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    • old and new threads merged i though you were going to send the SB letter in 2017? dx  
    • dunno you've not scanned up what you've had before how can we tell?  
    • Today , after a lot of years i received a letter from this lot. Very friendly, "Were writing to remind you that we haven't had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. up to 2000 I had successfully gotten deferment on low income. But rather than sign on as unemployed ,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondence ceased from them, circa 2001. To date I have had no correspondence from Student Loans. I was made redundant in 2009 and reached 65 in 2012 , at which age the loan should have been cancelled. Now , today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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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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Hello Im new


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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