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    • Thanks for the advice and pointers much appreciated, letter will come from daughter in law but I would type it her up and print it off for her.   The officer told her he could not guarantee it would not happen again like you say I am astounded the Police have time to be stopping a driver who has proved 5 times now that she is legal to be on the road none of it makes sense.
    • We requested evidence for the PCNs and have received this. Where do we go from here?  BW_Legal_Evidence-compressed.pdf
    • Definitely move the cars ASAP, the bailiff will come back and clamp them, don't wait bailiffs can now call on Sundays and most Bank Holidays.
    • What should you do? Totally ignore them. Next time you are there take photographs of Athena's notice at the entrance to the car park plus the position of the others as well as any difference between the T&Cs of their signs. Also a picture of their payment meter as the T&Cs there are often different from the signs. Check with the local council to see if Athena have permission to erect signs and ANPR cameras under the Town & Country [Advertisements] Regulations -they are often online these days. Also ignore any future correspondence from them and their unregulated debt collectors and do not be afraid of ever escalating fees most of which have no basis in Law. The time to come back to us is if they send you a letter of claim where a snotty letter to them may discourage them.Also read other threads on here to get an idea of the numties you are dealing with. One amoeba has more intelligence than all the car parking rogues together. It is still worthwhile contacting Lidl even without your receipt and especially where you have a record of regular visits to them.
    • First, I'm a bit surprised that your local police force has the manpower and time to waste chasing up a complaint from a member of the public that a motability car's paperwork may not be in order, bearing in mind that most forces can't be bothered to follow up reported burglaries, if stories in the popular press are to be believed.  But if that's what the police officer has told you, that's what he's told you.   If you want to follow up his suggestion to make a complaint, check your local force's website for how to do so.  Or (bearing in mind the history of problems that you've had before) write straight to the Chief Constable (website again).   Simply say you want to make a complaint about the number of times your daughter (or whoever) has been stopped by the police for no apparent reason.  Give a list of when and where this has happened and what the outcome was (presumably that the police took no further action).  I would also add that in the latest incident the police officer actually suggested making a complaint about the number of stops.  Not only do you (or your daughter or son or whoever it is) find this police action to be extremely distressing, but you also consider it a waste of scarce police resources.   Ask for an explanation as to why this keeps happening and ask for an assurance that the police will stop doing it.   You may also want to add (see what others advise about this) that the police officer in the latest incident also told you that they had received a call from someone saying that the car's paper work "might not be in order".  Say that you are concerned that whoever made this false allegation is wasting police time.  (You may want to think carefully about this as it may not improve your daughter's relationship with her neighbour!  If the allegation came from the neighbour.)   Those are my initial thoughts but it's a bit late to be thinking clearly.  See what others suggest rather than just relying on my suggestions.   [The letter really needs to come from your daughter (or whichever family member keeps being stopped) and not you, unless you can make it perfectly clear in the letter who it is that is being stopped etc. and that you are complaining on their behalf.  Is that clear?]
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Hopster

Hopster v Egg

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Responding to PM.

Hi easy mistake to make

 

 

Yes SAR to OC, and if you haven't done so a CCA to the DCA.

 

I need clarity on Statute Barring and if I can get it I will be hugely grateful !

The Creditor or his agent has contaced me mases of times during the last six years, I have never admitted the debt and have ony made a payment of £10 for SAR which I didn't get. I have made contact thro' a solicitor but have never admitted the debt - any ideas ?

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I need clarity on Statute Barring and if I can get it I will be hugely grateful !

The Creditor or his agent has contaced me mases of times during the last six years, I have never admitted the debt and have ony made a payment of £10 for SAR which I didn't get. I have made contact thro' a solicitor but have never admitted the debt - any ideas ?

 

What was the nature of the contact through the solicitor?

 

The other stuff you mention has no effect on Statute Barring.


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I asked a firm of solicitors to take on the Marlin/Egg set up to see whether the Credit Agreement was unnforcable or not

- letters to Marlin for example asked for a true copy of the CCA which they failed to supply.

 

It appears that i now have two choices

- to pay up or engage in settlement negotiations or do nothing and wait to see if they enforce the agreement that I had with Egg

the outcome of which is likely to be that the judge finds for marlin which will then include interest etc.

 

Statute Barring may be an answer

- where can I find the definitive description of Satute Barring.

 

Can you please explain why the other stuff I mention has no bearing on SB ?

Thanks

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On a loan or credit card, Statute Barring in England and Wales is 6 years from the Cause of Action and with no absolute acknowledgement of the debt in writing. This would normally be six years from the date a payment was due but not made and after which no further payments were made. The time limit in Scotland is 5 years.

 

SB in England in Wales means that court action will not succeed as SB is an absolute defence. It is also an absolute defence in Scotland but they have the added bonus that after the 5 year period the debt is extinguished.

 

As you appointed a solicitor to deal with stuff on your behalf and they were acting as your authorised representative, whether their letters would be an acknowledgement of the debt would depend on the wording used.

 

Do you have your own thread running on this issue?


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own thread created for you hopster

 

 

dx


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Thank you for creating this thread for me.

Hopster

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I thik that I may have stuffed myself = in May 2011 I offered a figure in settlement of the" alleged" debt = I didn't admit to the debt but wanted to end the matter once and for all.

?

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is the debt still with EGG?

 

 

is it on yourcredit file still?

 

 

is the agreement enforceable?

 

 

have you sent the current owner a CCA request?

 

 

without an enforceable CCA

 

 

the current owner can do nowt

regardless to the SB status


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1. Now with Marlin

2. Yes

3. I don't know

 

4. Yes. the solicitors sent one and received 2 reconstituted copies of my CCA which are not identical.

 

 

The solicitors are no longer on the case.

 

 

The reconstitued agreement supplied by Marlin appears to have been constructed

using theinfo/data supplid by me when applying for the card.

 

 

This might be good enough if you take the case of Carey v HSBC where a reconstituted agreement

satisfied the court apparently.

 

 

The solicitors that were acting for me reckon that if the reconstituted agreement were to be placed

before a cout it is possible that the court would find that Marlin had complied with section 78 request

and that the agreement in enforceable - this brings int play court costs and INTEREST. !!

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if this is pre apr 2007 then they'll need the signed agreement

 

 

no ifs or buts

 

 

dx


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The beginning of 2006 is when the agreement with Egg started. it has gone around the wrekin with several Debt Collectors since it was terminated (with 161,000 others) in 2008.

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The agreement was arranged on the computer - nothing signed as such. I ticked the box to comply.

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ok

 

 

so is anyone actually chasing you?

 

 

dx


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yes - Marlin - received a letter from them in August 2014 demanding outstanding amount.

 

 

Prior to this an identical letter in February 2014 and

 

 

prior to that one in August 2013

 

 

Incidentally I did NOT send an offer in May 2011 as I had originally thought (see earlier message).

 

 

I am tempted to send them a statute barred letter.

 

 

The only payment to them was £10 SAR request which was never answered.

 

so is anyone actually chasing you?

 

 

dx

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no debt this way just helping.

 

 

what is the defaulted date in the summary of the debt on your credit file?

 

 

dx


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Default notice from Egg dated August 2008. I don't know if there is anything diffrent on my credit file - I will see what I can find.

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I have just checked and there is a default date on my record of about half of the balance dated March 2009. Is this of any signifiance ?

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so march next year it is removed totally.

 

 

ideally it should be the same ish date as the DN you got.


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Sorry - what is removed and wh plese ?

Do you think that I should send marlin a Statute Barred letter in view of previous messages between us ?

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Default notice from Egg dated August 2008. I don't know if there is anything diffrent on my credit file - I will see what I can find.

 

 

The Date on the Default Notice has no relevance to the actual Date Defaulted as shown on credit files, this date is the one that governs when the entry is removed from CRA files paid or not on the 6th anniversary of said date.


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You said that in 2011 you offered a payment in settlement of the debt. That in itself could be construed as an acknowledgement of the debt.

 

You then say you didn't do this.....which one is it?

 

Also you need to consider what language the solicitors used when they were in correspondence....I mentioned this above.

 

You might be lucky and get away with a claim of SB but personally I would want to be sure. It would, however put the onus on them to show that it is not SB.

 

Also consider what dx has said about the enforceability aspect.


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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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No

- I did not make an offer to settle the debt

- that was another case that I am sruggling with !

 

 

I repeat I did not make an offer to Marlin/Egg/Barclaycard.

 

 

Sorry for the mix up.

 

 

The only payment made ws for an SAR for which I didn't receive an answer.

 

What is the best way of putting the onus on them to show that it is not SB ?

 

 

Is there a standard letter on the forum somewhere ?

Thx again

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There is an SB letter in the CAG library. By sending it you then await their reply. They will either agree that it is SB or they will not. If they don't agree they may provide their reasoning. If they don't provide their reasons then you get them to tell you why they think it is not SB.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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No

- I did not make an offer to settle the debt

- that was another case that I am sruggling with !

 

 

I repeat I did not make an offer to Marlin/Egg/Barclaycard.

 

 

Sorry for the mix up.

 

 

The only payment made ws for an SAR for which I didn't receive an answer.

 

What is the best way of putting the onus on them to show that it is not SB ?

 

 

Is there a standard letter on the forum somewhere ?

Thx again

 

 

 

Hopster, can you clarify which of the two dates you refer to as default date an a default notice (2008 &2009) is the default date shown on your credit files??


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