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blue_eyes777

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About blue_eyes777

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  1. I've taken your advice. AD were great. They're replacing the machine with a brand new one at the same price and refunding the delivery charge. Thank you all!
  2. Thanks. I've actually talked to the CAB and they have referred it to Trading Standards for being an unsafe or dangerous product as the casing is open. AD, the supplier insisted it was cosmetic damage - let's see what Trading Standards say.
  3. Hi all, I purchased a PAC from Appliance Direct for £239 - some £60 below the brand new version for an A3 grade PAC. It arrived Saturday and I unpacked last night (filming it) and found that the casing was cracked and a line of tape covering some of it. I have attached photos before. I have informed AD and rejected it - yet to hear from them, but the original product page said that A3 grading was "moderate exterior damage". Who thinks a cracked case in an air conditioner is safe and whether it is reasonable to sell a product like this and class it as "moderate exterior damage". I expected dents or scratches perhaps, but not a crack as shown. Surely this is unacceptable?
  4. Indeed as though there is a claim number, no documentation exists. It is actually a fascinating case. Though I will still have to decide what to do if MC start threatening me...
  5. "Do you know if permission was sought with your Mortgageproviders ?" I very much doubt it as I wasn't asked to seek permission from my lender and I am sure that they didn't approach me as I have never heard from my lender on the subject. So it could be that this has fallen foul of the lender requiring consent. Also - your links are fascinating - this in particular, though I am not sure that this is applicable to me as this was about a mortgage: "Therefore, as more than 12 years has passed without acknowledgment or payment, the whole of your client’s debt is statute barred. The debt purchaser’s rights to repossess are statute barred and its rights under the secured agreement are extinguished. The fact that the debt is statute barred does not mean that it does not exist and does not, in law, stop the debt purchaser trying to recover it by any means other than court action. The debt purchaser is, therefore, entitled to pursue the debt by any legitimate methods that do not involve court action. However, as there had been no contact with your client for more than 12 years, under 3.14(b) of the recently revised OFT Debt Collection Guidance, it should not continue to press for payment once your client has said she will not be paying the debt. Continuing to pursue the debt in this situation could amount to harassment under s40(1) Administration of Justice Act 1970." Mine was not a judgement debt - it was voluntary of course - so perhaps my case is a new one of its type. There doesn't seem to be a precedent,case/statutory law to help me decide!
  6. "A copy of the original credit card agreement is not enclosed as it is not held electronically or in a relevant manual filing system. If it is held it will be in a manual format in a non relevant filing system (as defined by the UK Data Privacy Laws). HSBC is satisfied its search procedure meets the Information Commissioner's guidance." From HFC Bank,22nd March 2019.
  7. Just heard from a lawyer that I consulted with last week before I posted here and they are still looking at the situation - but the colleague I spoke to briefly - now seems to think that MC could still take me to court and enforce the charging order before the 12 years expires and then after this time enforce it against me. She felt that the charging order means that the debt cannot be statute barred even though the CCJ may have been set aside! Now she did say this was following a brief review of the documentation I sent over - which you've all seen - and they would get back to me later in the week following a full review. I totally feel that you guys are right as you are so experienced in this type of thing, but how would you rebut what she said?
  8. Thanks Andy - you have been telling me that. Now that I know no records exist anywhere and Weightmans may or may not come back to me, (but cannot see them admitting reneging on our agreement) I can rest easy knowing that MC cannot do anything - it is just bluff and bluster. Thanks to all of you guys - especially Andy and DX for magnificent and patient help.
  9. Right - so I can just sit tight and ignore rather than prod the bear.
  10. I just spoke to an advisor with my claim number and he said that there is no record showing and that there wouldn't be anywhere as years have elapsed. With this being the case, would this mean my case must be statute barred as no enforcement action has been taken through the courts since 2007 and no acknowledgement of the debt being made between 2011 - 2017 (provable with my DSAR). Possessing the evidence that Weightmans have told me that they will set the judgement aside - and no evidence of this seems to exist one way or the either, I can prove that there WAS a judgement, that was supposed to be set aside and no enforcement action has been taken. As MC would not be able to root out any evidence either, if it came to court, my documents from a firm of solicitors would surely prove on a balance of probabilities that it would have been set aside, the clock started ticking then and now it will be SB. After all, surely Weightmans would have threatened me with something if they had a CCJ and I was ignoring them? Shall I continue to sit tight then and ignore...?
  11. I have just called the trust and they told me that there no records over 6 years old available and that nobody, neither creditor, debtor would be able to find out this information. I emailed Weightmans on Friday to ask them to confirm the CCJ being set aside and hope that I will get a response otherwise I will never know. Is there anything else I can do to find out for sure?
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