Audioboxer, I'm please you are determined to pursue VM on this one. It is after all the retailer who is legally responsible rather than the manufacturer so you shouldn't have to approach Samsung. Please keep us updated with progress.

The basic noddle service is free, but the credit 'monitoring' subscription bit isn't (I think it's 20 quid a year). The code they have sent out seems to be generic rather than tied to a particular account or a single use, I've just used it on my noddle account and on my girlfriends noddle account to activate the monitoring service on both without any issues.

Thanks for your reply. I dont have a scanner, but I do have the copy of the judgement and particulars of claim that I requested from the court when I noticed the CCJ on my credit file... The judgement (dated 3rd April 2009) states: You have not responded to the claim form. It is therefore ordered that you pay the claimant 226.00 for debt (and interest to date of judgement) and 25.00 for costs. You must pay the claimant the total of 251.00 by 2 May 2009. The particulars of claim are as follows: We are a private parking company who holds a contract with the owners of the land to issue parking tickets to drivers not abiding by the terms and conditions which are displayed on site. On 23/11/2005, Mr parked vehicle reg in without displaying a valid permit. The case was handed to a debt collections agency who also failed to obtain payment. The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% per year from 23/11/2005 to 06/03/2009 of 26.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.02. Amount adjusted including interest: 226.00 Amount claimed: 226.00 Total costs: 25.00 Court fee: 25.00 Sub Total 251.00 Solicitors cost: 0.00 Paid before judgement court/claimant: 0.00 Total: 251.00 Total: 251.00 Date of issue: 13 Mar 09 Installment: Date of service: 18 Mar 09 Date of judgement: 03 Apr 09 First payment on: 02 May 09 Registration date: 03 Apr 09 Order posted: 06 Apr 09 Please let me know if there is any other information you need. Thanks

Hi All, I have a CCJ from OPC which was issued by the court in default in April 2009 for an alleged parking violation in a private car park in November 2005. As the papers and judgement were all sent to an address I moved out of in September 2006 I did not have an opportunity to submit any defence at the time. I became aware of the judgement in default in May or June 2009 when it appeared on my credit file and contacted the court at the time to request details and an N244 form. Unfortunately, due to events that occured in my life shortly thereafter I had a breakdown and did not feel able to deal with this issue at that time. These issues have long since been resolved but I'm concerned that if I were to apply for a set-aside now the court would consider I have not acted in a timely fashion and will therefore reject my application - we are talking about a two year delay after all. Nevertheless, I feel angry and dont want to let OPC get away with what they have done - especially since they waited three and a half years to take the matter to court, almost certainly in the knowledge they were likely to get a judgement in default. What do people think? Am I too late to get this judgement set aside? Do I stand any chance at all? Thanks

Hi yourm9, Just wondering whether you made any progress with regard to getting cap1 to remove the late payment markers? I'm in the early stages of a claim with cap1 and to be honest I'm more concerned with getting the 4 months late marker from two years ago removed than I am about the charges involved as it's about the only negative left on my credit files now. My account with them is currently still open and up to date so no default in my case, but it does mean that if i was to close the account today, the late payment markers will stay there for a further 6 years riverstyx

Hi Nova, Ok, well having sent a letter recorded delivery to the address I gave you, royal mail were reporting it as delivered but were unable to provide an online signature. However, this morning I received a reply from DML (they've apologised for chasing the statute barred debt and advised they have now passed it back to aktiv kapital so I'll now have to chase them for an assurance that they will write it off now and not try and sell it on again) Anyway, just thought I'd let you know the Hope Street address does seem to work. Martin

No Worries, I sent these monkeys a recorded delivery letter on Thursday to the address I gave above (see my thread - debt managers ltd / call serve for details) so I'll let you know on Wednesday whether the Royal mail site provides me with any delivery confirmation / signature for that one... Martin

Yes, and ensure you send it with the current account number that cabot have provided, as it *may* make it more difficult for them to track down the original agreement, and in any case you don't want to be providing them with any new information that they may not already have..

Yep, I'm in much the same position right now, although in my case the DCA concerned have admitted verbally (and I have a recording of the call to back this up) that the debt is indeed statute barred and hece unenforcable, but that they intend to carry on writing letters chasing the payment anyway! I sent a letter recorded delivery on thursday (see my thread debt managers ltd / call serve) advising that I have already submitted a complaint to the OFT following the above telephone conversation, but that I would take this complaint further if I did not receive confirmation that the matter was closed, or if I received any further letters chasing the debt. The main thing I think is to keep a copy of your letter, and the proof of delivery indefinately, as it is entirely possible that they will stop chasing themselves, but then just sell the debt on again and you may end up being contacted by someone else months or even years down the line. Of course if you do continue to receive threats from them, then a complaint to the OFT, their local trading standards, and maybe even a court claim for harassment may be the way to proceed, or you can just ignore their letters knowing full well that they have no enforcement options available to them...

As babybear said, I would definately contact the bank to find out what action they have taken if any other than the clawing back of the dd payments. With regard to the court claim, I would say you should provide a detailed defence to the court at this stage, as this gives the insurance company the option of backing off now and avoiding the court case, it is also likely to be looked upon much more favourably by the judge if you have submitted a proper defence at this stage, rather than just introducing everything when you get to court. You may also wish to request that proceedings be moved to your local county court in order to avoid having to travel too far. I assume you did not need to make any claims on this insurance during the period where they may 'allegedly' have actually been providing cover? Also, if you were forced to arrange alternative cover and/or did not actually rely on the cover this company provided given that they had not supplied you with any certificate of insurance, it would probably be worth including evedence of this in you defence too. Again, I'm no lawyer, and I'm sure others here will either back me up or point out if I'm wrong, but this would seem the best common sense approach to me at this stage. Hope this helps...

Hi Jogra, I'm sure others will be able to advise you better than I can on your best course of defence, but it may help if you can post details of how they have worded their claim (obvioulsy removing any personal details). Also, you mentioned you'd had a lot of writted comminication with the company concerned, do you still have copies of all the letters both sent and received, and do you have proof of posting, or proof of delivery, or correspondance from the company acknowledging receipt of any of the letters which you think might be important as part of your defence? As I said before, I'm sure others will be able to provide better advise than me (and I'm sure you'll have some more replies pretty soon), but it will definately be easier to advise with a little more info. Good Luck Martin

Hi Nova. Might be too late now, but the address details I obtained from companies house for Debt Manglers is:- Debt Managers Ltd 12 Hope Street Edinburgh Midlothian EH2 4DB

Hi gymfreak, Having read your thread, I would seriously suggest more focus needs to be given to the serious breach of the data protection act that has occurred. If I understand correctly, this guy disclosed details of your alledged debt to your parents before you got home (please correct me if I misunderstood your original post). I had a similar situation about 10 years ago now. I had defaulted on a credit card to the value of approx 5000 quid after losing my job. The debt was passed to a DCA and they wrote threatening letters to both myself and my partner. My partner had held an additional card on my account, but the account was solely in my name, so it was a breach of the DPA for them to disclose details of the account to her (she was actually fully aware of the situation but really that was totally irrelevant). I wrote to the original creditor, threatening them with legal action, press involvement, and an official complaint to the data protection controller for breach of confidentiality and they swiftly decided it would be better for them to write off the debt than face having the issue made public. All of the advise given by others with regard to making CCA requests etc are very valid, but I would certainly be inclined to try making a huge fuss over the breach of confidentiality and see where that gets you... Hope this helps, Martin

Personally, having been dealing with a similar situation today (debt dating back to 97/98 in my case, although not a bank account) I took the decision to try and deal with it as statute barred first, on the basis I could always do a CCA request later if needbe, but didn't want to do the CCA first in case it turned out I'd had correspondance with them less than 6 years ago (was pretty certain I hadn't heard from them in that time, but not 100% certain). I felt my CCA request might then be perceived to extend the statutory period for a further 6 years if that had been the case. Not sure if my reasoning was correct, but it made sense to me and seems to have had the desired effect (they've admitted the debt is indeed statute barred, although currently they're saying they still intend to chase it!!!) Hope this helps... Martin

Well, I've been lurking around on these forums for several years now but never posted before so perhaps it could be argued this is long overdue. With the help of these forums and others, I've managed over the past couple of years to scrimp, save, pay, and negociate settlement of all my debts and I've now been debt free since last autumn, or at least that was what I thought. Then, out of the blue, I start getting letters from 'call serve' requesting payment of a £245 debt which dated back to about 1997 originally, which I think was defaulted in 98 or 99, and for which I've had no communication for years, so back to the forum to do some more research. Well, I was going to hit them with the template 'statute barred' letter, but I've been off sick this week and decided I'd use today productively to try and resolve the matter over the telephone. So, ensuring I both recorded the conversation, prepared carefully exactly what I wanted to say, and stating categorically right at the beginning of the conversation that I did not and would not acknowledge this debt, I called call serve who's most recent letter had threatened legal action if the debt was not settled within 7 days. Having advised them that that I was fully aware as they were that the debt was statute barred and having advised them that if they continued I would be raising a claim for harassment, they quickly decided they would be passing the debt back to their clients 'debt managers ltd'. Next then, was a call to 'debt managers ltd' to make my views very plain to them too, after putting me on hold for a while, they also admitted the debt was statute barred, that there was no enforcement action they could take, but were adament that they would continue writing to me anyway and could only make a note on the account that I would consider any further letters as harassment. So, I called the oft, made a formal complaint and must say I found their helpline extremely helpful. I have now sent the following letter recorded delivery and will await their response with much anticipation as the oft have agreed to take the matter up on my behalf if I do not get a satifactory response. Really I just wanted to share my experiences with the rest of you, and provide a copy of the letter I sent on the offchance it might be useful to someone else who finds themselves in a similar position. I'd also like to take the opportunity to thank all of you on this forum for the assistance you have provided me, albeit whilst being unaware you were doing so. A copy of the letter I sent is included below, and I hope it amuses you all as much as it does me.. We've just gotta keep trying to put these debt collection people in their place and make them understand we won't all let them walk all over us ----- Debt Managers Ltd 12 Hope Street Edinburgh Midlothian EH2 4DB Administration of Justice Act 1970 Dear Sir/Madam Account Number: xxxxxxxx Further to the recent letter from your agents 'call serve' threatening legal action, and my telephone conversations with them earlier today in which they advised they were acting on your behalf and would now be passing the debt back to yourselves, I had a telephone conversation with one of your agents this afternoon (Kelly) who confirmed that this debt is indeed statute barred but advised that you would continue to send letters requesting payment despite being advised that I would consider this as harassment. I wish to advise you that I have lodged a complaint with the OFT and would again like to draw your attention to OFT664 Debt Collection Guidance which clearly states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. In addition, the guidance states “it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions” which is exactly what your agents have done in their recent letter by stating “Failing settlement of the debt within the next SEVEN DAYS we will request our clients authority to commence legal action and it will be our intention to enforce any judgement given” and “It is in your own interest to pay your account now and avoid legal proceedings and any additional costs” I therefore formally request that you confirm in writing to the above address that this matter is now closed. Should I then receive any further correspondence relating to this debt after the above confirmation, or should you fail to provide this letter of confirmation, please be advised that I will again pursue the matter further with the OFT in an effort to have your licence revoked and will make available a transcript of the call recording I made of today's telephone conversations, along with all correspondence send by yourselves and your agents. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account following said letter of confirmation. I look forward to your reply Yours Faithfully ########