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toxygene

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  1. mmalik suggest you start your own thread for this as it is obviously getting missed here. You can get this overturned because of jurisdiction but I don't know how to go about it. If you repost a new thread with your problem someone will give advice like they did for me. I won and got them off my back. You can too.
  2. I sent the reply suggested above. I just got back from holiday to find the following letter from RobWay Dear ************ Account No. ****************** We refer to the above account and acknowledge your recent communication. Having reviewed your comments, we can now advise you that we have closed your account in our files and you will receive no further communication from ourselves in this matter. If you require any further information please do not hesitate to contact us. Yours faithfully Collections Manager. Thanks for your help and suggestion.
  3. I recently received a letter, out of the blue, from Horwich Farrelly acting on behalf of Robinson Way about an alleged debt from over 5 years ago to Capital One. I am resident in Scotland and therefore, as far as I am aware, subject to Scottish, not English, law. I have had no contact whatsoever with Capital One, or anyone acting on their behalf, for over 5 years. I responded to their letter informing them that as I had not acknowledged the alleged debt within the 5 year period any liabilty was now extinguished as per The Prescription and Limitation (Scotland) Act 1973. I have now received another letter from Horwich Farrelly. I can upload a scan it if it helps. I've copied the content of the letter below (edited for personal info) Our ref:********* ** July 2010 Dear sirs Our Client - Robinson Way Limited (assignees of Capital One) Balance outsanding - £******* We act for Robinson Way Limited. We have received a copy of your email dated ** **** 2010 received via their website (copy enclosed). (No copy was enclosed) You state that you have not acknowledged the debt within 5 years and you claim it is statute barred under the Prescription and Limitation (Scotland) Act 1973. Your assumption that our client is prevented from pursuing this debt is incorrect. The terms and conditions of the agreement between yourself and Capital one, which our client took assignment of in 200*, states the law governing the agreement, is the law of England. Our client is quite entitled to raise an action in the Courts in England against you claiming the outstanding balance of £*******. The Limitation Act 1980 sets out the rules on how long our client has to take action against you for this debt. The limitation period in England is 6 years. The limitation period commences at the time the cause of action arose. The limitation period starts to run from the earliest time that the legal proceedings could first have been brought. This period began after you made your last payment on ** ***** 2005. Our client has until 2011 to issue proceedings. We look forward to hearing from you with your proposals for settlement within 7 days. Yours faithfully Horwich Farrelly What planet do these people inhabit? I have no clue what to do now. Can they do this? I really need some advice now. Should I report them to some authority or something because I was under the impression that it was unfair to pursue someone for an alleged debt that was extinguished and also unfair to threaten court action outside the resident juristiction.
  4. I recently received a letter, out of the blue, from Horwich Farrelly acting on behalf of Robinson Way about an alleged debt from over 5 years ago to Capital One. I am resident in Scotland and therefore, as far as I am aware, subject to Scottish, not English, law. I have had no contact whatsoever with Capital One, or anyone acting on their behalf, for over 5 years. I responded to their letter informing them that as I had not acknowledged the alleged debt within the 5 year period any liabilty was now extinguished as per The Prescription and Limitation (Scotland) Act 1973. I have now received another letter from Horwich Farrelly. I can upload a scan it if it helps. I've copied the content of the letter below (edited for personal info) Our ref:********* ** July 2010 Dear sirs Our Client - Robinson Way Limited (assignees of Capital One) Balance outsanding - £******* We act for Robinson Way Limited. We have received a copy of your email dated ** **** 2010 received via their website (copy enclosed). (No copy was enclosed) You state that you have not acknowledged the debt within 5 years and you claim it is statute barred under the Prescription and Limitation (Scotland) Act 1973. Your assumption that our client is prevented from pursuing this debt is incorrect. The terms and conditions of the agreement between yourself and Capital one, which our client took assignment of in 200*, states the law governing the agreement, is the law of England. Our client is quite entitled to raise an action in the Courts in England against you claiming the outstanding balance of £*******. The Limitation Act 1980 sets out the rules on how long our client has to take action against you for this debt. The limitation period in England is 6 years. The limitation period commences at the time the cause of action arose. The limitation period starts to run from the earliest time that the legal proceedings could first have been brought. This period began after you made your last payment on ** ***** 2005. Our client has until 2011 to issue proceedings. We look forward to hearing from you with your proposals for settlement within 7 days. Yours faithfully Horwich Farrelly What planet do these people inhabit? I have no clue what to do now. Can they do this? I really need some advice now. Should I report them to some authority or something because I was under the impression that it was unfair to pursue someone for an alleged debt that was extinguished and also unfair to threaten court action outside the resident juristiction.
  5. Hi can any one tell me how to get debt collectors to stop chasing me? At the moment the following are chasing by mail/phone Parkside Investigation Bureau Power2Contact Moorcroft Capquest ARC Europe Lloyds TSB 1st Credit NPower Connaught Collections Robinson Way They ring at all times of the day from 8am and it's 7 days a week. It's driving me up the wall and I just want them to stop. I've looked everywhere but nobody seems interested in helping. I do not and never have had any form of credit. I have never been a customer of any of those companies many of whom, e.g. NPower just address their payment demands to "The Occupier" We are registered with the TPS but that doesn't seem to make any difference to these people bombarding us with phone calls.
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