Information to help you deal with your CRF's

Moderators: TalbotWoods, JaneClack

By shea2k
#291283 According to my Experian credit file, I have a recorded debt of £1,933 (default date 19/05/2006) that is due to be statute barred on the 19/05/2012.

On the 27th September 2011, I was contacted in writing by a company known as CL Finance Ltd, advising me that they had sold this debt to Lowell Portfolio Ltd as of the 14/09/2011.

Lowell Portfolio had then been in contact with me via mail from the 27/09/2011 until the 15/12/2011, whereby I started receiving letters from another agency called Red Debt Collection Services pertaining to the same.

From the 20th January 2012, the debt was then addressed by Hamptons Legal (also part of the Lowell Portfolio group).

I received a letter from them today (Hamptons) advising me that if I settle the debt within 10 days, they will accept 50% of the value (£966.88) or pay £40 a month until the balance is cleared as a final offer.

They have stated in the letter that if I do not respond within 10 days, then their next course of action with be to either pursue the matter through court or send out one of their agents to my home address to discuss non-payment.

As the debt is due to be statute barred within the next 3 months, would I be accurate in thinking that this is all just last minute posturing by this collection agency in a desperate bid to get me to acknowledge/pay the debt? I'm assuming that if they did file this through the court, then the debt would already have dropped off my record by the time a court appearance would occur.

Also on that note, can a debtor apply for a CCJ at anytime or is there a limit in place?

Has anyone any similar experience or advice on the matter?

Many thanks for your time and I look forward to your replies.
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By JaneClack
#291383 Just to say that if they did go for a judgment in the next month or so it would be in place before the statute barred date - it is up to you whether you want to hold firm and take the gamble. If there is a CCJ then this can be enforced but if there isn't you could still be chased but they cannot then take it to court after it becomes statute barred.
By nomlas
#291413 What type of debt is it? Do you have assets? As it is very close to being SB they are obviously having a last throw of the dice. However if you own property you need to be aware that they could, in theory, go for a Charging Order. You could dispute the debt if you have not already done so, need more info. Regards. -- nomlas
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By TalbotWoods
#291443 First things first, you seem very sure of the date, can I ask why?

The reason I ask is that a lot of people are not actual aware of the exact date, so when I see this it raises the question, 'what if' the date they have is wrong.

If the date is wrong either because of an action or lack of action on your part, either before or after that date, it could have a major baring on the Statute Barred date.

So it could be the debt may already be barred, or worse case it could be a long time off being barred

Tim
By shea2k
#291533 Thank you all for your prompt replies and assistance.

The debt appears to pertain to a store card from several years ago.

I have no not entered into any communication with any party regarding this debt or the recent communications from the 'new' creditors of the debt.

I am aware of this information and the start/end dates based on information provided in my Experian UK Credit Report.

A part from my car and household items, I do not have any valuable assets.

I'm getting the feeling that it might be best to accept the 50% offer and pay them the £966.88 and call it a day. I just hope that doing so will not stain my credit file for a further 6 years as a 'default satisfied'??
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By TalbotWoods
#291543 Right it MAY already be statute barred.

Irrespective of what is on the CRF, the debt is barred from the last date you made a payment, or acknowledged the debt in writing, nothing else.

The date on the CRF will be the date the company updated the CRF, and if it is a default date, then that is issued several months AFTER last payment, so it is very very possible and probable that it is already barred

This is why the question about the date!!
By nomlas
#291553 While this forum does not advocate debt avoidance in this case I feel you would be silly to make any payment whatsoever at this late stage. As you have no assets, to speak of, the DCA will not, almost certainly, take you to court. Just to be sure I would write a recorded letter stating clearly that you acknowledge no debt whatsoever to themselves or their client. I would also add, IN BOLD, that you have NO ASSETS. As this is a store card it is probably mainly interest anyway.

As Tim says it might be SB allready and in any case if not it soon will be. When you are absolutely certain that it is SB you could write again stating that you do not wish to receive any more letters regarding this matter as it is SB and you are not going to pay. That should then be the end of it however they will probably keep sending letters or pass it to another DCA. You could then report them to the regulatory bodies for ignoring your request. If you do write to them allways use recorded delivery and keep copies.
By shea2k
#291563 I've just logged into my Experian account to clarify the dates presented by them regarding this entry.

Account type: Credit Card/Store Card
Started: 04/01/2005
File Updated: 23/10/2011
Default Balance: £1,909
Default Date: 19/05/2006
Status History: 8 (Last Updated 23/10/2011)

That's everything I have to go on regarding this.

What do you guys advise?
By nomlas
#291583 Well if you are quite sure you have not paid anything or acknowledged, in writing, that you owe this debt then I would treat the 19/05/2006 date as the begining. So from 20th MAY this year you will be OK. I would send a letter as advised, make sure to state in no uncertain terms that you acknowledge no debt whatsoever and that you hve no assets.

This is just my view and another way could be just to ignore it and hope they do nothing, they probably will do nowt but I would write.
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By TalbotWoods
#291593 I looks as if is it barred, the default was issued in 05/2006, and NORMALLY they only go on the CRF after 6-8 months of late / non payment.

So obviously I cant be 100% sure as I dont know if a CCJ has been issued or there are other circumstances that affect this, but I would now be advocating hitting them with SB letters, if they chase, as I am 95% it is Sb'd

Tim
By shea2k
#291613
TalbotWoods wrote:I looks as if is it barred, the default was issued in 05/2006, and NORMALLY they only go on the CRF after 6-8 months of late / non payment.

So obviously I cant be 100% sure as I dont know if a CCJ has been issued or there are other circumstances that affect this, but I would now be advocating hitting them with SB letters, if they chase, as I am 95% it is Sb'd

Tim


So you're saying that although the default issue date was in 05/2006, the actual, legal date could have been several months prior to that, in which case it is already SB?

To date, no CCJ has ever been issued to me or my file in any case (either from this or any previous debtor).

I know the worst case scenario here is that if I do receive a letter from the court, I will, at that point have the opportunity to pay the full amount plus fees, and no CCJ will be invoked so long as I do so.

If I take it at face value though, that the default date was 05/2006 and that the SB date is 05/2012, realistically, would any debtor have time to escalate this issue to the courts? Or how long does it usually take before receiving a court order in such a matter?

Thanks as always for everyone's input!
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By TalbotWoods
#291623 The Statute barred commencement date is 6 years after the LAST time you made a payment or the LAST time you acknowledge the debt in WRITING.

It is not contingent on when the default was issued, and this normally takes place missed payment date, plus a MINIMUM of 28+14 days after that, but that is rare .... most are defaulted after 3 months minimum.

Now your status is Default 8, which indicates that they never actually issued a default notice, and that it went into default after the 8 month of non compliance (payment).

So it looks as if the last payment was about Oct 2005, so unless you have made a payment or acknowledged after that date, then is is and has been SB'd since Oct last year!

Tim
By shea2k
#291753
TalbotWoods wrote:The Statute barred commencement date is 6 years after the LAST time you made a payment or the LAST time you acknowledge the debt in WRITING.

It is not contingent on when the default was issued, and this normally takes place missed payment date, plus a MINIMUM of 28+14 days after that, but that is rare .... most are defaulted after 3 months minimum.

Now your status is Default 8, which indicates that they never actually issued a default notice, and that it went into default after the 8 month of non compliance (payment).

So it looks as if the last payment was about Oct 2005, so unless you have made a payment or acknowledged after that date, then is is and has been SB'd since Oct last year!

Tim


Very interesting conclusion Tim. Thank you.

Is there a default legal letter template or something similar I could use to write to Hamptons Legal with to raise these points, or is it simply just a matter of writing to them stating that I do not acknowledge the debt, have no assets worth chasing and that I believe the debt they refer to has already been statute barred and that I do not expect any further demands on the matter?
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By TalbotWoods
#291783 No

Just go straight for statute barred, it will be up to them to prove that the debt isn't.

Hamptons will try and convince you that they have written to you so the debt isn't statute barred, but in law ONLY TWO things unbar a debt, either you make a payment or you acknowledge the debt in writing, NOTHING ELSE.

This link takes you to the SB letter, and it is NOT an acknowledgement of the debt

viewtopic.php?f=24&t=19030
By shea2k
#291843
TalbotWoods wrote:No

Just go straight for statute barred, it will be up to them to prove that the debt isn't.

Hamptons will try and convince you that they have written to you so the debt isn't statute barred, but in law ONLY TWO things unbar a debt, either you make a payment or you acknowledge the debt in writing, NOTHING ELSE.

This link takes you to the SB letter, and it is NOT an acknowledgement of the debt

viewtopic.php?f=24&t=19030


Thank you very much Tim. Your assistance has been invaluable. I'll get the letter sent to them recorded delivery and see what happens next!

Thank you also to Sarah and Nomlas! I appreciate your time.