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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent 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 hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance 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.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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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.

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      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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If you have CCA'd them and not had a response for 12+2 days then your account is in default and they cannot do anything until they supply you with a valid CCA and you have the right to not pay them.

 

The 30 day thing does not exist anymore as it has been changed.

 

If they do come up with a valid CCA at some point in the future then you will have to start paying them back.

 

I personally wouldn't remind them that the account is now in default as they should know that already and by reminding them might speed them up to trying to find one.

 

You would be best to start you own thread so that other members can track it and advise you

 

Hope this helps

It's all fun and games until someone loses an eye :D

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Hello. I have CCA'd M&S Money and received no reply so I have sent them a follow up letter saying that they have a calendar month from the expiration of the twelve working days or they will have committed a criminal offence. The follow up letter was from a template off this site. Is it really a criminal offence ? Will my debt be unenforceable ? Difficult to believethis. On another matter many years ago I had an Amexcard which gave the holder an overdraft of £7,500 with Lloyds bank. That has been picked up by Lloyds TSB and whilst I am paying no interest and pay them £20.00 permonth I have CCA'd them and sent them a follow up letter. The dates are the same and wonder what I am best advised to do if no reply to either letter by 17th November which is the end of the calendar month.
It is not a criminal offence, it is a summary offence, with no penalty other than that they cannot enforce the debt whilst they remain in that position. The debt still remains, they just cannot pursue it.

 

 

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  • 3 weeks later...

Collect Direct UK are phoning twice a day and leaving messages and also sending my OH text messages. (Is her debt btw)

 

They keep saying that we have 48 hours to respond and that has been going on for about a week, lol

 

My little girl answers the phone and always says that my OH is not in. Sometimes they have asked when she will be back and the little 'un tells them to mind their own business!!!!!!:lol::lol::lol: She is only 5 and learning quick !!

It's all fun and games until someone loses an eye :D

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  • 2 months later...

Just been checking through all of the problem accounts I have an updating a few things, and have noticed that on Experian, it shows that a default was issued on 08/08/2007.

 

This did not show up in the SAR, so I am going to write to them to say that they have not complied with my SAR request and request a copy of it

It's all fun and games until someone loses an eye :D

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Hi

 

Just reading through your thread.

 

I am just trying to learn how this all works (trying to save my home and family!) Can I ask you?...

 

Are these people still harassing you?

 

Have you agreed a payment plan?

 

Did they admit it was unenforceable?

 

Thanks

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Hi

 

Just reading through your thread.

 

I am just trying to learn how this all works (trying to save my home and family!) Can I ask you?...

 

Are these people still harassing you?

 

Have you agreed a payment plan?

 

Did they admit it was unenforceable?

 

Thanks

 

 

Hi

 

In answer to your questions

 

1) I haven't heard anything since November 2008

2) I am not currently paying them I do not believe what they have is enforceable

3) They have not admitted that it is enforceable, as they are still hoping that they can scare me into paying them. No chance there btw.

 

Thanks

It's all fun and games until someone loses an eye :D

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Hi

 

In answer to your questions

 

1) I haven't heard anything since November 2008

2) I am not currently paying them I do not believe what they have is enforceable

3) They have not admitted that it is enforceable, as they are still hoping that they can scare me into paying them. No chance there btw.

 

Thanks

 

Why do you think that your M&S agreement is unenforceable ? I have a M & S Money credit card and I am being chased hard.

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Why do you think that your M&S agreement is unenforceable ?

 

Based on what Steven has posted in post #4

 

Also nothing different appeared in the SAR request, which confirms what they sent is all they have.

It's all fun and games until someone loses an eye :D

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Had a letter today from Collect Direct UK saying that they can offer me up to 50% discount and a monthly payment plan.

 

I will post the letter up tomorrow, but they are getting desperate.

 

If they had a valid CCA, then why would they be offering ANY discount instead of taking me to court. Makes you think, doesn't it !!!!

It's all fun and games until someone loses an eye :D

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The person who signed the letter should change his name to Joe.

 

Looks like they know they are stuffed

 

 

Haha, nice one

 

I am waiting for the day they offer me a 99.99% deduction!!! But will still not take them up on it, lol

It's all fun and games until someone loses an eye :D

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I was served court papers for M & S money credit card as a bullying tactic by hsbc solicitors. The documents they wanted to rely on in court were a pre contractual application form, ( their idea of a legal CCA agreement) a blank default notice and 6 years worth of statements. When the going got tough guess who won?? It never made it into court!!!!

Hope this helps!

Willow x :p

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THANKS TOO willow most interesting, i tried to get to your threads and got diverted to other threads, lol

 

anyway do you have an acutal thread of what happened on this m and s one pls, as i feel im heading in the same direction

 

would help a lot of us i think (((SORRY manc - asking for this on your thread)))

 

laters all angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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