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    • I bought my house 2 years ago. The previous owner had died. I continue to recieve parking fines and communication from DVLA in the name of the dead person, despite contacting DVLA via post to inform them I am the new owner of the property. I have sent them proof of purchase and ownership but the communications continue to arrive. Aside from using "return to sender", does anyone have any idea how to stop this and get DVLA to update their records? Not sure if relevant but the Tax class on the vehicle is disabled meaning that the price of vehicle tax is £0 per year. I assume someone is using this to get free vehicle tax which is up to them, but I'm bored of fighting with parking charge companies and getting threatening letters, as whoever is doing this is also not very good at paying for parking.
    • I haven't heard of them asking for photographic evidence in this way before – but I don't think it will really pose a problem. Have you got a history of sending parcels which were then lost and you had to claim for? When you send your letter of claim? Was the item properly declared? Was the item correctly valued? Please answer these questions and then take at least a couple of days reading very thoroughly the stories on this sub- forum. There are lots of them. Read some of the pinned topics at the top which will explain the principles and then read the stories to see other people's experience. Post up your letter of claim in PDF format so we can see what you sent.  
    • Just to clarify - it was the lender who undertook works, not me.  They racked up huge huge sums in refurb costs - which were completely unnecessary.  They have been trying to charge all the costs to me.  I refuse to be held accountable in my defence and counterclaim.   (I refuse to  be held liable for these works costs whether vat was or wasn't added - I maintain its the lender that must cover the costs).  It was a ridiculous sum of money and made no difference to their ability to sell either.  As its still unsold.    I can see - from disclosure paperwork - that the lender ceo uses this contractor all the time on other properties - for himself and for the bank.  The payer may not be responsible for the contractor's failure to add vat - but the ceo can clearly see it's not being charged - and again and again on all his jobs.  So he is complicit even if not guilty of the actual fraud.    I admit I'm angry with them. The sheer injustice and arrogance (that they could/ can do whatever they want and get away with it - has been astounding.  It's why I have fought so hard to get justice.  This particular issue is just another niggle.  They think they are above the law; can circumvent it - with no consequences / repercussions.    Thank you dx for pointing me to the link. I will now follow that up
    • I have posted the letter off today - sent recorded delivery, so should get to the Police early next week. I also walked along the street where this happened and checked if there were any CCTV cameras or video door bells in that section of the road, but could only find one. I talked to the owners of the house with the camera but they say it is set to only cover the area leading up to the house and not really the pavement or road and footage also auto deletes after 72 hours, so anything captured would be gone now. That was disappointing. I walked along the road a bit more, but couldn't see any other video door bells or CCTV, so that didn't help.  I always thought most people have at least a video door bell these days but not in that road... 😐 So came home a bit disappointed.  If anything else happens I will post an update here, but may not be for a week or so. Not sure how long this will take now.
    • Hi all.   I've just cancelled my Virgin Media because my Wife and I are going abroad for 12 months or so. My Son will be staying in our home, and wishes to start a contract with them. He signed up to a great deal for New Customers online, and a Contract Agreement was signed online. He had a delivery date for a Self Installation Kit but it never arrived. After speaking to numerous Virgin Media Staff online, they are insisting that he calls their Pre Installation Team (I presume that is their sales Team to try and get more money). He doesn't want to speak to them over the phone. He doesn't mind doing a Live Chat, but he hasn't got an Account Number yet, so that's impossible. He even had a chat with a Team Member on Whatsapp, who say they don't have access to the information they need, so he has no option but to call them. Why can't they just be straightforward with their Communications? Is there any other option other than calling them?   TIA.
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      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.  

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      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 
        • Thanks
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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nelix
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I cannot tell you how pleased I am to find this very interesting site, Ive read the rules, and being a mod on another board for helping people with totally unrealated problems I will try to abide by them. Ive yet to read though all thats available on this amazing site but in the meantime I wonder if I can ask some questions. Im researching on behalf of my partner. The debt is over 6 years old. We are getting letters/ postcards announcing a visit from a "adviser" probably on a monthly basis, I wont mention the name of the company. Im keen for my partner to write and ask for validation of the debt, would that be the way forward? I understand the debt collectors have no rights as to gaining entry but Im unclear as to if they threaten CCJ action, how we will know. By letter after the event?

Can anyone help out there?

Im off to read the question and answer area now, no doubt will find alot of information there.

many thanks

N

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Hi nelix and welcome to CAG.

 

If a debt has not been acknowledged, either via writing or making a payment, for 6 years the debt is statute barred. Debts can not become un-statute barred, so if it is statute barred there is no possibility of a CCJ being awarded and it is your partners choice whether the debt is paid or not.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hello and welcome to CAG. The debt looks like it is Statute Barred, so a letter to the company should be sent a.s.a.p.

 

Is it important to start the letter:

 

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

 

Letter M here would be a good place to start:

 

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

 

Uk

  • Haha 1

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Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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wow, what a service! thank you for the replies. I need to get something staight in my own head. Writing to them and saying we do not acknowledge the debt, I get:) but Im slightly uncomfortable about actually saying they havent contacted us in 6 years because bless his heart, the little old head has been stuck firmly in the sand, so is my best bet to write and ask for validation of the debt? and request all correspondences are in writing in the future? From what I gather on here, they have to send us details of the debt, that seemingly has been kicked about like a football.Needless to say it seems to have trebled in size with extra interest, all of which we have NEVER had a brake down off. My other question is how long do they have to reply, is it 40 days and if they dont what am I doing then?

Once again, thank you for the warm welcome, you have taken a huge weight of my mind.

My apologies if Im asking too much basic stuff!

N

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Yes do all corespondence in writing. Don't sign any of the letters though. It would be wise at the moment to not sign anything. The letter M, you should send straight away, and mark it with :

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I would just give them as long as it takes. You may not hear from them again.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Great . .stay positive, and let us know how you get on.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi guys,

my letter is ready to send off but there is just one thing Im muddled on. Am I sending a £1 PO with it, as Im asking for the records of the debt? and if so do I reference it in the letter or just inclose it and wait to see if its cashed.

Once again thanks,

nee.

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I would reference it. It gives them no excuse if they can't comply with your request.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi guys,

my letter is ready to send off but there is just one thing Im muddled on. Am I sending a £1 PO with it, as Im asking for the records of the debt? and if so do I reference it in the letter or just inclose it and wait to see if its cashed.

Once again thanks,

nee.

 

Nelix - you're sending a CCA - yes? In that case you need to enclose a £1 postal order. I would state in the letter that these monies are solely for the CCA and must not be used as part payment of your account.

 

Don't sign it with your usual signature. And send the letter recorded so that you get proof of delivery.

 

Btw - can you tell us who this debt is to? Because if we know this we can get this thread moved to the appropriate forum so that more folk in the know come along and help you.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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Its cabot, and I read with amazement at some of their antics. The strange thing is the amount is nothing like the original amount, its almost trebled, but Im guessing this is the norm'

We have had a countdown of threats of personal visits, nothing happens. I really do want to get this sorted.

Since becoming a member on here I cant tell you what a weight has been lifted from my mind. I pratice CBT in my personal life and ask myself what is the worse that can happen, I will not be bullied!

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Hi Nelix

 

I have moved your thread for more help when needed.

 

Good luck

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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thank you. This is one heck of a site!!!! Ive now written my letter and Im sending it special on monday, with our £1 fee and a letter that says this is NOT to be used against the debt...etc etc. I guess I, or rather my partner, is at the begining...Im wondering if anyone can pre emp' what is likely to happen with this cabot (in my head its' carboot sales..tee hee)

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You'll probably get a letter back from them stating that they have placed your account on hold and it could take up to 28 days to get a copy of the agreement. That may be the last that you here from them for some time.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Ive sent the letter this morning but he recieved another letter from them. Im guessing its box standard and have been covered over and over here ,but could some kind soul give me an opinion?It is headed up...Final demand, your account is now with the pre-litigation department. They go on to state a charge against our property( we rent:| ) could be made or a deduction against wages could be made, if we dont contact them. Up to this point they have NOT had any payment from him and just to remind you this has all started up out of the blue from a debt that is borderline 5 years old. So my question is, Ive sent the letter, they should get it tomorrow, am I right in thinking we need to sit back and wait for this validation at this point???

One thing Ive got to say is you guys have taken the complete fear and panic about opening these letters away:)

neelix

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am I right in thinking we need to sit back and wait for this validation at this point???

 

Yes you don't need to do anything. The term pre-litigation department is often used by these companies, but is absolutely meaningless.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hello,

 

I'm new to this and thought I'd jump on here!

 

Could some one advise me please as nelix's case seem like mine! Basically I have recived a letter today out of the blue from Red Debt Collection Services regarding a debt for 2001, the letter I've received today contained a Statutory Demand in it which I think now means that Red are trying to declare me Bankrupt, but I thought under the Limitations Act 1980 my debt was now statute-barred??? :( I'm confused as I don't know what to do now.......Do you think that red are trying to scare me with the Statutory Demand?

 

Please advise me as I'm mad as hell, also in the post today my fiancee received yet another Bank Charge which didn't help the mood!

 

Thanks

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Do you think that red are trying to scare me with the Statutory Demand?

 

Yes. If the debts statute barred then it will remains so, that being said it is still best to apply for a set aside (doesn't cost anything) as it's not completely uncommon for there to be a rogue payment on the account just before it became statute barred.

 

You need to start your own thread on this to ensure that you get lots of help and advice on this and your posts don't get lost in this thread.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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i would start my own thread if I have a clue how to do it???

This link will tell you how to get around the site http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html
How can I find out if the Debt is Statute Barred
I would first of all send them the statute barred letter via recorded delivery here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M. You may as well ask for a copy of the credit agreement while you're at it (template N).
also how can I apply for the Statutory Demand to be set aside without acknowlegeing the debt?

Quite easily. Start your own thread and post a link and I'll explain it.
that comment about a "rogue payment" got me very interested, can you explain more for the blonde???
Occasionally a single payment has been found to magically appear on accounts just before the account was statute barred, this starts the six year clock ticking again from when the payent was allegedly made by the debtor. Those who are aware of their rights and have asked for evidence of where this payment came from have found that the payment magically disappears. I must point out that this has only very rarely alleged to have happened.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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nelix.

 

Don't worry about the template letters that arrive with threats of pre-litigation, charges against properties or attachment to wages.

 

The key words are 'could' & 'may', which translated mean that they more than likely won't, but the letters/demands are designed to make you think they will, and to worry you.

 

Stick with the CAGers here and you will get fantastic advice and support all the way.

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This link will tell you how to get around the site http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html I would first of all send them the statute barred letter via recorded delivery here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template M. You may as well ask for a copy of the credit agreement while you're at it (template N). Quite easily. Start your own thread and post a link and I'll explain it. Occasionally a single payment has been found to magically appear on accounts just before the account was statute barred, this starts the six year clock ticking again from when the payent was allegedly made by the debtor. Those who are aware of their rights and have asked for evidence of where this payment came from have found that the payment magically disappears. I must point out that this has only very rarely alleged to have happened.

 

I've now started my own thread and have been give alot of advice but I'm still really worried. My thread is;

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122710-debt-collection-services.html

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