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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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lending stream/PRA and defaulted date.


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Hi There

 

I have recently recieved a letter from PRA group regarding an old payday loan i took out with lending stream back in March 2010,

 

which it says is the date of loan agreement on the letter.

 

Am i right in saying this debt is now statute barred?

 

Do i contact PRA group at all or do i just ignore the letter?

 

Thanks in advance

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Possibly - It all depends if no payment has been made etc on this debt within the last 6 years (5 if Scotland)

What do you know of this. We need more info to go with this one.

 

We could do with some help from you.

 

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Receptaculum Ignis

 

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No payment has ever been made on the account.

 

I have looked over old emails and last correspondance with lending stream was in january 2012 asking for repayment and myself saying i couldnt afford to re pay the balance.

 

The letter from PRA group says there is balance of roughly over 1000 pounds and there is another letter attached saying they would accept 300 pound as full payment which is strange.

 

Thanks

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  • 5 months later...

Been looking at my credit file and trying to clean it up as buried my head for years over old debts.

 

I had a loan from lending stream early 2010 and they are claiming i owe over £1000 just noticed its still on my credit file coming up as PRA group.

 

Also had a letter from PRA group few months back offering massive discount on the above which i have ignored.

 

i have had no correspondance with either lending stream or PRA ever over this loan as buried my head

 

I was wondering with it being well over 6 years should this still be on my credit file?

 

I thought that it was 6 years from the default notice which is no more than 3-6 months after the loan agreement which i have a copy of.

 

If i am thinking right how do i go about getting this removed from my credit file?

 

I have my dates wrong it wasnt early 2010 in was late 2010 but still over the 6 years.

 

On my clearscore account it says PRA account opened 5th sept 2010 and also says last updated 5th jan 2016

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have you moved since taking this out?

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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What do you mean what is the defaulted?...its says PRA group and the amount of over 1000 pounds..it says account opened 5th sept 2010 and last updated 5th jan 2016.

 

No i havent moved and

 

funny enough i received another letter from them today when i got back from work.

 

Thanks

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defaulted date

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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old and new threads merged

please keep to one thread per debt.

 

if you've paid nowt in over 6yrs its statute barred

 

but it wont fall off your file till the defaults 6th birthday

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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Looking through my emails i have received no notice of default from lending stream or through the post.

 

I have read somewhere that the notice of default can only be 3-6 months from the loan agreement is this correct?

 

If so it should be off my credit file..and how do i go about removing this from my credit file?

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that used to be the case

but the ICO changed their guideline in 2013/4

why do you need it off your file?

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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:!:

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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really? and you never paid anything?

 

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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then i'd be complaining about that to lending stream

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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Share on other sites

Should i ask lending stream to send me the date of the notice of default as surely its the oringinal creditor who issues this? And would they not just point me in the direction of PRA and say the debt is sold?

 

One thing i am confused and worried about is if i contact a creditor and acknowledge a debt does this reset the SB date? Or is it as you have mentioned only if i make a payment?

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cant reset anything.

OC placed the default

OC should rectify their error

 

give them 14 days to correct the default date which should have been registered 3-6mts of last or failed payment

those were the rules issued by the information commissioner office that were inforce at the time.

 

should they fail to correct the defaulted date

you will without further notice start a complaint to the ICO

and will be seeking financial compensation

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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