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    • OK thanks, I noted them down when I checked the report - 3 have already expired, although if I'm adding the 14 days on then it'll be another week or so for those. The others are; end of July (so into August is that right?), end of August (these two are the big ones) and a couple of grand on Shop Direct at the end of November but seeing as this furthest one is Lowell and they have already missed those first 3 then I feel pretty safe with that one. Are these DN dates on the credit report that dates I should be looking at +14 days when their anniversaries come up this year as the time when I can be sure the debts are SB?  I won't be rushing to send the SB letters anyway until the final one has passed and I can just do them in one fell swoop.
    • pdf's merged and properly named. thread title updated. word fine replaced by charge in post one....they are not fines mere speculative invoices. just type no need to keep hitting quote.   dx  
    • Nice work dx, much what I thought and glad to have it confirmed by the expert. Radio silence remains my game plan, I have been resident in Scotland since birth and although I had moved a couple of years prior to defaulting, all addresses were updated and I am confident all begging letters are coming to my current home address. I appreciate the info that they probably wouldn't get a claim in by Aug anyway - I think I'll hunt out my big box of badness in the next few days just to see if I can find any default notice letters so I can pin down some dates to satisfy my semi-OCD. Much obliged, and unlike some others i will look to update in the future as I certainly intend to send them the SB letter as I like to pull the chains of these types of cretins! Of course i'll be back to confirm the correct procedure if I get any "proper" legal letters other than the usual Overdales toilet paper type of scare tactic.  
    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
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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.  

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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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Threats from A&L


helencaunt
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Just found you- welcome to CAG and dont panic.

 

 

No, paying them will not weaken your claim for a refund, but you dont have to pay them anything that you dont owe them.

 

Its entirely up to you, following the following process will pull the rug from under them.

 

First thing to do is get another bank account and transfer your salary and and direct debits to it.

 

Send them a S.A.R - (Subject Access Request) for all your missing statements going back as far as you like- (I got copy statements from 20 years ago, complete with charges!)

 

Then send them a request for a copy of your original credit agreement. This is known as a Cpnsumer Credit Act section 77/78 request, commonly known on CAG as a CCA-ing them.

 

(If they dont send it to you within 12 days they cant do anything and you dont have to pay them anything until they do.)

 

 

I'll be back in mo with the links for you. Just click them and you will have the CAG template letters.

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SAR template-

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

(Remember to enclose the £10 fee- you would be advised to do this by means of a postal order as it is as good as cash and you will then have proof of payment in the post office reciept- which you MUST keep. Send the SAR+£10 by Special Delivery (costs a bit, but these creeps are playing hard ball, so make sure you have evidence of EVERYTHING)

 

CCA request-

 

your address

date

 

a/c no: xxxxxxxxx

 

 

Sir/Madam,

 

Under s.77 of the Consumer Credit Act you are ordered to supply me with:

 

1) a true copy of the original credit agreement relating to the above mentioned account

 

2) The current statement of account

 

 

 

 

Please find payment of the maximum fee of £1.00 ijn the form of a postal order serial number xxxxxxxxxxxx

 

This letter sent by Special Delivery, tracking number xxxxxxxxxxx

 

 

Yours

 

DO NOT SIGN THIS!!! They are known to cut and paste your sig for fake agreements.

 

 

helencaunt

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Dont forget- as well as all the unlawful charges, you are also entitled to a refund of all the interest levied on those charges from the date the charge was made until the date the unlawful charge is removed. ;)

 

They owe you a lot more than you think.

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"After making this payment, I immediately wrote to them saying that they had no right to enter defaults against me as I was disputing the charges, and requested copies of statements which I didn't have. 2 weeks later, they replied, saying I had no ground for disputing the charge, and no statements. I have now received a letter from a debt collector saying that if I do not pay, they will send bailiffs to my home."

 

 

You are absolutely right.

 

What you should is do a photocopy of this letter and send it together with a covering letter to your local Trading Standards.

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DO NOT speak to the DCA.

 

NEVER, EVER SPEAK TO THEM.

 

Refuse to confirm your identity when they ring but make a note of the times.

 

As you are aware of the SAR, send the CAG template one to A&L.

 

This puts them on notice that the "debt" is disputed, therefore legally they cannot default you until the dispute is resolved.

 

Also send A&L this (modified to suit yourself:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

This puts them on notice that putting default on your credit record would be a breach of the DPA, and that they lay themselves wide open to a claim for damages suffered by you, if they do this.

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I agree, being hassled by a DCA can be intimidating, but the more knowlege you gain from reading this site, they more you realise they are just muppets using a lot of scary letters to try and scare you.

 

They will lie, cheat and feed you BS if they think it work in their favour.

 

What this site has taught me is, it is suprisingly easy to fight back. The law is there to protect you as well.

 

You just need to know where to get help.

 

You've found it. :)

 

Read and read this site.

 

You will find others just like yourself, wiping the floor with these bottom feeding parasites everyday.

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"3, Even if I file against them, surely I'm no better off, because it won't be dealt with because of the OFT test case?"

 

You will be better off because the "debt" will be legally in dispute, so they wont be able to do a damn thing until it is resolved, whenever that may be.

 

Let the DCA and A&L know you dispute it and carry on with getting the statements and file your small claim as soon as you can.

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