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make them aktiv runners

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Everything posted by make them aktiv runners

  1. Here http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit- If it helps, I have been threatened since before joining cag. Still waiting, however, I fail to see what they hope to achieve.
  2. I understand your first point, I can see it is not that clear to others. To add a little, once you inform a DCA a debt is statute-barred the DCA cannot then press for payment as they are breaching OFT guidelines if they do. Prior to any letter from yourself, they can "politely" ask for payment. Your last point I disagree with. Once a SB letter has been sent, the DCA cannot sell it on, neither can the original creditor as they are breaching the guidelines.
  3. Not really. If you are unhappy, you can always change it to something like "no payments have been made within the last 6 years".
  4. DCA's are known to read the forums. You need to edit out the reference numbers handwritten on BCW2, plus the number in large type across the page. For BCW3 edit out the top left hand corner as it identifies the location of purchase to those in the know.
  5. Lloyds TSB owned Goldfish until they sold it to Morgan Stanley on 17 February 2006.
  6. I have never answered security questions. Not stopped me obtaining a lot of financial information.
  7. Without getting too technical, this does need a little expansion. Legally you cannot assign the debt to anyone else, meaning you cannot force your ex to pay. Agreements usually have a condition for debtors to be denied the right to assign their laibility, or debt. Whilst the debt itself cannot be assigned, the court has made it clear which of the 2 parties must be chased first. As long as you are up front with information from the divorce, any future court action would raise a very big question over why your ex is not paying.
  8. In their eyes yes, in the legal world no. A payment would only count if they could prove it was an actual payment from you and you offered the payment purely towards the debt. A £1 CCA fee does not count, neither does any payment made by any 3rd party. On the credit file thought, complain to ICO too.
  9. I did not think regular statements were issued for loan agreements. You can ask them for a statement of account under CCA 1974. As far as Link are concerned the debt is in joint names, meaning they can chase one or both of you for repayment. If neither of you paid, they would have to justify to court why they were not equally pursuing both parties. If your divorce agreement is one certified by the court and is clear over who pays for what, I would be tempted to send them a copy and insist they chase him for payment. YW means your welcome.
  10. You have to now complain online through Consumer Direct, this then is passed to your local trading standards.
  11. Interested or not, they cannot get out of the CCA clock by returning the account to some other DCA/OC.
  12. Agree with Danny. Report their letter to OFT, it fails CPUT by providing false information. It does not matter if Aktiv or one of their 3 appointees applied the payment falsely, Aktiv are responsible for any third party they choose to do business with according to CPUT.
  13. Report it to the OFT anyway. OFT can check out the number. This is a breach of OFT's debt collection guidance. 2.1 says "it is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner. It is also a breach of CPUT "the commercial practice omits material information"
  14. Interesting. They should be fully able to prove their case. Sorry to Fuzzy, I am not buying Jaffacakes for halfwits. Then again, they can have the out of dates ones I bought at their first promised visit
  15. I wouldn't pay the postage twice for their silly games.
  16. HFwho, do not fall that that line again. When BuchananClark & Wells employ Scotcall, it is BuchananClark & Wells responsible for calling off their hounds. OFT guidelines clearly state a CCA licence holder is responsible for any 3rd party they employ.
  17. Put down whichever previously claimed to own it.
  18. Certainly a breach of OFT guidelines as they have just told you XXXX owes a debt to them. As xxxx has not lived there for at least 10 years they are certainly aware of this, xxxx is not on the electoral role at your address after all.
  19. Richard is correct, you are both reading his post as covering all situations. He has only referred to contact and the clock within the first 6 years for CCA or 12 years for mortgage. To expand upon the declining payment, an example is writing within the Limitation period acknowledging the debt but stating you cannot afford to pay.
  20. Complain to OFT under CPUT Regulations. 3 and 4 days fall foul of at least Regulation 6(1)© when read in conjunction with 6(3)(a).
  21. I do not like that reply. It maybe left forever now. The tone suggests they may write politely at lengthy intervals to avoid breaching section 40 (1). To report any further letters to the OFT as breaching their guidelines, make sure you have somewhere stated you will not be paying them at all. For others, nice to see Cabot acknowledge the Administration of Justice Act to the FSO.
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