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Do the 3 Letters or New Approach Still Work? Advice Needed

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Post by Hunx787 on Thu Apr 04, 2019 3:13 pm

Hi,

I have been reading through the forums recently, and have noticed quite a high amount of people being taken to court, specifically a lot of Lowell cases. Are there companies cottoning on to these kind of processes now?

I ask as I am weighing up the pros and cons of doing this. I have 4 Debts: One with Lowell for 1000 which defaulted back in 2013 (last payment was middle 2013), One with PayPal for less than 800, One with Lending Stream for 600, and one with Capital One for approximately.

I recently sent these creditors letters based on the fmotl website, asking them for Validation of the debt within 14 days etc etc. I did get a reply from Lowell, the gist of the letter stating that they don't accept what I am saying, and that further letters like that will be ignored, and that they will still pursue me for the debt.

My questions are: Is this all really worth it, factoring in the risk of going to court? also, if I do decide to fight these debts, is it worth me trying the New 3 letters process, or is it getting riskier now? Any help or advice is appreciated.

Regards.

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Post by daveiron on Thu Apr 04, 2019 3:56 pm

Welcome,

The choice of course is always yours. If you are prepared to fight them ,you at least have a good chance
of winning . Not fighting them will result in ccj's, threats & debt collectors.
Only start the process if you are prepared to see it through.
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Post by Hunx787 on Thu Apr 04, 2019 5:03 pm

@daveiron wrote:Welcome,

The choice of course is always yours. If you are prepared to fight them ,you at least have a good chance
of winning . Not fighting them will result in ccj's, threats & debt collectors.
Only start the process if you are prepared to see it through.  

Thanks for getting back to me.

Even though I sent Lowell a letter regarding my nearly 6 year old default, I could still claim statute barred when it hits the 6 year mark can't I?

I'll have to have a good think about the rest because honestly I don't know if I'd want the shame of court, even thought he advise is lawful but I'll have to seriously consider it - best to just start the newer 3 letter method from scratch?

Cheers

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Post by daveiron on Thu Apr 04, 2019 6:01 pm

There is no shame about court ,its not a criminal court,only business.
If you have defaulted on these accounts it will be on your credit report for 6 years anyway even if
it shows as satisfied.
Do you have default notices for all these accounts ?

Its probably a good idea to do a Subject Access Request to all the original creditors.
Start the new 3 letters with Lowells while you decide about the others.
Just remember ,only contact them all via recorded mail & never ever by phone.
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Post by Mrblue on Thu Apr 04, 2019 11:24 pm

Welcome! DaveIron is right - you have a good chance if you stick with the process (and you’re very organised etc). He is also correct when he suggest you only use the process if you’re prepared to see it through. You’ll be in it for the long haul (well until Satute Barred) and the DCAs will come and go / the alleged debts will be sold on etc.

Just remember this; the onus is on THEM and not you to produce the paper work to evidence THEIR claim against you. They have to do the hard work - and I say hard work because they rarely have the paper work that we are LEGALLY entitled to see (and they know that despite pretending not to in their letters....)

Good luck, you’re in the right place
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Post by waylander62 on Thu Apr 04, 2019 11:38 pm

agree with those who have gone before me

just my opinion but if you are serious about making them work hard for their money and meeting them head on it may be a good idea to have a different thread for each debt because it can often become very confusing if there happens to be 2 or 3 different debt purchasers all writing to you about different things in the same thread it can cause a real headache for those trying to help

i would certainly challenge them ALL to prove what they are claiming

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Post by Hunx787 on Sat Apr 13, 2019 4:18 pm

@daveiron wrote:There is no shame about court ,its not a criminal court,only business.
If you have defaulted on these accounts it will be on your credit report for 6 years anyway even if
it shows as satisfied.
Do you have default notices for all these accounts ?

Its probably a good idea to do a Subject Access Request to all the original creditors.
Start the new 3 letters with Lowells while you decide about the others.
Just remember ,only contact them all via recorded mail & never ever by phone.

Thanks all for the messages.

In relation to the Lowell Debt, it will be 6 years since the default and last payment this June - do you think I should just wait until June and then send a Statute Barred letter instead?

I am considering starting the 3 letters as you stated for the other debts.

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Post by daveiron on Sat Apr 13, 2019 5:02 pm

Hi , Unless or until you get a letter before action from the 'Leeds Losers' keep your head down and play for time.
If they write to you giving x amount of days to respond leave it until then. Just check the date in June so you know what to aim for.After that they are screwed.
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Post by Hunx787 on Sat Apr 13, 2019 5:10 pm

@daveiron wrote:Hi , Unless or until you get a letter before action from the 'Leeds Losers' keep your head down and play for time.
If they write to you giving x amount of days to respond leave it until then. Just check the date in June so you know what to aim for.After that they are screwed.

Great thanks.

Upon checking my credit file it now states "account under review" what does this mean? I wish I hadn't been so hasty now and just kept my mouth shut until the statute barred date. I sent them 2 letters based on the FMOTL website

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Post by waylander62 on Sat Apr 13, 2019 11:26 pm

do you have a default notice for this one ? that is key to statute barred date

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Post by Hunx787 on Sat Apr 13, 2019 11:48 pm

@waylander62 wrote:do you have a default notice for this one ? that is key to statute barred date

Yes, default as of June 2013 and no payments to them since.

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Post by waylander62 on Sat Apr 13, 2019 11:51 pm

sorry, but an actual default notice sent by the original creditor

which will state that this has been served as per section 87 of the CCA etc etc etc.

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Post by Hunx787 on Sat Apr 13, 2019 11:52 pm

@waylander62 wrote:sorry, but an actual default notice sent by the original creditor

which will state that this has been served as per section 87 of the CCA etc etc etc.

Oh I see, all I have to go on is the Noddle credit report stating that the default was first posted June 2013

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Post by waylander62 on Sat Apr 13, 2019 11:55 pm

not the same sadly

this is where you have to be careful with statute barred , do you have any of your own paperwork for this ? might you have a copy of the default notice ?

if not then i think a SAR to the original creditor is worth sending which should give you the answer.

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Post by Hunx787 on Sat Apr 13, 2019 11:58 pm

@waylander62 wrote:not the same sadly

this is where you have to be careful with statute barred , do you have any of your own paperwork for this ? might you have a copy of the default notice ?

if not then i think a SAR to the original creditor is worth sending which should give you the answer.

Unfortunately not I was less organised then and it would have been shredded or thrown out (if I even did receive it). What is the difference between the two then? It does say "date of default x" on the credit report so I though that's what it was.

Is it essential to send a payment for a SAR request?

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Post by waylander62 on Sun Apr 14, 2019 12:08 am

no a SAR is free and they have 1 calender month to respond

unfortunately in a recent court case the judge ruled for CCA agreements that the statute barred starts from the date of the default notice !!

hey what a surprise a judge making a ruling to help the DCA's that is the good old british injustice system for you

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Post by Hunx787 on Sun Apr 14, 2019 12:19 am

@waylander62 wrote:no a SAR is free and they have 1 calender month to respond

unfortunately in a recent court case the judge ruled for CCA agreements that the statute barred starts from the date of the default notice !!

hey what a surprise a judge making a ruling to help the DCA's that is the good old british injustice system for you

Ohhh I see. How does that fit in in regards to the last payment made though? for example, say the default notice was send in may of 2013, but my last payment was June 2013 - would it be 6 years after that payment, or 6 after that default notice?

It is all a bit confusing but I guess they do that on purpose. So you think a SAR is definitely the best route to go down then for Lowell? (the original creditor here will be Vanquis). I don't know if it is also worth noting, but Lowell did state in their letter that Vanquis closed the account September 2013 - this was in Lowell's recent correspondence to me.

In fact, I have just checked their letter again, and it states "as your payments were not up to date, Vanquis sent a default notice to you prior to the account being defaulted on 06/2019" - so I guess this is the information I was after then? the that is in fact the date of the default notice?


Last edited by Hunx787 on Sun Apr 14, 2019 12:44 am; edited 1 time in total

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Post by waylander62 on Sun Apr 14, 2019 12:40 am

yes that is quite a handy letter to have, but you really need the actual default notice which vanquis should be able to send you.

the default notice will give you a sum and a date by which this sum needs to be paid, the date when the sum needs to be paid would be the start date for statute barred as this would be the cause of action.

so it looks like around mid june

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Post by Hunx787 on Sun Apr 14, 2019 12:48 am

@waylander62 wrote:yes that is quite a handy letter to have, but you really need the actual default notice which vanquis should be able to send you.

the default notice will give you a sum and a date by which this sum needs to be paid, the date when the sum needs to be paid would be the start date for statute barred as this would be the cause of action.

so it looks like around mid june

Hopefully they don't commit to any court proceedings, but is that unlikely at this late stage?

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Post by waylander62 on Sun Apr 14, 2019 12:50 am

if they realise that it is close to statute barred then yes they are likely to try and get it into court

in my opinion send a SAR to vanquis straight away

how threatening was the last letter from lowell ?

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Post by Hunx787 on Sun Apr 14, 2019 12:53 am

@Hunx787 wrote:
@waylander62 wrote:yes that is quite a handy letter to have, but you really need the actual default notice which vanquis should be able to send you.

the default notice will give you a sum and a date by which this sum needs to be paid, the date when the sum needs to be paid would be the start date for statute barred as this would be the cause of action.

so it looks like around mid june

Hopefully they don't commit to any court proceedings, but is that unlikely at this late stage?

They didn't threaten anything, they just stated that "as far as we are concerned, the money is owed" - nothing threatening - a good sign? or should I not get my hopes up

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Post by waylander62 on Sun Apr 14, 2019 12:54 am

ok wait until the next letter and see what it says

definitely send a SAR to vanquis

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Post by assassin on Sun Apr 14, 2019 1:50 am

Credit card statements are ideal for this as this is documentary proof from a reputable third party that this was the last payment to them.
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