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    • @honeybee13 @dx100uk this I what i have now.   Dear Sir, I write regarding the letter that I have received from you and concerning the occasion on when I was reported for travelling on your bus service on 17th January 2020 in Pembridge Road/ Kensington Park Road using another person not transferable zip card.   First of all I want to make my most sincere apologies for my action in this case. I have always been a respectful citizen in every country I have lived in until now and I feel extremely shameful of my very poor judgment in this matter. I take full responsibility of my action and accept that I was in wrong.   Like I have said to the Tfl police at the day of the accident I am an international student. When the event happened it was only four and half months that I was in England and foolishly I haven’t informed myself in regard of public transport regulation, like I did thoroughly after. However I want to clearly state this does not want to be an excuse for my offence, since I immediately understood how wrong I was, it only wants to be an explanation of my ignorance on the matter.   I found that studying in London is not easy at all emotionally and economically too. I have a part-time job to maintain myself since my parents, which live in my country of origin, can’t help me much. Being short of money and away from home tarnished my thoughts and it turned that I took some poor decisions like using someone else’s card that day. I came here with the hope of a better future for myself and I cannot believe that I have jeopardized my dream with my stupidity, thus a criminal conviction will lead to a severe penalty on my visa.   I am extremely sorry for what I have done and in a sign of my goodwill and that I have learned this important lesson I am attaching to this letter a pay as you go card and the statements of my bank card that I have used after and continue to use to pay for my journeys.   Once again I wish to apologize to Tfl service and every member that have been affected of my foolish actions and offer to make immediate payment of the unpaid fare and all the reasonable costs that my actions have caused.   Although I would understand if you want to go further in court with my case, I sincerely hope that you will accept my apologies and my offer to an out of court settlement.   I would appreciate your consideration and I sincerely hope that you can show some leniency in this matter.
    • Didn’t sign any agreement Lloyd’s just put it together. And it was just one single debt, I asked Lloyd’s for all the information they held about me and after they admitted that they had my date of birth changed that this would be updated on the system so I asked for my information two weeks ago and I got a letter telling me that they couldn’t Identify me. I have the email of Fos still yes.  
    • Can you post up the current version of what you plan to send please, once you've made the amendments dx suggested and added the paragraph you mentioned above?   HB
    • @honeybee13I understand. should I cut any paragraph?
    • did you sign a new agreement or anything after lloyds merged everything..? making it all say a consolidation loan?   when did you get this letter from lloyds to go into a branch and ID your self so you could get all the data (SAR was it you asked for?)   do you still posses the FOS letters? and when did you complaint to them?   dx        
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rudy1

Link/MBNA Claimform - Card Debt Poss statute barred **Struck Out**

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1823 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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Dont lose anymore sleep over this please (easier said than done I know) but you have over 170,000 people in your corner now :)

 

Just keep picturing that :)

 

 

saint


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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I hope it is a blooming big corner :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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:eek: ......... what you implying ......... :eek: ;-)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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My dear Saintly, I am implying that in order to fit 170k of people into a corner, it would need to be a big corner. :-)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thought you were but one does need to check occasionally ;-)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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LOL you know me, i call a spade a spade


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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hi haven't been on for a couple of days, my little sister is ill,we've just found out she needs a transplant so at the hospital for last couple of days for tests. , in reality a much bigger thing to worry about.

 

As yet nothing in the post, its horrible.

i see the postman about two doors away and feel phyically sick.

So far, not a good start to the year.

These things are hear to test us!

Can't think of anything else to say

Will keep you updated.

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Sorry to hear about your lil sis rudy :(

 

Tends to put other things into perspective dosent it

 

 

Wishing you well

 

saint


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

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Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Look after your family - as you rightly say a far more important matter.

 

Anyway, what can the postman bring that is so bad? Another snotty letter telling you to pay up which isn't worth the paper it's written on. I know how you feel though - even now I still hesitate before I open the mail.

 

From what you have said the debt is statute barred and there are a lot of DCAs preying on people who haven't got access to advice.

 

I am sure you will let us know when you hear anything.

 

Keep strong:)


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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Thank you, it certainly does. Off to bed, new day tomorrow. Will keep you updated. Thank you so much for your help and support.

 

thanks goldlady and saintly. Your great. night night.

 

We have contact,

Letter states the default date was september 2002 so therefore not statue barred and they will be in contact in due course for proposals of repayment.?

 

spoke to debt line they said this is definately wrong and probably trying it on.

I'm not replying, If they were that confident surely this letter would of been a court summons.

 

They also advised that i could report them to Trading standards and someone else if the letters continue. I've got my gloves on now, i will fight this.

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I think they are wrong too. My understanding of statute barred is the last time payment was made or you acknowledged the debt. I have never actually sought to prove this point, have just read it on here many times. After all they can choose to default it when they like - and in my case I think defaults have been 'renewed' although I have never done anything about it.


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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Its such a weak letter, i will report them the next time they write to me.

 

They are lying, are they allowed to lie!

 

I have really researched this and know it is six years + 1 month from last payment, in other words as soon as payment is late the following month six years ago and no written contact from myself.

 

Wish they would just go away.

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don't wait for another letter - tell trading standards now. The point being that these letters are standard template letters that they've written. I'm sure you'll see a template code on the letter confirming this. This proves that it's their POLICY to send out letters that lie to people when they mention the 6 year rule. In other words it's not an over eager employee going too far. Send it now.

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hi confused78,

how do i make the complaint, do i just phone my local trading standards. Your right, there is a code at the bottom, its just a system automated letter.

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I think they are wrong too. My understanding of statute barred is the last time payment was made or you acknowledged the debt. I have never actually sought to prove this point, have just read it on here many times. After all they can choose to default it when they like - and in my case I think defaults have been 'renewed' although I have never done anything about it.

 

Sorry to butt in on this thread as I have only just seen it!

 

The 6 year 'clock' for the Statute of LImitations actually starts running from a date called the 'cause of action'. This is the day on which a creditor could take legal / court action against you for a debt. This will usually be the day after a default notice expires.

 

You should usually be defaulted on a credit agreement in a 'timely' manner - it's generally accepted that this is when you have missed 2-3 payments. The default shoudl also be registered in good time - generally accepted to be within a month.

 

The onus is on the creditor to prove the debt isn't statute barred but from the information on this thread this particular debt may not be ( yet ).

 

Hope this hasn't caused too much confusion

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hi confused78,

how do i make the complaint, do i just phone my local trading standards. Your right, there is a code at the bottom, its just a system automated letter.

 

address/number should be in your yellow pages or use this website

 

Find your local Trading Standards office : Directgov - Do it online

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Well totally confused now, National debt line web sites and other web sites say something totally different to Powelll. What do I do now? I feel like screaming i thought this was Statue barred.!

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well you've paid nothing since January 2002 so ten months doesn't sound like a timely fashion in any case. The best advice for you to go on is the official advice from the national debt line - write the letter to trading standards and see what happens.

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Can't take any more today. Need to think about what to do next.

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Well totally confused now, National debt line web sites and other web sites say something totally different to Powelll. What do I do now? I feel like screaming i thought this was Statue barred.!

 

If you look at the letter below ( from the National Debtline factsheet ) it is mentioned

 

SAMPLE LETTER H

 

THIS LETTER IS DESIGNED TO HELP YOU DISPUTE LIABLITY FOR A DEBT WHERE A CREDITOR HAS NOT CONTACTED YOU FOR OVER SIX YEARS AND YOU HAVE NOT MADE A PAYMENT OR WRITTEN ACKNOWLEGING THAT YOU OWE THE DEBT DURING THIS PERIOD.

 

Your Name:

Your Address:

Date

To:

WITHOUT PREJUDICE

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

(Your signature)

 

I'm honestly not trying to confuse you and you would certainly have an argument that the default has been registered too late. I was just trying to clarify the Limitations Act for anyone else looking at the thread.

 

I am definitely correct though; I advise on Limitations on a daily basis :)

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thank you, will that stop legal action, can they go legal if i say i have no idea what this is for? have read other letters on this site where this company (Link Finanicial) say they don,t have to provide aggreements etc. Surely they have to provide document to the court if i defend myself, I have also seen on this site that the company i am supposed to owe (MBNA) are not very good at coming up with the original agreements, any credit card i may have had must of been applied for at least 8-10 years ago? any answers to help me sleep.

 

 

Hi

 

I have had the same problems with link...I sent them a letter and a £1 postal order asking for a copy of the deed of assignment...

 

They told me they did not have to give it me...They then tried to CCJ me...

 

I got the case moved to my local county court....Link have a habit of fast tracking in lambeth so beware...

 

I then said on the papers that....I believe that link did not own the debt as they have not provided me with the dee of assignment...

 

The court granted Link time to do so...they did not comply...CASE THROWN OUT OF COURT last year....havent heard from link since...

 

Link try to bully you with CCJS then go fast track for charging orders....They are trying to make all their debts secured debts...thus their company will be worth more...REPORT THEM TO TRADING STANDARDS AND OFT

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Hello all, I sent the letter powelll has put above. They told me not statue barred because default September 2002 and will contact me for payment in due course!, if i get a county court summons through, can i still claim statue barred and they have to come up with proof this is not?.

 

Can i put more than one defence like i have had no credit agreement, statue barred and the deed of assignment thing lloydspain has put?

 

Surely 10 months is too long to serve a default!.

 

Thank you, i do appreciate your replies even if its not what i want to hear. On the up side lost 10lbs in weight in the last couple of weeks, every cloud!

 

Forgot to ask, Whats a deed of assignment and is it easy to have changed to your local court? thanks

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deed of assignment is when the debt is passed over to someone else ie from OC to a DCA


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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thanks saintly, learning loads at moment.:)

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Hi everyone

Got summons in post today, sent off the thing which gives me 28 days, now what do, do i defend on statue barred, (took them too long to lodge default), deed of assignment? Shall i ask them for credit agreement, haven't got a clue where to go from here. thanks

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