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    • Hi Andyorch and BankFodder I have now completed all the steps I just need to have the final approval to submit after checking, I really do thank you all so much and when the matter is resolved I will proceed to send in a donation for all your assistance as I WOULD NEVER have got to this stage without you all at the FORUM
    • GOOSEDALE LETTER  CAG GOOSEDALE LETTER.pdf
    • daughters confirmation   Claim number: 164MC057 Leicester County Court County Court 90 Wellington Street LEICESTER LE1 6HG 23 October 2020                                  MRS XXXXXXXX v GOOSEDALE LTD T/A GOOSEDALE Dear Sir/Madam In accordance with and under Rule 19.2(4)1, I confirm I have no objections that the District Judge allows myself XXXXXXX (nee XXXXXX to be added to the Claim Number 164MC057 in addition to my mother, Mrs XXXXXXXXX I certify and sign this letter to confirm that I am entitled to be added to the claim under the rules above. I also confirm that I would like my mother XXXXXXX to represent me at any Hearings in this matter as Claimant and deal with the issue, proceedings and claim including enforcement.   Yours faithfully    
    • Morning all   Is it possible to reference a case, even if I have no mentioned in my WS?
    • draft order   Leicester County Court County Court 90 Wellington Street Leicester LE1 6HG   In the Leicester county court Claim, No 164MC057 Before District Judge McClure Dated 23//10 2020 Claimant/s Mrs XXXXXX Mrs xxxxxxxxxxx  (nee xxxxxx xxxxxx) and Defendant Goosedale Ltd T/A Goosedale Draft Order IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant xxxxxxxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1) ###### End of Order ###### Amended Particulars of claim for N1. The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.        
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      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Questions from : Have you received threatening demands for debts older than 6 years?


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you need to advise them it is after the 6 year rule and that you will not pay them.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

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Hi, i'm not really sure if you can help, but i'm going to give it ago anyway. We have recvieved a letter today (5th Dec) stating that my husband owes just over £2000. He has never taken out a loan apart from a mortage. We rang the place he apparantly owes this money to and they said it was a credit card taken out in 1992 at his old address. We have been living at our address for just over 5 years and have never recieved statements or any other letters regarding this matter. He was living with someone who was quite bitter that he was moving out to live with me. We've contacted the police who have gave me this website and told me there is a template I should copy and send to the company. Well I can't actually find it so would you be able to reply with it. Please help!!

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Nice one the police

i will find u the template.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Personally i would send them a prove it letter.

 

They have to prove details of there claim to you that means when the account was open.

 

 

Dear Sir/Madam

 

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 I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

Ammend to suit your needs but NEVER sign the letter and NEVER call the company ALWAYS send buy at least recorded delivery.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Aktiv Kapital are trying to chase a debt from 1997. No payments or acknowledgment from me since 1999. I have sent the statute barred letter. Silly, silly Aktiv Kapital :D

 

Although, if it wasn't for this forum, I would have panicked and paid them - so three cheers for CAG.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hello andHelp!!

Please bear with me this is my first post on these forums. Within the last two weeks I have recieved a letter from a company named Advantis Credit demanding payment of the sum of £487.50.They say they are acting for Phoenix Recoveries Ltd, Sarl who in turn are in tandem with SDFS(Littlewoods).I have no idea where this has come from,but am informed that this dates from 1996/8. We are both Pensioners and have now had our Christmas ruined.Just today,we had a phone call from Advantis on this matter.I have asked for details of this so called"debt"but have come up against a wall.

Please!! some guidance or advice, can you help?What rights (if any) do we have:evil:

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If you have not made any payments, or acknowledged this debt in writing, within the last 6 years then it is statute barred. Send the letter:

 

Dear Sir/Madam

 

Acc/Ref No

 

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

 

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.”

 

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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against 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 statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

Adapt to suit. DO NOT sign the letter, just print. Also, DO NOT speak to them on the telephone. Put everything to them in writing.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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If you have no idea where this debt is from, send the following letter, instead of the statute barred one:

 

Dear Sir/Madam

 

Re:− Account/Reference Number

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

You need to send a £1 postal order with this letter (do not send a cheque).

 

Which letter you send depends on your circumstances. If you know nothing of the debt, send the above letter. If you know of the alleged debt send the statute barred. Whichever letter you send, put in capitals, at the beginning of the letter I DO NOT ACKNOWLEDGE THIS DEBT.

 

Remember, do not talk to these people on the phone. DCA's are bullies, and are trained to use tactics to make you pay the "debt". If they phone again, just refuse security questions or hang up.

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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clemma!!

Many thanks,friend!.I fully intend to set this in motion immediately,feel much better already.Will inform forum of developments,

Happy Christmas to all.

 

Your welcome. Hope your Christmas is now happier without this hanging over you. :D

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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you don need to send a cca if your saying its SB.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 weeks later...

recieved a letter tody from a company saying i owed 1200 pounds to a credit card company, i have never had a credit card with this company, indeed it is only this year i begrudgingly had one, they say it was from 1999, but t that time i know it wasnt me, as i was working in Germany at the time, the women on the end of the phone, started to ask me personal information, which i did not give, i dont give out that sort of information over the phone or online, it seemed they had very little information,can someone tell me what to do, in case they come back to me with this,

many thanks for your help

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yep u need to open your own thread so it does not get mixed up within this one.

 

Then u need to repeatdly say

 

Everything in writing please

 

Sometimes u may want to drop the please and use attitude.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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clemma!!

Many thanks,friend!.I fully intend to set this in motion immediately,feel much better already.Will inform forum of developments,

Happy Christmas to all.

 

Hello! Further update of progress(or lack of)from Advantis credit. Having posted off Statute Barred letter on 19/12/08,I this morning 9/1/09,recieved their reply.

"Thank you for blah blah blah"we have been unable to contact you by telephone and ask you to contact us on Advantis Priority Line to arrange a Payment plan(Yeah Right).Also provide us with an current contact number so we can contact you when necessary.

If we do not hear from you within 14 days of the date of this letter we may commence legal action against you.

 

Yours blah blah blah Advantis Credit Ltd.

-------------------------------------------------------------

 

It seems that they have completely ignored the contents of the Statute Barred letter,and the last paragraph of their reply surely is a continuation of their threats.

 

I will now report this to the relevent authorities. To do this who do I contact?

Needless to say I will not be contacting them on any of their reply.

Does anyone think I should send the second template letter asking for for a CCA,at this stage,and if so would it be an acknowledgement of the alleged debt.

 

Regards.....

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i would inform OFT AND YOUR LOCAL TRADING STANDARDS.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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i would inform OFT AND YOUR LOCAL TRADING STANDARDS.

 

Ok G M!! Will do.

Contacted the financial Ombudsman,who E,mailed me back suggesting that I should give advantis a chance to investigate my complaint in house,in the first instance,through their complaints procedure. Bit of a waste of effort in my view.

Have you a link for the OFT.No problem for my local branch.

 

Many thanks...............de 73s.

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  • 3 weeks later...

I believe that this depends upon the debt that they are chasing. me and my husband are being pursed for a debt dating back to 2000 in relation to a repossession of a house that he had with a previous girlfriend.

They are chaing and have been chasing the shortfall £10K for the building society. They are attemtoing to put a charge on my house which I now share with him but the debt is not mine. had lots of threats the recent one being they MAY force the sale of the property once the charge is on!!! what a joke, they cant its mine and I am nothing to do with the debt. But the solicitors advised me that they had 12 years to chase this debt hence the order as they are unning out of time.

 

Tracy

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Hi Can somone advise please. I received from EDF a bill for electricity for £602.90 out of the blue when I thought I was with NPower. I wrote several times to EDF, but EDF totalling disregarded my lettters, and finally a solictor letter arrived demanding payment. I reported this to Consumer Direct who contacted EDF.

I received an email from EDF stating the debt was built up from 2001 to 2003. At this point my meter was changed to prepayment meter and the debt was to be loaded at £8pw but the debt was never ever loaded from the meter.

I emailed back asking for EDF asking who was supplier before EDF?

Which supplier changed my meter?

How was I informed of the debt at the time of the new meter?

Who was supposed to load the meter at £8pw?

Who was my previous supplier?

EDF state they were not informed by who that the debt was not being taken from the meter yet EDF are saying they were my supplier

EDF state that on July 08 I changed my supplier from who? and I need sight of the paperwork confirming it.

I received an email back from EDF stating that EDF suppied me with electricity from Oct. 01 to July 08. During the period of Oct 01 to Nov 03 a debt of £602.90 was built up and by fitting a prepayment meter and loading it ar £8pe they would collect at £8pw. But the meter was never loaded they state and therefore the debt ws never sent to the key. They say that if I had contacted them direct they would have noticed the debt and load the key.

EDF have sent me a new key but I have refused to use it and still use my old original key. When I top up my electric key it says Quantum System not EDF energy.

 

Does the stature of limitation act come into this?

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yes it will do

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Hello and Welcome, Brian.

 

It has been known for some signatures to be 'lifted' and replaced somewhere else ;) (Allegedly)

 

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 2 months later...

EXCELLENT WORK BY THE OFT AGAINST A DCA

See the latest action published on 21st April 2009 and valuable OFT opinions to cite to other DCAs and the County Courts.

http://www.oft.gov.uk:80/news/press/2009/44-09

“Under the Limitation Act 1980, which applies to England and Wales, a debt is considered to be statute barred when no payments have been made against it or where it has not been acknowledged for six years. A statute barred debt cannot be legally recovered. Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in our Debt Collection Guidance

Quote from the OFT MACKENZIE HALL PDF document:

“REQUIREMENTS IMPOSED BY THE OFT REQUIREMENTS RELATING TO:

MACKENZIE HALL LIMITED

A debt is considered as in dispute where:

A request under section 77 or 78 of the Consumer Credit Act 1974 has not been complied with, and this prevents the agreement being enforced without the permission of the court”

I suggest that the above reference to ss.77 and 78 of the CCA 1974 is a very strong endorsement of the rights of consumers to be provided with true copies of Regulated agreements.

HTH

Regards – Richard.

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Hi Richard,I think that it might!Do you think that this will help in having the OC's who have placed defaults on the account internally and with CRA's to have them removed?I haven't had time to read the PDF in full but are Mackenzie Hall looking to appeal or do they not have that right?Thanks a bunch,BB

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