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DINAH1

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  1. Have noe received a reply from HF with no mention of my letters to them. This time they say that they are offering a reduction in the money supposedly owed if ipay before a certain date. They actually deduct 50%. They go on to say that if I do not pay this reduced amount by a certain date and if their client (Robinson Way/Paragon) are in the process of applying for a charging order then the offer will kot be available. They then ask that I call them as an alternative settlement figure may be available!!! They still list a court and an a case number although I have not had any judgment from a court whatsoever and in all my letters to them have said that I do not acknoledge the debt at all. Surely this is now harrassment, they have not sent me anything to prove this debt is mine??
  2. I have heard nothing from Paragon in probably over 6 months and prior to that they would contact me on the phone (my old mobile, which I have now changed) or at work. There has been no written correspondence from them since 2006 when I moved house! I would assume though any notice of assignment would have been sent to me at my new address though if one exists, particularly as HF have the new address! I shall do as you say though, send the letter and enclose a copy of the original one I sent. I spoke with National Debtline again as well and was told like you say it's up to them to prove its not statute barred and not up to me to prove it is. They also said that if this was to be the debt I have transferred from Paragon then I would also have to contest the huge increase it what they claim to be the owed amount but only after they can prove the debt is still relevqant and have sent me a copy of the original agreement...does this make sense???!
  3. The thing is I do have an outstanding debt to Paragon which I pay every month by postal order - an agreed amount. There's no way to see if this is the same debt and Paragon have just passed it on (although why I don't know) and if they have the amount I owe and HF are claiming differs now by over £8,000. I don't want to check it with them because then of course I have spoken to them directly. Also I have never received any notice of assignment!!
  4. sounds pretty good...should I expect some correspondence from the court as they say they have issued legal proceedings and are apply for a charging order for an order of sale
  5. you don't think I should just resend what I originally posted whilst making it clear to them I did reply?
  6. Received a letter last month from Horwich Farrelly acting on behalf of Robinson Way claiming I owed money to RW (ex Paragon). Whilst I did have a loan with Paragon yonks ago, I owe no money to RW and the account ref shown is completely different anyway as is the amount which they have as £4,500 more. The letter stated that HF were going to apply to the court for an order under CPR 22 r10 to vary the rate of payment??!!! It also said that according to their records I owned my own home and that they may also apply to the court to secure the debt against the property. This letter was addressed to me under my previous married name. There is no link between that and my new married name whatsoever so I am amazed that they know I own property (with my new husband) and can only assume they are guessing this. Anyway, I replied with the statute barred letter, unsigned but printed signature that I sent recorded delivery. They received it the following day (I checked the Post office website) yet today I have received another letter saying that I have failed to contact them and legal proceedings have now been issued against me! And that they intend to apply for to the court (and they list a court) for a Charging Order so that their client can apply for an Order of Sale. It finishes by asking me to contact their litigation department to resolve it (which I have no intention of doing). Should I send the same statute barred letter again and also enclose a copy of the original one I sent to refer to as well as the tracking number as proof of original postage. And are they being serious when they say legal proceedings have been issued as I have had absolutely nothing from Medway court and also don't owe RW any money. I did call the national debt line who have told me that when a debt is purchased by another company the debt basically voided anyway as it has been passed on and I do not have any agreement with RW or HF. PLEASE HELP!!!!!!!!!!
  7. okay will do...here's what I'm sending...is it okay?? I definitely DO NOTsign it just print write my name?? Mackenzie Hall Unit 1A 58 Portland Street Kilmarnock Ayrshire KA1 1JG Your Ref: ***** WITHOUT PREJUDICE Dear Sir/Madam Account: Cabot Financial– Ref ****** I DO NOT ACKNOWLEDGE ANY DEBT OWED TO YOU NEITHER TO ANY COMPANY THAT YOU CLAIM TO REPRESENT You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period. The last payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. The OFT Debt Collection Guidance states further 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 regard to you Doorstep Assessment, please see the following; Strictly no visits or meetings with any company agent or representative unless previously arranged and agreed to in writing. Please be aware that there is only an implied license under English Common Law for certain people to visit a property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.) Please therefore take note that I revoke license under English Common Law for any agents or representatives to visit this property and if an agent or representative should do so without prior written permission from me, then they and their company will be liable to damages for a tort of trespass. I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I look forward to your reply. Yours faithfully
  8. Do you think it's worth going with the CCA letter first??? I'm pretty sure last payment was made (if these are indeed the debts) in Sep/Oct 2002 which would be 6 years now....with the CCA letter I would get 12 days grace!! Or should I just go with the stat barred from the off and then CCA them if they come back??
  9. Re. doorstep letter and stat barred letter... everything says 'we' and 'us' and 'ourselves' ...is it okay to amend them to 'I', 'me' and myself?? I know this sounds a bit thick but just unsure due to legal implications (if any)
  10. Understand...but as am unsure if it's 5 of 6 years since any payment on any of these old debts..should I chance the CCA letter thereby giving me a little more time to make it to the 6 years!!!
  11. Thanks for that will do as you suggest. Will Mackenzie Hall turn up though??? It's thyem that are threatening (on behalf of Cabot) - apparently I can expect a Meritforce collector within the next 7 days. They also say 'despite repeated efforts to contact you...'' is this to cover their backsides and to prevent me from using the statute barred letter??
  12. Have today received 2 letters - one from Mackenzie Hall & the other from Buchananclark & Wells. MH threatening a 'doorstep assessment' re a debt on behalf of Cabot Financial - and giving me 72 hours to pay them!! (Time runs out tomorrow!). The letter from BCW is also on behalf of Cabot Financial who apparently purchased a debt in my name. The BCW letter actually states that the Cabot are prepared to offer reduced terms in full & final settlement of the debt. I don't even know who Cabot Financial are...anyone heard of them??? Neither letter states what the original debt was for and to whom money is apparently owed. I did run up some debts over 10 years ago and some accounts have not been paid for 5/6 years but these were small miscellaneous debts after my divorce. The sums MH & BCW are quoting are not small. Should I send them letter N from the templates (requesting the credit agreement) or send them letter M (statute barred limitation). If I send either, am I admitting liability? I've also heard not to sign any letters I should send but to block print my name..is this wise?? In both cases should I write at the beginning that I am not accepting any liability of the debts or just use the standard letters?? Please help!!
  13. There was CCJ AND ALL DEBTS HAVE NOT HAD ANY PAYMENT FOR 5/6 YEARS
  14. I previously ran up large debts when I was married before (14 years ago now). When I got into trouble with the repayments I got involved a company called resolution trust who managed my paymets. The last payments made to any debtors was in 2002. All the debts were in my then married name. I have moved a number of times now and never heard anything more, believing that the majority of debt, run up with my ex husband although in my sole name, was cleared at the time of our divorce settlement. I have since remarried and have no debt in my name now. I have been receiving letters from various companies, J2 Soluts, Lowells, 1st Credit to name but a few, all of which were sent to my current address in my previous name. These have been coming for the last few months and all have been returned saying 'not known at this address'. As far as I understand it given the time now elapsed these debts should be statue barred however one debt I am now aware of did get a CCJ. Today whilst I was out a man called claiming to be a Baliff from the Canterbury Court (he offered no ID). He spoke to my husband asking for me (in my old married name) - my husband said that he had never heard of me and that the previous occupiers left 2 years ago and moved abroad. He offered to and showed his driving licence to prove that he was not of the same name. The man noted his name and said that was okay and that my husband could expect a 'red letter' in the next few days and that he should hold onto it to show other people that may call to prove who he was! Can anyone tell me what is going on??? Should I go to the Citizens Advice and let them deal with. Should I open further mail if I get it and not return it to the sender marked unknown? If so should I send statue barred letters. I'm real scared as I don't want these people to know that they have tracked me down and have to get my husband and fanmily involved. It is a very awkward situation as my husband does not know that I was married before. My ex was extremely violent and I have been worried of him tracking me down as I now have a young family. As I understood it any baliff that calls from a court should show you ID and this man said to my husband that the person he was looking for (i.e. me under my old name) had run up huge debts at the house. The debts were big but were at my address that was relevant 3 years ago. Can debt be transferred from house to house?? Is this man the real deal or somwone from a debt collection company?? HELP PLEASE!!!!!!!!!!!!!!!!!!!!
  15. So they can't go for a judgment in my new married name, just in my old married name..is that right?? Would it be wise for them to do that when I am not actually acknowledging any mail sent to me in my previous married name? And if they were to get a judgment would I then have to acknowledge them even though it is now incorrectly addressed to my old name and then tell them the debt is over 6 years?
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