-)

[The Tech Clerk]

» Statute Barred - England (6 years) if told to send = england/wales === scotland there is another one you could use

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Debt Managers Ltd, previously Next

• Type of account Next Directory Store Card
• Date commenced 25/11/2002
• Approx balance £601.00
• Date last paid DMP 13/12/2013
• Are you on arrangement or not paying DMP
• Status Default 02/10/2009 UPDATE October 16 - Default Removed due to age

NOW SB - December 2019

Letter Sent
Letter Received

03/01/14 CCA Letter sent
11/01/14 Agreement received from Next
11/01/14 Email to Niddy
11/01/14 Email from Niddy agreement UE :-) Next course of action: http://www.all-about-debt.co.uk/old/...escribed-terms
16/01/14 PT letter sent
16/01/14 Another agreement received from Next same as 11/01/2014 - only difference they say balance £201.15 instead of £601.16
20/01/14 Letter received from Debt Managers Ltd enclosing agreement and asking for payment - ignored as crossed with PT Letter 16/01/14
18/03/14 Letter received from Debt Managers Ltd chasing for payment, they have contacted Stepchange who inform account closed!
27/03/14 Letter received from Parkgate Investigation Bureau (division of Debt Managers) chasing for payment - ignored
10/04/14 Letter received from Scotcall - Impending Debt Collection Visit
11/04/14 SWID sent
18/05/16 Email from Next they are preparing to sell the debt to a DCA - ignored
25/11/16 - Notice of Assignment received from Debt Managers (Services) Ltd, they have bought the debt from Next and chasing payment - ignored
Daily emails received from Debt Managers asking for payment - all ignored
13/12/16 Letter received from Debt Managers Ltd, I've failed to respond to their attempts to contact them, the next course of action is a r referral to their solicitors to commence legal action or a home visit by their external agents
10/01/17 SWID sent to Debt Managers Ltd
21/01/17 Letter from Debt Managers Ltd, info requested from Next, account on hold
10/03/17 Letter from Debt Managers Ltd, account still on hold, no response from Next!
25/09/17 Letter from Debt Managers Ltd, (I've ignored monthly one's since March 17), they state Next Directory are unaware of any dispute on this account and haven't received any contact from me at all. They have enclosed a copy of my Credit agreement (the same one I have had twice before in 2014) also they have attached a statement, only they haven't attached mine, the one I have belongs to a chap down South (full details from them too) and not mine!!!!
01/10/17 Copy of SWID 11/04/14 sent with a one liner of their acknowledgement
20/02/19 Letter from Debt Managers (Services) Ltd - they've written several times but I haven't been in touch to agree a payment plan....- ignored!
01/03/19 Letter from Debt Managers - copy of GDPR changes - ignored
07/03/19 Letter from Debt Managers - Asking me to get in touch to make arrangements to pay - ignored
22/03/19 Letter from Debt Managers - offering discount if I pay in full - ignored

Feb 2021 - Letter from Debt Managers, they have checked my credit file and think I have moved house, (correct I bought a new property Jan 2021, mail on redirect for a year). Since then, I have daily emails, phone calls and weekly letters with various quotes re payments, further action and house visits.

This debt was statute barred Dec 2019, I've never sent a letter regarding SB, should I send one now? All this contact is a pain!

[Joanna Connolly Solicitors]

My last payment to all Creditors was December 2013, however re this debt, I contacted the Ombudsman in August 2015 to complain about Barclaycard defaulting me 8 years after entering a DMP. I understand from previous advice this could be seen as an acknowledgment of the debt and may not be statute barred as a result.

I've since moved house, January 2021 and none of my creditors have my new address. I really don't want a visit to my old house. What shall I do now? The letters are thick and fast along with the blocked calls (diverting to my voicemail which is a nuisance).

The way I see it is that you have a letter from Barclaycard confirming their acceptance that this debt is unenforceable since they could't comply with your CCA Request. Hold that thought

You are now understandably upset by calls to your mobile phone at work.

You believed this debt was also Statute Barred but now accept that your complaint to the FOS in 2015 may have been an acknowledgment of the debt so it's probably not SB.

Anything you do now will attract Hoist's attention to your file, which could have negative consequences, although that won't alter the fact that this debt appears to be unenforceable albeit only a court can decide that.

You're getting phone calls not letters. You say you've moved house so maybe these calls are an attempt to trace you? Do you have Royal Mail redirect set up?

I wouldn't do anything right now unless you receive a threat of legal proceedings (and then you can contact me).

Di

[Warwick65]

Hi Warwick65, thank you for your advice, I did look at the telephone letter and like you did think about the "lack of diligence" quote. Yes I have mail redirection set up until September 2021, I think maybe the new CCA request is a better option.
Thank you for your reply, Julie

I would hang fire with the CCA request just at the moment. Keep that back in case they start to get heavy. If the calls to your mobile do become a problem then a short and sweet "You have tried to contact me by phone on several occasions. Please take note I will only accept communication in writing, please desist from calling ". No mention of the account or debt or anything like that- Keep it simple

[jassasblue]

If I am honest I would think twice before sending that letter. I say this because you need to be sure it is accurate. It says
'lack of diligence in dealing with my formal demands to cease calling me at my place of work'

have you actually asked them not to call you at work?

There are other things in there that you may or may not have asked them to do.

Now you have blocked them, are you still notified of missed calls.

Do you still have mail redirection set up?

So at most you have until August to get to, you are right though, Hoist may not know about your complaint.

If they write to you and get heavy you could send a new CCA request, it will be interesting if they could produce something when BC said they can't.

Diana Mayhew

Hi Warwick65, thank you for your advice, I did look at the telephone letter and like you did think about the "lack of diligence" quote. Yes I have mail redirection set up until September 2021, I think maybe the new CCA request is a better option.
Thank you for your reply, Julie

[Warwick65]

If I am honest I would think twice before sending that letter. I say this because you need to be sure it is accurate. It says
'lack of diligence in dealing with my formal demands to cease calling me at my place of work'

have you actually asked them not to call you at work?

There are other things in there that you may or may not have asked them to do.

Now you have blocked them, are you still notified of missed calls.

Do you still have mail redirection set up?

So at most you have until August to get to, you are right though, Hoist may not know about your complaint.

If they write to you and get heavy you could send a new CCA request, it will be interesting if they could produce something when BC said they can't.

Diana Mayhew

[The Tech Clerk]

Harassment by Telephone at Work

[jassasblue]

Re: JASSASBLUE - UE Diary

Account Owner Barclaycard (formerly Skycard)

• Type of account Credit Card
• Date commenced 14/12/2005
• Approx balance £4459.67
• Date last paid DMP 13/12/2013
• Are you on arrangement or not paying DMP
• Status Arrangement on Credit File UPDATE Barclaycard agreed to remove entry as should have been defaulted in 2008

NOW SB - December 2019

Letter Sent
Letter Received

03/01/14 CCA Letter Sent
11/01/14 Letter from Barclaycard, dealing with CCA request
15/01/14 Barclaycard letter received, they are unable to provide a copy of the terms of my credit agreement. Account suspended immediately and they accept account unenforceable.
15/01/14 Email to Niddy to confirm.

Niddy's reply:


that's also

send this back -> http://www.all-about-debt.co.uk/old/...escribed-terms

16/01/14 PT Letter sent
28/01/14 Reply to Missing PT's. We are unable to provide all the documentation and information required by section 78 of the Consumer Credit Act 1974. You can however request a SAR for £10. We accept that we are prevented from enforcing our agreement while this state of affairs continues yada yada yada We would however like you to pay in accordance with your statements. We may issue a default notice and instruct a third party to demand payment.

This letter is very safe in my clutches, payment? Hahaha bye bye Barclaycard - letter filed and ignored!

13/02/14 Letter and statement from Barclaycard, my payment plan cancelled, now in arrears, interest and charges to be resumed - ignored.
20/06/14 Default notice received from Mercers
11/07/14 Letter from Barclaycard asking me to call and pay as account overdue - ignored

2 accounts with Barclaycard, this one and the next post up.

20/01/20 - 2 letters received, 1 x Barclaycard, they've assigned and transferred account to Hoist Finance UK Holdings 3 Ltd who have chosen Robinson Way Ltd to act on their behalf - ignored as per Di
20/01/20 - Other letter Hoist Finance - Notice of Assignment to Robinson Way - ignored as per Di
24/01/20 - Letter from Robinson Way asking me to register online for their Portal and to call immediately to arrange a payment plan
29/01/20 - Text received asking me to call Robinson Way to discuss payment options
30/01/20 - Text received asking me to call Robinson Way asap to discuss payment
31/01/20 - Text received urgent that I call Robinson Way before action
31/01/20 - Voicemail received urgent I contact Robinson Way - no idea where they got my mobile number from, I've not had it long and certainly never given it to Barclaycard!
08/02/20 - Daily texts and voicemails received from Robinson Way asking me to contact asap - all ignored
14/02/20 - Changed my mobile number due to constant harassment from Robinson Way
12/03/20 - Letter from Robinson Way, they are unable to contact me (you don't say!), they request I contact them as a matter urgency regarding the outstanding balance - ignored

Advice required please, I have been ignoring monthly letters from Robinson Way, since November 2020 Hoist Finance are sending letters every week asking for payment. They have somehow acquired my work mobile phone number and are calling several times per day. I have blocked the number, I work for Emergency Services and this is my on call number, god only knows where they have got it from.

My last payment to all Creditors was December 2013, however re this debt, I contacted the Ombudsman in August 2015 to complain about Barclaycard defaulting me 8 years after entering a DMP. I understand from previous advice this could be seen as an acknowledgment of the debt and may not be statute barred as a result (depends how much Robinson Way now Hoist know).

I've since moved house, January 2021 and none of my creditors have my new address. I really don't want a visit to my old house. What shall I do now? The letters are thick and fast along with the blocked calls (diverting to my voicemail which is a nuisance).

Sorry for the long post, all other debts are statute barred over a year.

Thank you - Julie