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    • Good evening. Hoping to keep this short and concise. Any help really appreciated! Sent originated from council tax in 2019.  I moved address for a new career 240miles away in December 2019 and have lived here ever since.  A distant friend resides at previous address.  A CCJ was filed regarding this debt in January 2020 but no correspondence was received my end or at the old address.  Move forward to this year; early April I learn of a letter received from Bailiff - Notice of Enforcement dated 13/03. Stated I had ten days to settle a payment/payment plan or £75 will be added after ten days from 13/03 and bailiff instructed to visit.  Obviously I was unaware of this letter till well after the time period passed. Attempted to contact Dukes via email but zero response. Asked for breathing space in order to check the original debt with the respective council (I wasn’t awarded a week of Housing despite being on UC for a short period due to a contract date given by the old employer).  29/04 a note was left at the old address stating a bailiff had visited. New balance £310 more than original outstanding.  I’ve since contacted both the council and the bailiff agent to state I’m more than happy to settle the original debt over a payment plan but at this stage they will not remove the fees despite all correspondence not being sent to me and obviously me only seeing them much later than one would have expected.  Tried live chat today with the company and firstly was told the fees will remain because I spoke to the enforcement agent - I have never spoken to him/her.  secondly told the fees would remain because “I tried to use their web chat service to complete an income form” - I have zero recollection of doing this and I also wonder if it’s another tactic? any help on where I stand with the fees added would be incredible. Thank you
    • the evidence you have from Mercedes is perfect. simply write to both the finance company and the dealership that sold you the car, stating under the consumer rights Act 2015 should a fault appear outside of 6mts, it's for the consumer to prove the fault was present at time of sale. Please find enclosed a copy of said report from Mercedes at XXXX stating quite clearly that the windscreen was replaced on Date , some xxx months/years BEFORE my purchase on DATE. there is a bill to pay of XXX to XXX , i expect you to sort this out between yourselves , i am not liable for this. something upon those lines anyway.  
    • Not really. I just wrote it based upon my credit file data with screenshots and stuff.  Also referring to multiple data points. You need to read before sending or writing it.    I have plenty of experience in this stuff so takes me half hour to write something like this. For you itll take an afternoon probably. An additional day with it on your CRA wont cause a problem.     Reference Material; ICO Credit File Guide - https://ico.org.uk/media/your-data-matters/documents/1282/credit-explained-dp- guidance.pdf ICO Main Page For Credit - https://ico.org.uk/for-the-public/credit/ CMF Limitation Act 1980 - https://www.checkmyfile.com/articles/the-limitation-act-1980-and-debt-time-limits.htm Gov Limitations Act 1980 - https://www.legislation.gov.uk/ukpga/1980/58/2023-11-18 (Latest Version) Transunion 6 Years - https://www.transunion.co.uk/consumer/credit-report-help/how-long-does-information-stay-on-my-credit-report-for Equifax 6 Years - https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/Howlongdoesadefaultedorsettledaccountstayinmyreport Experian 6 Years - https://www.experian.co.uk/consumer/guides/defaults.html#:~:text=A default will stay on,you still%20owe%20them%20money
    • Thanks fkofilee , by any chance is there a templete for guidance that i could use to help me write the complaint?
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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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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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Tower Investigations.


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Originally Posted by wezi viewpost.gif

Sorry guys dont even know if i'm in the right room. recieved a letter from TOWER INVESTIGATIONS today saying they are acting on behalf of their client and to ring the free phone number.I did and was hit by the answer phone.( which having read some posts on here after i rand when i came in from work) is quite the norm. I dont have any outstanding debts to anyone except to Capitol one which is about £350. i dont have any othere credit or store cards or loans and haven't had for about 8 yrs at a guess. suggestions on how to handle this would be appreciated. at time of posting this i have not had a phone call from them yet.cheers for any help.

Hi wezi,

 

Sounds like a typical DCA phishing expedition.

 

The best thing for you to do will be to start your own thread, so your case stands out, and people will find it more easily.

 

Go here -

 

http://www.consumeractiongroup.co.uk...tion-industry/

 

and use the button in the bottom left corner.

 

SH.

 

 

 

 

so this is what i have done. any body got any suggestions. this is all new to me. ps i serache their phonenumber on bt and checked their local code.I ts shows as london outer area. Hmmmm office addressin huddersfield,west yorkshire.

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If there are no identifying account numbers on the letter, or anything else that will identify what it might relate to, I would send them this -

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear xxxxx,

 

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.

 

As I have no knowledge of this alleged debt, I demand that you prove your entitlement to enforce it. No further correspondence will be entered into unless you can prove that this alleged debt exists, and that I am indeed the debtor.

 

As your letter of xx/xx/xxxx already puts you in breach of the Office Of Fair Trading Debt Collection Guidance a complaint has duly been filed. Any further breaches will be added to this complaint.

 

Should you fail to comply with my demand for proof, the matter will be brought to the attention of my own local Trading Standards department, as well as the one in your local area.

 

As you have demanded money with no proof of entitlement, you can regard this letter as the initiation of a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply. Should you fail to satisfy this complaint, it will be escalated to the Financial Ombudsman Service.

 

Should you be unable to provide proof that this alleged debt is genuine, then you are in breach of the Data Protection Act 1998 and must cease processing my data immediately. Failure to comply with this will result in a complaint to the Information Commissioner and may result in court action.

 

Also, note that while the account relating to the reference number above remains in strong dispute, you are not allowed to pass it on to any third party. Should you do so, further complaints will be made to the relevant authorities outlined above.

 

I look forward to your reply that this matter is now closed and that you have totally removed my data from your system.

 

Yours Faithfully,

 

xxxxxxxxxxx

 

 

There is absolutely no excuse for any debt collection agency to bother anyone unless they are able to tell that person exactly what the alleged debt relates to, and prove that they are eligible to collect on it.

 

SH

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Hiya folks.just an update on the post i put up yesterday.I rang tower again today and witheld my number and i got through this time. it seems the reason they contacted me is because they have some mail in their mail room that was sent to an address that i lived in approximately 8 years ago. i told him it was probably junk but he says they will forward it to me anyway. I will let you know the out come. Also when i rang i only gave their reference number and was not asked to confirm who i was or my phone number or any other personal details.He even told me the name of the person who had forwarded the mail to them A Simon Giles, who i have no idea who he is. What a strange company.

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Sounds iffy and this is a tracing company that you have to pay for their services so I wouldnlt beleive that someone that no lives in your old address would pay for a company to trace you so they can send you mail!!!!!!

 

 

Ida x

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Evening folks. the saga continues. i have now recieved the mail they said was in their office. it is from global debt recovery. They say they are trying to recover a debt of £242.21 from Lloyds TSB. I cant ever remember having this account.The accoount was apparently closed in 2000 and that they have only just found me by using the electoral roll. I only moved from the area where i lived to where i am no 4 years ago but they couldn't find me in those 4 years in between.?. I told them that i wanted proof that the debt was mine and they told me i had to speak to Lloyds because they had no records only that they were trying to recover an amount on their behalf. I have spoke to Lloyds and after a few calls they told me they wouldn't have any records of transactions anyway as they are only obliged to keep them for 6 years. They were very helpfull and told me that it was globals responsibility to prove what the debt was for and that they would not be getting involved in any way whatsoever as they no longer employ Global as a recovery agency because of the way they carried out their procedures and basically said in not so many words that they didn't like the way the company carried out its business. I have not yet been able to read to them the letter that scabhunter provided on the previous post, but read it to the Lloyds rep in c/s who said that is exactly what is needed to be said to them. He actually said you dont even need to post it to them just inform them of your intentions. But I am still going to post it anyway. Any comments or views would be appreciated. Thanks again. especially Scab Hunter. ps Lloyds told me that the original debt (whatever it was for) Was for £139.50......Hmmmmm

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The debt is statute barred i.e. you have made no payment towards or acknowledged the debt in 6 years (5 in Scotland (please tell us if you are in Scotland as there will be a different letter to send)) or if there is a clear gap of 6 years in making a payment or acknowledging it...

 

Send letter 'M' from here by recorded delivery and dont hand sign.... - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

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Thanks 42 man. No I am in north yorkshire and before i lived where i am now i was in west yorkshire and i am almost sure at the time i was claiming incapacity benefit. So obviously i had to be on the electoral roll to claim that and housing benefit for the address the alleged debt was addressed to.

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Send the letter off, and bear in mind if they continue to harrass you this is the guideline given by the OFT - section 2.14 (b) -

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.

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Should i send both the letter the letter that scab man and 42 man advised in the same envelope as recorded delivery. or should i send them on different days.. Thanks for all your help folks. seriously it really is appreciated.

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  • 3 weeks later...

Hiya folks. Just got back of my hols and there was a letter waiting for me from global debt recovery. Before i went i sent the 2 letters advised by yourselves on 2 seperate days, and the second being sent recorded delivery and unsigned as instructed. And i was happy to read.

 

Dear Mr D***

 

Re: FV-1 (Lloyds TSB) account no. *********** £242.21

 

We acknowledge receipt of your letter dated 14/11/2008 disputing the above debt.

 

We confirm that we have closed our file and we will not contact you about this debt again.

 

Signed with some illegible signature.

So a massive thank you to all on here who posted a reply or advised or got involved in anyway. Sites like this are invaluable to anyone who has no idea what to do or cannot afford to pay solicitors to do the work for them. Once again keep up the good work and thanks again.

 

If ever any of my friends or anyone i meet is in a similar situation i wont have any hesitation to advise them to come on here and speak to yourselves.

 

Cheers. Wezi (DEZ)

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