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  1. Hi - can anybody help me clarify my position in relation to this please? On my credit file even though this debt is duisputed and stat barred - a company has purchased the debt and is filling missed paymenets against me every month thus ruining my credt score: can this be stopped, is it a legit practice? im a little unclear
  2. Thanks - I cant see them going bust though as they are a realtively big home builder and have 20-30 houses being built on my estate right now
  3. Hi, Im after some advice please: sometime ago the builder of our house came to fix problems with our downtsairs toilet and the smell eminatting from there since we had moved in, after they came out and apparently fixed the problem we still noticed the smell so again 3 months later they finally came out and advised us that the remedial fixes had in fact caused sewage to leak which had in turn damaged our carpet and lino downstairs - we had to chase them for 3 months whilst sewage was still flooding our house - I know, nice.... Anyway they came and fixed the problem 6 months ago now as the NHBC forced them too, in doing so they agreed that the carpet and lino would be professionally cleaned and returned to us - they then returned to us and said the caerpet was unretrieavable so they would pay for a new one whilst the lino had been cleaned and would be re-fitted. 3 months later (yes 3 months without carpet and lino which has in turn has caused wear and dirt to my hallway carpet) when we have again chased they have now told us they wont be replacing and they have retruend the carpets to us (which they havent). Im quite literally at a brick wall now and am thinking of issuing a ccj based upon quotes for replacing the carpet and lino and of course litigant in person fees from me and the wife needing to take time off to go to court to settle this matter: whats the verdict please, does anybody think this route will work as ive been more than patient with them and have emails to help substantiate if I have to go down this route? I have raised the matter with the police as theft but they have said its a civil dispute and the NHBC wont get involved as its over the carpets and not the building work. How do I do it if I have no other choice etc? many thanks
  4. Does this mean that they are entitled to do so? I interprit this as they can keep reporting until the account is satisfied?: They had previously stated they were closing the account (as per notes on this thread) and giving it back to halifax - yet its the Cap name on the default on my cred file Thanks
  5. I have just today been checking my credit file, and this issue has re-surfaced (I have started another post which I will delete). My credit file since this problem has been showing as D every month (default). Effectively ruining my credit rating/score: any suggestions please?
  6. Hi, I just wanted to update this thread with some advice, what has happened and some golden rules from my own experience for anybody else in a similar scenario: First of all - all bar one of the creditors has been settled and the last creditor is ignoring me - the actual debts were in the region of 50k, after initial cca's to them all only one from 6 replied with the orginal cca. I kept on sending rec delivery letters asking them to write the debt of as they hadn't proved it and therefore the estate wasnt liable - most did after initially still insisiting liability from the estate. In a few instances I offered 10% to clear one debt as it was unproven and another i argued that even they had provided the cca request I thought the charges on the account over the past 6 years were wrong and asked them to look at them again based on the fact that my father had been mis-led etc with this account (even though proven by cca) this was settled for 50% of the actual debt which I offered to save them all the extra work that my complaint required I assume. The advice on here was greatly appreciated and now my mum will soon be mortgage free - thank you so much. For anybody dealingw ith berearvement reading this heres what helped myself: take the advice on here do not phone any creditors do not assume the debt is liegit because you have a demand, everything must be proven otherwise you are not doing the executor job correctly ask everybody to prove it, prove it, prove it be agressive if they cant prove it, ie its unrpoven so its not a liability be cheeky, this saved the state 1000's in my case "given the circumstances" creditors listen to cases you build and offers you make if a debt is more than 10 years old (ie credit card taken out 10 yrs ago) keep challenging the legitimacy of the original agreement NEVER JUST SETTLE THE DEBT Thanks all
  7. Thanks, yes thats what i was thinking to be honest: I will only pay proven debts - this is still unproven. Thery have said they will NOT pursue court proceedings - my only concern now is that I will be harrassed by them as theyve said that theyre not taking this issue to court but then again they arent writing off the debt
  8. Hi - I have had a final letter today confirming that the company whom claim that the debt is owed to, saying that they cant fulfill the cca request but as the account was active - ie being paid off then I have to make settlement with them: what should I do now please? where do i stand if i refuse payment? should i offer a token payment to clear the debt etc or refuse on the basis that the debt is unproven in my eyes (which it is). Is it worth me posting the reponse up on here. I quote one element: To reitereate the information in this letter, we are currently unable to comply with Mr X s78 request and as such we will not issue ourt proceedings to recover monies owed. Im a little confused now Thanks
  9. I think these people may have entered a years worth of missed payments on my credit file in the past couple of years: can they do this? I had no payment schedule etc as the debt is stat barred
  10. Ive just had an afterthought - about 5/6 years ago, my mum and dad received a letter to their house for me from these people (no forename just addressed to a surname). I think my dad either phoned or wrote to them telling them he didnt know were I was living (he's passed on now so I cant check) - does this impact me in anyway?
  11. Is this what should be sent? THIS DOES NOT CONSTITUTE ACKNOWLEDGEMENT OF DEBT Dear Sir / Madam For the purposes of clarity and the avoidance of doubt, please take careful note of the following: 1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent. 2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise. 3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred). 4. I am sure that you are aware that the OFT’s Debt Collection Guidance states, at paragraph 2.14(b), that it is considered unfair to pursue a debt where the debtor has not heard anything during the limitation period (which, even if this were my debt, I haven’t). 5. The same guidance also states it is unfair to mislead a debtor as to rights or obligations. It gives a specific example of implying or stating that the debt is legally recoverable. I enclose a copy of the letter sent by yourselves which engages in this very practice by threatening debt collectors and, worse, that a judgement will be sought against myself. 6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you that, even if the debt were mine, I would not pay it. 7. I am sure you are aware of the provisions of the Administration of Justice Act 1970, specifically s. 1, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst s. 3 of the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable. 8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed). 9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property. I presume that you can put all the above together, but to avoid doubt please be advised of the following should you pursue this matter. For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass. Any further communication requesting or demanding any sums of money or other property or chattel to be paid in relation to this alleged debt shall result in a complaint being made to Trading Standards as well as your activities being reported to the Office of Fair Trading. Should such action continue, I shall deem it to constitute harassment and will have no hesitation in seeking the intervention of the courts. Be aware that any action shall also include costs. I trust the above is perfectly clear and I now expect you to confirm promptly, in writing, that you have closed this case and that no further action will be taken. Yours,
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