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    • Thank you 😊  Just wanted to prepare myself mentally incase they pull out some rabbit out of a hat with these bodyshops as they will most likely be places they've used regularly in the past and over 150miles away from where I am.
    • I see the Brexit-ish are again delaying  implementing their 'grate deal' 'protecting the UKs borders' that they pressed through with the wholehearted support of MPs like smugg - who is now one of the main moaners saying this inflation raising and business destroying 'great deal'  shouldn't be implemented. Of course 3 of the benefits of NOT implementing the Brexitish grate deal as the Brexitish negotiated are:   1. Less UK businesses will collapse 2. UK inflation NOT increased by 0.6% (hence fiddling the figures to us scraping NOT being in a Brexit generated recession) 3. The problems will be dumped in labours lap after the GE   "Analysis by specialist credit insurance firm Allianz Trade said the removal of tariffs on the goods would reduce inflation by 0.6 percentage points, and cut import costs by close to 7 billion pounds ($8.8 billion) in nominal terms."   reuters.com WWW.REUTERS.COM     https://www.reuters.com/world/uk/uk-economy-grows-by-01-february-2024-04-12/   Rees-Mogg warns post-Brexit border charges could be inflationary WWW.THELONDONECONOMIC.COM According to reports, Britain faces a £2 billion post-Brexit bill on European food imports from the end of the month.  
    • Thank you . Please stand by for a reply later on  
    • Sorry just get worried that they will make my life harder than they already have lol   Bought the car around 12th Sept 2022 for £78,000 from clinkard cars.   Performance, Prestigious and Specialist cars in Romsey, Hampshire | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire Was a 2019 Range Rover with 25k miles, £20k deposit at £750pm pcp over a 4 year period.   Finance company are alphera (bmw finance) spoke to them in October 2023 about the damage my bodyshop advised me of but they told me to deal with the dealership. Paid for the repair myself as I was told the extended warranty I paid for (recommended through dealer) wouldn't cover it as it was an existing fault and not mechanical breakdown. When I got the £40k offer from the dealership they still didn't want to get involved unless I got an independent inspection done. Used Elite Forensic inspections as they seem highly rated online (more comprehensive than your average AA inspection). I just looked online for thr best inspections for customers eho hsbe alre purchased the car. Their report was super comprehensive over like 50 pages of text and photos. Comparisons to the advert photos against what the inspector saw made in clear that the damage was before I purchase it. Got the report back 10th Jan 2024 and couldn't believe that they'd picked up the level of accident the car had been in and raised an official complaint through Alphera, they couldn't come to a decision with 8 weeks so raised with FOS. Around the 7th March 2024. Small issues started within the first week of purchasing like ambient light not working on the side the car was hit and car randomly switching off completely when I'd stop at traffic lights/junctions. Dealers eventually got this sorted which I appreciate, but doesn't change the fact that they didn't check the car as well as I'd been told it had been checked and they'd sold me an accident repaired car and initially tried to say all cars have had paint due to stone chips etc. Also turns out the car had only had 1 service before I serviced the car in mid 2023 (when the service light came on the car).   So far Clinkard have had my car for nearly a month (so my wife and I hsve had yo share cars since), they've said we've taken the far to 2x garages so far to inspect it and got 1 more garage to take it to. Currently refusing to tell me what those 2 garages have said so far with the attitude of because you've gone through FOS we have to follow the correct channels and respond to the complaint through them which is quite annoying.
    • This has been playing on my mind a little so been reading. Am I right in saying that if the original debt was regulated under the CCA and below 25k they can't use HCEO? 
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Help with Robinsonway Please


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Hi all, and thanks for this site.

 

i have now had a letter from robinson way about money i o Tessera portfolio managment ltd (HBOS), that i know nothing about or can't remember its that far back. I have sent them a letter saying the debt is barred due to time 24/10, and then i got another letter 30/10 notice of legal proceedings (this is not a court document) saying if i dont pay by the 05/11 then further court action may be taken without notice. I have also sent a CCA asking for details of the debt 02/11, this went recorded delivery and the first only went 2nd class but i got proof of postage.

 

My question is what if they just go to court and the next i here is that i have a judgment against me. can they just do that. while im waiting for the requested info?

What next?

 

i have also asked for some help here

Abby 0 -- Jellymold 1 £2800 :o

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Report RW to your local TS and their local TS (manchester, if I recall, rather than Salford).

 

The onus is on them to prove it is not statute barred, not for you to prove that it is, and continue to contact you once you've sent the statute barred letter (apart from to prove it's not) is a breach of OFT guidleines and can be construed as harrassment.

 

I'd report them to the OFT for good measure.

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All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Obviously you will let us know if they do send a summons. And if they do you must not panic as you will get lots of help in defending it. OH and I are defending three at the moment - all on the basis that their agreements are invalid and a few other minor issues like mis-sold PPI, unlawful charges etc etc. A lot of these DCA's seem to be sending out summonses without warning and with no justification and so far we have succeeded in getting one of the claims withdrawn - hopefully the other two will go the same way.

 

A year ago I would have panicked if someone sent a summons, now I just respond and file it away:p. I'm sure that in your case it is all hot air - the less chance they have of getting the money out of you the more they will jump up and down:D.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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They probably know that it is statute barred and are trying to frighten you into making some sort of payment, my guess is that their next letter would be along the lines of, OK if you pay us 50% now we will mark it as satisfied, this is when you KNOW that you have them on the run lol

 

Keep all correspondence, DO NOT TALK TO THEM ON THE PHONE, insist on everything in writing, start every correspondence with I DO NOT ACKNOWLEDGE ANY DEBT TO YOU.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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As I said on another thread, all of the acronyms can be very confusing - always better to ask ;)

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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When you write to them and tell them the matter is statue barred ask them for details of their complaints procedure to be sent to you.

 

As holders of a conumser credit licence they must have a written complaints procedure and are obliged to let you have details of t on request. That's the theory but in practice few debt collectors bother.

 

If they do send you details and you submit a complaint the debt collector has eight weeks to resolve the problem. If that isn't to your satisfaction then you complain to the Financial Ombudsman. If they don't send you the complaints procedure you, say within 7-12 days, report them straight away to the FOS. Failing to provide details is just as much a complaint as chasing a statute barred debt once you've told them to go forth and multiply.

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i sent the letter friday along with 2 others the others have been delivered but not this one, are they playing dirty knowing what it is and not signing for it?. Has the clock started ticking from when i sent them? or from when they get it ?

Abby 0 -- Jellymold 1 £2800 :o

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Sorry, i see what you mean.

 

Did you send it recorded? If so, they sometimes just sign for the top-sheet so it can take it a while to show as received.

 

Courts usually accept that post is received after 2 working days, so unless you see a "signed for" after this date, assume this is when they received it.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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They wont go away thou, even if it is statute barred . They are like the little brat child in the toy shop .. I want.. I want ! .. meaning your money, and nothing short of a good hard slap ( via the complaints and FOS procedure) will stop them.

From the Debt Collection guidance;

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be carrying out further work on this aspect of debt recovery including analysis of relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• 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.

 

 

Regards, Dave.

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Anytime - just post again when you feel you need to and we'll be here to hold your hand (we've all had ours held and may well still do in the future).

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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