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    • I have done a separate letter and form for each of the 3 debts and kind of ignored the Vodafone one for now    Thanks 
    • please refrain from posting blocks of text...use sentences and line spacing .... i notice your 1st post had been spaced and ive done your last three.... this is not facebook....its a forum. ........... it does matter how long BS takes i would cease payments now and a DCA is NOT A BAILIFF. they don't own your debts so can do NOTHING!! slow down and calm down , 4 post in 5 mins is no good. Debt management and Debt self-help - Consumer Action Group click the above link and go read a good 20+ thread in the above forum and all your questions will be answered  if you have any outstanding  then please post with them later. everything is explain in numerous thread already here for you to understand at your own pace. there is not rush to do anything today or the next 10days bar simply stop paying. though as explained in my last post, whichever way you go not pay will equal a default which will trash your credit file for 6yrs so the quicker you stop the quicker they will vanish . dx  
    • The funds were taken by eBay, rather than Paypal.  I presume Paypal collects the funds from eBay, and so eBay then sting me for the money.   But either way, before this money was taken from my account, my eBay account balance showed as -£85.  Yes, my bank account has been debited by this amount. eBay say that they are completely removed from the chargeback process, because it is carried out by the buyer's financial institution.  So, conveniently, they cannot help, other than by refunding the chargeback fee of £14. 
    • Perfect, thanks for the detailed response. One question, do you know how long it takes for the breathing space to get applied? Say for example I have payments due in 4 days and I apply today how does that work? Also, sorry for sounding stupid but what do you mean by default once the breathing space is in place? I mean what does "Default" mean.  After the breathing space is over and I wanted more time, what would happen? I can and will afford the payments after a few months but I just need that breather to sort some stuff out, as I have said I have never missed a payment. Sorry for the many replies but after doing a quick search, correct me if I am wrong. If it then does go into default and it goes to a collection agency am I right in saying they will send many letters and they may consider a claim? and I should only response if an official MoneyClaim is made? Also, If it does go into default does this severely affect my credit score? or will this only be in the case if a CCJ is applied.
    • there isn't one yet use the default mentioned already there. that covers all 3 debts as i assume the PAPLOC is for all 3 debts? dx  
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Red Debt Collection Services!


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ok these two posts are taken from the Insolvency rules 1986 (no 1) and Halsburys laws (no 2)

 

i have also found this in the civil procedure rules which is very informative

 

 

PRACTICE type="start" timestamp="1040029633444"DIRECTION – INSOLVENCYtype="end" timestamp="1040029633444" PROCEEDINGS -

 

take a look at this link it should answer your questions

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I'd go with the Statute Barred letter for openers, that's letter M.

 

IF they can prove that it isn't then we have other avenues open to us.

 

In the mean time take this SD to your local court and get it set aside on the grouds on improper service and vexatious action.

Be VERY careful whose advice you listen too

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Don't be they wont bite.

Remember this is a CIVIL action and as such no record.

 

I have found the court officers to be very helpful, after all they are there to ensure fairness.

Be VERY careful whose advice you listen too

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I'd go with the Statute Barred letter for openers, that's letter M.

 

IF they can prove that it isn't then we have other avenues open to us.

 

In the mean time take this SD to your local court and get it set aside on the grouds on improper service and vexatious action.

 

What will happen at court? :eek: I'm really quite scared about it all!
Lowells wont know what hit them when they get all these applications for set asides:D They probably thought their confetti blitz would have brought lots of scared people to phone the Call Centre Bullies with lots of Money Money Money:rolleyes:
  • Haha 1

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Here you go. Template M for Statute Barred and Template N for a CCA request http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html :)

 

Do I need to write anything else on this letter??? just send it to red or do I send the Staute Barred letter to capital one?

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Yeah I would head it I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

Least they'll be able to understand that.

Also DON'T use your normal signature, if you sign it at all.

It's not unknown for DCA's to get a little happy with photoshop.

Be VERY careful whose advice you listen too

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It's unlikely that thy will be able to supply an agreement or demonstrate that the debt is not statute barred. The account is in dispute and that is sufficient reason to set aside the SD.

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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It's unlikely that thy will be able to supply an agreement or demonstrate that the debt is not statute barred. The account is in dispute and that is sufficient reason to set aside the SD.

 

Once they set aside the SD what happeneds then??? Is it set aside while the dispute is resolved or is that an end to it????

 

I'm sorry for being really thick about all this but I've never had to deal with anything like this before!!! :confused:

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One thing I think we all forgot to ask was is the SD for over 750 pounds?

I'm not too sure about going to court though.....what will I need to do?
Initially all you need to do is file for the set aside at the court. You'll then be given a date for the set aside hearing. It is more than likely at this point that Red will withdraw the SD application as they are aware they don't have a leg to stand on. That will be an end to the matter. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122157-debtweary-connaughts-success.html

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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Mad as Hell! - i understand that you are nervous about the court threat but....

 

i have been to court, it was quite enjoyable if i am honest!!!!

 

plus there is very little chance that you will ever have to attend court. even if you did have to attend, you will have no end of members on this site who will not only assist your defence, but will actually go to court with you.

 

anyhoo, if you send a CCA request which is not responded to, court action is out of the window. no CCA, no proof that you are in debt

 

sorry DCA's, but thats what it boils down to. unnnnnnnnnnlucky!!!!!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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One thing I think we all forgot to ask was is the SD for over 750 pounds? Initially all you need to do is file for the set aside at the court. You'll then be given a date for the set aside hearing. It is more than likely at this point that Red will withdraw the SD application as they are aware they don't have a leg to stand on. That will be an end to the matter. Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122157-debtweary-connaughts-success.html

 

yeah it's for £1400 approx!

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Just had a thought guys the SD I've received doesn't have a court stated on it. It just says "your local county court, or combined court" and gives you the telephone number of their office in case I would like advice from them.....so do I do just that to get the SD set aside go to my local court?

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Yes you hand in the application for a set aside to your local court.

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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