Yes I understand this..... but if a debt is truly Statute Barred then there should be no successful legal action that any company can take against the alleged debtor. Because, as you said, it is a full defence. Thanks for clarifying your point for me though, much appreciated. Cheers. UF

Yes I know that DCA's do take SB debts to court.... but the Limitation Act means that any court is barred from enforcing the debt. I just wondered what the legal action that vjohn was talking about was.... because if there can be any enforcement through the courts on a SB debt then there is a massive gap in my knowledge. Cheers. UF

Consumer Credit Act does not apply to overdraft facilities and so you cant send a cca request. No doubt people with more knowledge on what you can do will be along soon. Cheers. UF

I'm interested in what action this might be? As I've never come across any Statute Barred debt that could be actionable through court? Cheers. UF

I have never interpreted the Act as saying that; as far as I know, as soon as any DCA in the future provides the relevant documentation, the debt once again becomes enforceable. I think the courts would be very loath to imply any other interpretation. Also, if it were the case that if the first DCA was in default of the request then no other DCA could bring an action, then very few claims through the County Court would be successful.... and as we can see this is not the case. So, whilst there is every chance I am wrong, I still think that as the law stands, once the paperwork is presented to you by whatever company is currently chasing you; the debt becomes enforceable.

Hi, had you in my thoughts today! Hope everything went well and you can report back with good news!! All the best. UF

haha I've done that before lol

I don't think so...... that quote is by the OP wishing to fight PayPal

I wonder what gives them the right to look at your credit file in this way? If I apply for credit, they have to obtain my permission to look at my credit file. I know of no person that has given their permission to a DCA to do this. Are they not in breach of some legislation and/or regulations/guidelines etc by doing this? I would be writing a letter of complaint to the information commissioner I think!!

Hi, yep that's the one lol. The more I read about these appeals, the more I dislike the system! Cheers. UF

Hi and good luck for tomorrow!! Unfortunately the whole ESA setup seems to be one huge lie designed to kick those that can least afford it either health wise or financially!! I cant advise on the questions you raise because I'm afraid i don't know the answers! We are still awaiting a date for my fathers appeal; but we too are now under the impression that the outcome is a virtual certainty - even though the man can hardly walk!! But I shall have you in my thoughts tomorrow! Please let us know how you get on. Cheers. UF

I was actually thinking more about the fact that their T&C's appear to imply that in the event of a dispute being raised by a buyer, PayPal are free to act as Judge and Jury and award in favour of the buyer regardless of any evidence presented by the seller that proves that the seller had, in fact, completed his obligations under the contract of sale; and that the seller would be liable for any money removed from their account for such reasons by PayPal. On that basis, I feel that the terms that imply this could be in breach of the legislation I spoke of earlier. This has nothing to do with third parties recovering the balance; I am afraid you have misread my posts. Surely if my thoughts are correct, then I am not posting anything irrelevant to the thread? Nor am I hijacking the thread! I was merely attempting to offer another point of thought for the OP in his quest to deal with this issue. If you read my first post in this thread, you will see that I have already stated that the DCA has every right to attempt recovery of a debt, if that debt is in fact owing. Again showing that what I am speaking of has nothing at all to do with the third parties issue; this issue is set firmly in law and I understand this. I do not feel that asking for other members thoughts on the points I have raised is wrong either, as the more opinions the OP can get, the better position they will be in to make a decision on where they go next! Please read my first thread again and you will see what I am saying! Many Thanks. UF __________________ I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

haha looks like you got in just before me lol. Anyone would think we were London Busses Cheers UF

The cca request letter is below. Remember do NOT sign it and always send it by recorded deliver. Keep the receipt and all other paperwork safe. Hope this helps. Cheers. UF __________________ I am a first year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. If you are in doubt, always seek professional legal advice from a qualified lawyer.

You'll always get help and assistance here, no matter how many times various members have been through the process!! As Silverfox says, we all started here at some time.... and pretty soon your knowledge will grow and you'll be helping the next new members!! At the end of the day, it is the experience gained by going through these things numerous times that makes the forum great! Good luck in all your endeavours. Cheers. UF

If you start your own thread, there will be plenty of people to help you. Generally I always make a cca request to ensure that any company asking me for money has a legal right to do so. If you start your own thread, you will be able to keep it updated with developments and get any advice you need. I'll keep an eye out for your thread and post up the cca request template letter in there for you. Cheers. UF

Can you scan in the "agreement" you have received and post it up (delete all personal details) please? I would recommend using photobucket or something similar. That way people can have a look at it and see what you are dealing with. Cheers. UF

Although I definitely want to do more reading on this matter... what are peoples thoughts about these T&C's in relation to the Unfair Terms in Consumer Contracts Regulations 1999? The contract's for PayPal are definitely "Standard Form" and as such, none of the terms have been indivisually negotiated. If PayPal's T&C's are saying that their decision is final and that they do not need to act reasonably and there is no appeal process; then I would think this is creating a substantial inbalance in rights and this would be to the detriment of the consumer. On this basis, I think such terms might be considered as unfair and, as such, not enforceable. However, I am not an expert and I might be miles off track and entirely wrong. So please do not take this as fact. I would be interested to hear what others think though? In the meantime, I'm going to go and do some more reading. Cheers. UF

Quite right; I apologise for that typo!! It was getting late and I'd had my head in books all day.... my head must have been slightly fuzzled by that time Cheers. UF

Also I'd definitely be complaining to the OFT about their demands that you provide evidence that you do not owe the money!! I really think that's well out of order! I've had similar demands from a certain Mr Carter in the past... and he was also told swiftly where he could put himself and his stupid demands!! Cheers. UF

Hi, I've had problems with PayPal in this manner before; and I am currently doing research to try and ascertain whether the terms and conditions on which they base their claims are, in fact, enforceable through the courts. However, the Wireless Telegraphy Act 1949 is no longer in force; it was repealed by the Wireless Telegraphy Act 2006, s 125(1), Sch 9, Pt 1. If they are acting on behalf of PayPal then they will be entitled to persue the matter and issue a claim; but only in the name of PayPal. If they have bought the "benefit" of the alleged debt, then this would be under an absolute assignment within the meaning of the Law of Property Act 1925. This would give them lawful right to pursue the alleged debt through the court in their own name; but only to recover any outstanding balance. They would not be able to sue for damages resulting from any breach of contract. The first example is a common law exception and the second a statutory exception (recognised by the courts) to the doctrine of privity. These common law exceptions are recognised within S7(1) Contracts (Rights of Third Parties) Act 1999; which allows that the Act will have no effect on any remedy available to third parties, outside the Act. This being said, I will continue to look into the terms and conditions that PayPal purport to be relying on because they seem very harsh to me. How bl**dy cheeky are these lot though? Demanding that YOU provide them with evidence that you don't owe the money!!! I would write back to them and in no uncertain terms tell them that you do NOT believe you owe the money and that the burden of proof falls directly and entirely on them, as they are the ones making demands!! Hope this helps. Cheers. UF

Super! Now just sit tight and keep us posted of any developments! Cheers. UF

Remember not to sign the letter. And if possible, send it by recorded delivery. I never bother to send letter's to specific department; and usually go straight for the head office. But this is a personal preference thing, I suppose. Hope this helps. Cheers. UF

OK. You really have two option: 1- reply to the letter. 2- sit tight and wait for their response to your cca request. I personally always favour the option of responding (although I know many members take the opposite view) and to be honest, both approaches have their own merits and benefits. I only reply so that I can show, should the matter reach court, that I have always kept open the lines of communication. This can, in my opinion, help to demonstrate that despite their contentions otherwise, I have always been willing to cooperate and endeavour to settle my debts. I think if it gets to court, the cleaner my hands are, so to speak, the more favourably the court may look upon me. If I were in your position, I would probably write to them detailing firmly that your situation has not changed and that you have not been in a position to repay the alleged debt in full. I might also offer to continue payments that I could afford; and might begin to pay these to them (even if they declined my offer). Again, I say this because it shows a willingness to cooperate and demonstrates that I am not trying to hide from or avoid my debts. This is, however, merely my thoughts and there may be other members (indeed members with far greater experience than myself) who might advise otherwise. If you need any further help, just yell. Hope this helps. Cheers. UF

No problems! Always enjoy discussions such as this.... you never know what pearls of wisdom might appear from it!!