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Everything posted by silverfox1961

  1. Hi again:) From what I've been reading on other threads the procedure is the same as if had been done by post. send the the usual CCA request, £1.00 postal order and send recorded delivery.
  2. Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. We look forward to hearing from you. Yours faithfully Mr A N Other
  3. I'm sorry but this is all I could find. you could amend to suit your situation. Their ADDRESS YOUR ADDRESS Dear Sir Madam, I refer to the above account number regarding my account with yourselves, it is my belief that the debt that you have purchased from XXXXXXon *DATE* is statute barred, the reason for this is that I was originally defaulted in *DATE*, and XXXXX bought the debt around *DATE*, thus making the debt statute barred as I have had no contact or acknowledged the debt in a six year period from *DATE* till 2003, therefore it is my conclusion that the default you have registered against me is unlawful. If you don’t remove the default within fourteen days a county court claim for removal and damages will be issued with out further notice. You have 14 days to reply to this letter. Regards,
  4. OOPS! Sorry hetty my bad. I should read earlier posts a bit better. I think they need to prove that it isn't statute barred but as I'm still a relative newbie I can't point you in the direction of any relevant letters that others have sent. I'll have a look around and see what i can find. fox
  5. I copied that from the template letters section replace all the red bits with your relevent information. fox
  6. 1 High Street, Newtown, Kent R21 4RH June 28, 2006 The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Acc/Ref No 4563210025897412 You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves. We 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.” We 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 alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us 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”. We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. We look forward to your reply. Yours faithfully Mr A N Other __________________
  7. Hi there:) I'm a relative newbie on here and from what I've been reading on other threads, they haven't sent you the correct paperwork. A CCA needs to show your signature so if they've only sent you blank forms then they can't enforce the debt until they do provide the paperwork. hope that helps. fox8)
  8. Having viewed lots of threads regarding Debt Collection Agencies and their underhand tactics I believe that from what you are saying the debt is statute barred. Once (IF)you get a reply from your CCa request and it shows no payments from 1996 to 2004 then it definitely is statute barred and they can go whistle. I would also be going back to Global to complain and also to Trading Standards. fox8)
  9. Morning:) As far as I'm aware This is a civil matter, not a criminal one. If they take you to county court and win and then you don't pay then that is a criminal matter so don't worry too much about that at the moment. Again as far as I'm aware they have to get a judgement before they can send bailiffs around (please correct me if I'm wrong) Whilst a complaint is going on the council shouldn't carry on with court action Is it a threat of court action at the moment or is it the standard letter saying if you don't pay we may consider taking you to court? Just another thought. I've found out on other threads that it's a good idea to keep the envelopes that any letters come in. staple them to the letter so you know which is which. fox
  10. Surprise. The Ombudsman is quick but my case was so complicated that it took two years for them to resolve but hey, i cant work anymore so what else had i to do with my time:p Callumsgran. I'm sure i went grey with the stress from my council. If you ain't grey yet, you soon will be lol:p:p fox
  11. hi there. Something must be in the water as this is the second one i've looked at today. If you are absolutely certain that it is a council mistake and that whenever a change in cicumstances happened, which may have affected the amount of benefit, they were told then you may have a claim. Basically, If they made a mistake in the calculations and you couldn't have reasonably known about it then you could argue that you are not liable. some councils get very shirty when they are challenged and send it straight to legal. If they start threatening you with court it may need a letter denying you owe them a debt however, make an offer to pay something each week just to keep them off your back. if you have to do this, send them a letter with the heading "I DO NOT ACKNOWLEDGE ANY DEBT TO YOU"( If anyone else has better wording, please let me know) If they still say it's your fault, complain and escalate it to the chief executive of the housing department. If all else fails, complain to the Local Government Ombudsman. NOTE: I am basing my answers on my own personal experiences with my local council and not all councils follow the same rules. good luck fox
  12. These senior moments are getting to me lol. forgot to mention. when posting letters to the council use recorded delivery and if you hand deliver them, get a receipt. Unless you have a recording machine, it's not in my opinion a wise thing to talk to them on the phone as there is no proof of what has been said, fox
  13. Glad to help. The issue with the magistrates court. As far as I'm aware (although someone may come along and prove me wrong:rolleyes:) you have been issued with a summons to attend the magistrates court. I do think you have to attend but you are entitled to represent yourself and to plead not guilty if you wish (you will) the magistrate will help and the case should be adjourned for you to assemble your defence. as it's a criminal offence you are answering to, unless you are rich, you are entitled to free legal advice. If you explain that to the magistrate, they may be able to help. Unless it's a stipendury Magistrate (who is legally trained) other magistrates are laymen or women who take legal advice from the court staff. Note: I'm basing this advice on personal experience of the court from about 10 years ago so things may have changed (in case you're wondering- motoring offence) If you get your complaint in to the council and ombudsman( sometimes if you haven't complained to the council first, the ombudsman may refuse to help until you have gone down that route) it may help in the court case but don't bank on it. one other thing about councils. If you manage to get an apology off them, that will be a miracle. In my case they wouldn't. Good luck fox
  14. Oh yes forgot to mention. the ombudsman got me £200 compensation:):) fox
  15. Hello. I had something similar with my council (overpayments) and it took me four years to get it sorted. In my case I wrote that while i didn't accept the debt was accurate i would make regular payments on the understanding that if the overpayment was not proved that i would be repaid. It might be worth formally complaining and escalate it to the chief executive of the housing department. There is a little known thing called retrospective housing benefit (but not all councils use it) where in the event of complaint the council will go back over the housing benefit claims to check whether mistakes have been made. BEWARE. If they do this it could show that you owe them more. This is also something they don't like to advertise. Housing benefit overpayments are legally recoverable unless: The overpayment was caused by official error- this means the overpayment was due to something done, or not done by the council or the benefits agency AND: You or someone receiving the benefit( eg private landlord) could not have reasonably been expected to know that an overpayment was being made at the time that the payment was notified ir received. That basically means that if you didnt know about the overpayment and someone at the council mucked up then you could argue that you are not liable. As other posters have said, get this case to the Local Government Ombudsman. The one I used in coventry were brilliant. Fox
  16. Thanks for the info. I've downloaded the form but you're right when you say it looks like it's for "third party" users. I've kept it should i need to go down the debt advisors route (doubt it with all you guys) Should anyone post on my thread and i don't reply, it's because I'm not too well that day but i will reply eventually cheers fox
  17. Morning folks. Well i got the first reply from lowells in 3 months and it's the CCA acknowledgement with, from what I've been reading, the usual guff about contacting from OC to get info and their own get out clause about if they cant get it within 12 days that they'll let me know. My letter to them was sent on 16/10 and delivered 18/10. their letter was dated 21/10 and received today 25/10 so obviously TNT post don't follow the same procedures as Royal Mail. Just a quick point. If they got it Saturday 18/10, does the 12 days start from the monday 20/10 (Eg not including weekends) or are the weekends counted in the 12 days?? fox
  18. You are not letting anyone down. It has always been your choice on whether to carry on and you have been awesome but you are considering your health (mental as well as physical) and i for one will support you. best of luck fox
  19. ReallyMadWoman, I have spent the entire afternoon reading the entire contents of this thread and apart from me having no life(?) I am amazed (NAY ASTONISHED) by your strength and your good old fashioned bloody mindedness against these people (loosely termed) I've only been here for a week and have read lots about DCA's and their underhand tactics and I selfishly hope that I dont end up with all the hassle you have been forced to go through. I'll read your Cabot thread as well ( you'll notice that as I'm a newbie I still tend to use their proper names. How long will that last:p) All the way through the thread I noticed how much stronger you have become and all I can say to that is : I AM IN AWE OF YOU- WELL DONE fox
  20. Thanks for that ODC. I'll reprint the letter and get it posted tomorrow and I'll still pay them next Thursday just to be on the safe side Thanks again
  21. Forgot to mention, as I'm already paying, should I continue or stop paying them
  22. Hi again all, You've probably heard all this before but as I'm a newbie I find all this legal stuff confusing. I'm in the process of doing a CCA letter to Cabot and was wondering, as I've already acknowledged the debt whether i should reword the heading to read: I NO LONGER ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT In a previous post ODC said to send 2 CCA requests but I don't know if the debt is just for the credit card or both the card and the loan as I have no confirmation of this. Should i just send one for now? I also have no letters from citifinancial to tell me they sold on the debt as I've mentioned I did a lot of moving around I'm sorry if it seems like I'm stupid, mainly cos I am:?
  23. As far as I'm aware you cannot check if a postal order has been cashed online. The only way I know is to ring the number that you can get from the post office.
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