Jump to content


  • Tweets

  • Posts

    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Capquest Nearing Time of Limitation Act Letter


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6054 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have today received a letter saying the following;-

 

This communication is to inform you that we believe your account is nearing the time where the Limitations Act 1980, or if you reside in Scotland, the Prescriptions and Limitations (Scotland) Act 1973 may apply.

 

These acts limit the time which the creditor can pursue a debtor. In the case of England and Wales this time limit is six years, and in Scotland it is five years. The time limit begins when you last admitted owing the money or made a payment. The provisions of these Acts are legally binding abd we would be obliged o cease all collection activity if you request us to do so at the time your account could be deemed statute barred.

 

In the interests of our clinent due to the time implications with your account, we are now instructed to issue legal proceedings against you to stop your account becoming statutue barred. You will then not be able t rely on the Limitations Acts to dispute the debt. In layman's terms the clock is started again enabling us to continue our collection activity. In the event that the court grants a County Court Judgment against you this will be registered on Register of County Counrt Judgements for a period of another 6 years.

 

We hereby give you notice that if we do not receive your proposal to settle this account by 7 Nov 07 we will begin the process of litigation. "

 

They go on to offer my one last gesture to settle the debt by paying only half of the outstanding debt.

 

Can they do this? I have made several attempts over the years to agree proposals with them but they always refuse the minimal offer i can make saying it doesnt cover their admin.

 

Is there anything I can do to stop them? do I ignore the letter? :-x

Link to post
Share on other sites

When did you last make a payment?

 

Have you requested a valid copy of your agreement from them? If not, it's time you did. I suspect that their 'generous' settlement offer is because they have no CCA, therefore would be unable to enforce the debt in court anyway! Why would they give you a discount if it's so easy for them?!?

 

;)

Link to post
Share on other sites

I am not entirely sure but think I made a payment to them about 4 years ago when they first took over the debt. Only made a couple of payments as they pressured me to make a higher payment than I could possibly afford and in the end I couldnt manage to sustain it. Havent made any payments since or even acknowledge anything with them except for about 2 years sending them a letter to offer a minimal payment which they refused.

 

No I have not requested a copy of my credit agreement from them. Is that using the SAR letter that I have seen mentioned?

Link to post
Share on other sites

Get a CCA into them NOW if not sooner.

Put these "people" on notice that you will NOT simply roll over and pay up.

 

I do like the way they refer to both the Scottish and English laws in the same sentence.

Now how can both 5 years AND 6 years be close.

Hmmm confused me thinks.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

Also IF they do start court action, lack of a signed executed agreement is a FULL defence.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

I believe they're fishing. They can't even decide which law applies, the Limitation Act, or the Prescription and Limitation (Scotland) Act.

 

Do you know just how close to Statute barred this is?

 

Sending the CCA request would serve 2 purposes, firstly establishing that they do have the right to collect on this debt and secondly putting the debt in dispute which means that they couldn't instigate any legal action.

 

This is a direct link to the CCA request letter;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367

Be sure to include a £1 p/o to cover the maximum prescribed fee and don't forget to send by rec/del though in this case Special Delivery would be most advised.

 

Post the letter and then spend a good few days familiarising yourself with a good number of threads in the debt forums and then post back with your progress.

 

Good luck & best wishes, Dave.

Link to post
Share on other sites

Yes i believe they are fishing too. The letter looks like a template rather than tailored specifically for me. There isnt even a proper signature at the end of the letter it is one of those printed ones saying from collection department rather than a name.

 

I think the debt is statute barred in Nov 2007 sometime.

 

Thank guys for the advice. Will be sending letter and postal order off tomorrow.

Link to post
Share on other sites

I think the debt is statute barred in Nov 2007 sometime.

Whilst I don't advocate debt avoidance, I think you'll be home dry with this, after all you do say you've made every effort to offer an installment plan.

 

Best, Dave.

Link to post
Share on other sites

Just checked it is Nov 2008 when Statute barred so may not be totally out of woods.

 

Yeah I have always tried to pay people something but these guys are totally unreasonable about what they expected me to pay and refused to consider anything I offered so gave up.

 

Will post again when get reply from them.

Link to post
Share on other sites

Dont worry I will be ensuring they have a legal right to demand the payment before I start going down the road of payment proposals. Will be doing the SAR tomorrow so be on the waiting game for awhile.

 

Have been reading these forums for few months now and appreciate all the advice I can get.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...