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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Barclaycard / Lowell


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This is an interesting one:-

 

I have a letter from them today offering me a 75% discount on an alleged debt of almost £3,000.

 

It actually states this at the bottom of the letter:-

 

"you should be aware that the period for recovering your debt by court action has expired,

so we will not be issuing court proceedings to enforce payment.

However, your debt still exists and legally we are within our rights to continue to ask you for payment"

 

Is this true?

can they continue to ask for payment?

 

 

can I stop them sending me begging letters?

 

Cheers,

Flappy

 

I would like to add the alleged debt is still on my credit file with a default date of November 2009,

six years are not up until November this year unless they have an actual date of last payment made?

 

The card was taken out in Scotland which is 5 years from SB, but I assume still enforceable in England?

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Hi,

 

Once you have informed them in writing this debt is statute barred and you will not be paying it they then must stop contacting you for payment.

In Scotland after the 5 year period the 'debt' no longer exists so they have nothing to chase.

 

I believe you can complain to your local Trading Standards if they continue to hassle you.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi,

 

Yes your right as you no longer reside in Scotland the 6 years will apply, even so the The Financial Conduct Authority (FCA) state...

 

a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 Rule

 

 

"It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired." 7.15.7 Guidance

 

 

"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." 7.15.8 Rule

 

 

You can make a complaint to your local trading standards department, who can look into your case. You can also complain to the FCA, as they can look into companies’ behaviour, even though they cannot deal with individual complaints.

 

 

You would have to write to them stating the debt is Statute Barred and you will not be paying it.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I am still a bit confused, they have often wrote to me so I guess that is still in contact?

 

Are you saying that because the debt was taken out in Scotland and I have not paid for 5 years then in theory it is statue barred? I don't want to write to them incase they have made a mistake, I will just keep ignoring until the default date is passed 6 years (unless i know i not paid within the last 6 years)

 

Cheers,

Flappy

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Send them a Subject Access Request, this will let you know the score regarding any payments made on the account and when you made the last one.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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if the account was opened when you resided in Scotland

then its 5yrs

and the debt is extinguished totally

 

 

only a claimform or decree can stop the clock

or your signed written ack on a letter

or a payment

 

 

I would not be writing to anyone

simply invites letter tennis

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx,

 

That is interesting and thanks - because the other items I have on going issues with was opened in Scotland also, and they are over 5 years.

 

I just thought now in England they could collect upto the 6 years.

 

Cheers

Flappy

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no within 5yrs

 

 

actually it might pay you to write to these people sorry

 

 

tell them the debt was taken out whilst resident in Scotland

and thus is now statute barred

 

 

under the Scottish SB rules the debt is now 'totally extinguished'

 

 

gone dead parrott

 

 

and they cannot even chase it.

 

 

it does not exist

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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matters not

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dx,

 

I had this come through earlier before I contacted the forum:

 

Received:

As you are living in England the English limitations period would apply. Most debts become statute barred if there has been a full 6 years since you defaulted on the debt and you have not made a payment towards it (anyone else liable for the debt must also not have paid it), you have not acknowledged the debt in writing and a county court judgment (CCJ) has not been made against you.

 

This information was from the Gov Debt helpline.

 

Thanks,

Flappy

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I could be completely wrong.

 

But you were resident in Scotland when the contract was made, surely that means the contract is bound by the laws of Scotland and not England and Wales.

Not aware (but could be wrong) that jurisdiction can move unilaterally on a contract.

 

Which if so, would make it 5 years to SB Which it appears the DCA have interpenetrated.

 

Im as ever always willing to learn I am mistaken.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Flappy,

 

I am also unsure whether the SB date is 5 or 6 years.

 

What may, however, be relevant is the date you last paid toward the a/c, or you last acknowledged owing on the account. THIS is more relevant to the SB date, tan the Default date shown on CRA files.

 

Do you happen to know when you last paid ?

 

Lowells have already said they can't take recovery action so I would ignore them for now.

 

:-)

We could do with some help from you

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Hi Slick,

 

I don't know when it was last paid, I thought best to not ask for a SAR and as Dx say's get into exchanging letters and making the account live, also I don't want them looking deeper into the other accounts they have of me, they may think I know what I am doing and take action if they can on them before the SB period.

 

Cheers,

Flappy

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Hi Flappy,

 

Yes, stay quiet for now but let us now of any developments.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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it IS the where you signed the agreement.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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