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    • Hi all,   Could any of the site team (or experienced site membes) give me any guidance on the above defence .   I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time   Many thanks in advance x 
    • Sorry but sounds like early days if CWD and lately IDR. Been dealing with this since 2009 and still going on as well as those crazy collection agency’s in Dubai also still emailing to this day.    I set up a special email account where I have everything from CWD, IDR and all others so it’s all in one place and the laws that have been broken.  Upon discussions also with R. Sterling at detained in Dubai its also been helpful.    Currently with the FO with my complaints against the attempted collection of debt in the UK when it has not been passed through the correct channels regardless of what is in the T&C.    Personally I would not pay any ting until as people know that debt has been passed through the correct manner of courts in the UAE or indeed purchased by a UK company which then I will be happy to defend given the laws here and whT I have available.    Make sure to ask for everything when the time come all statements, extra charges terms at the time of supposed signing etc !    Listen to the team also 
    • I'm sorry the CAB have given me some terrible advice in the past, and some others on here.  Please do as Andyorch says above. do not use Moriaty's forms.  Do not fill in ANY income and Expenditure for Moriarty. They have no more right ot demand that from you than I do.
    • Why are you considering Bankruptcy...they have not even issued a court claim yet ?    Its vital you use our forms provided in the link ...not the ones Moriaty have sent you.
    • Its already statute barred in my book...the Statute of limitations is quite clear...its just that the Judge in this recent case with PRA is trying to move the goal posts for his DCA chums by stating the period of limitation begins when the creditor issues a default notice and the 14 days have elapsed...that is what he classes as the cause of action...not the fact that creditor have failed to serve a DN in over  8 years..decides to serve one now which in effect makes the statute barred limitation period since last payment 14 years.   The Limitations states that the period of six years starts with no payment or acknowledgment within 6 years from when the cause of action accrues ...accrues being the operative word...the Act does not state accrues starts from the issuance of the defect notice, .....it as always been the cause of accrues from the last missed contractual payment...thats what determines the cause of action.   But the CCA1974 states that a creditor is not entitled to enforce an agreement until a valid default notice is served...so this Judge in his wisdom has tried to fuse the two acts together...which is obviously nonsense.. he has not allowed for creditors who serve the notice late or not at all.
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Hopster

Hopster v Egg

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2009 is the date on the crdit file

In that case I think it would be unwise to send the SB letter at this point.

 

 

The default date March 2009 that to be certain the SB date is March 2015, however this depends on two points.

 

 

1. There has been no payments made in that 5 year period.

2. There has been no unequivocal written acknowledgment of the debt in the six year period.

 

 

However if you can prove the date of the last ever payment, (which could be up to 6 months prior to the default date). You could claim the debt became SB 6 years from the date when a payment was due and not made after which no further payment/acknowledgment was ever made.


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With the greatest of respect Brigadier you and the Site team are not singing off the same hymn sheet re. SB. Site Team - Would you agree with this ?

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With the greatest of respect Brigadier you and the Site team are not singing off the same hymn sheet re. SB. Site Team - Would you agree with this ?
?

I do not understand your post?

Has any member of the site team challenged or disputed the advice given?

 

 

Contradictory statements made by you have " muddied the waters " here.

 

 

So unless I'm missing something I can see no reason for your "comment".


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it would be better if we saw the letters please

 

 

scan them up.

 

 

typically, marlin normally do something within 12mts.

i'e claimform

 

 

the other thing to consider is this was an online application?

so what you might have is NOT a recon


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Hopster, can we please narrow this down a bit please?

 

You say that you did not make on offer of payment in 2011 so that clears that point up.

 

We need to establish the date of the Cause of Action so to start with, when was your last payment to the account.

 

I have asked this before....what was the language used by your solicitors? Do you have copies of the letters they sent? If so, post them up please.

 

The language they used is important since if they were acting for you as a duly authorised representative then their correspondence could be construed as an acknowledgement.

 

For example, if they used something similar to "We refer to our client's debt with yourselves" or "We write in connection with our client's indebtedness to you" then that could be seen as an acknowledgement.

 

If they used phrases such as "we refer to a debt which you allege our client owes" or "We refer to an alleged debt" then that puts a different slant on things.


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?

I do not understand your post?

Has any member of the site team challenged or disputed the advice given?

 

 

Contradictory statements made by you have " muddied the waters " here.

 

 

So unless I'm missing something I can see no reason for your "comment".

 

 

Did not intend to mddle anything - I thought that eferred to a 5 year period when the 6 year period should apply - sorry.

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Thank you - May I address this early next week - just off for weekend break ?

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I am sorry that I have been with my eye "off the ball" for too long but now I am back.

 

I cannot see anything in the letters from the solicitors acting for me that could be described as an acknowledgenment of a debt.

 

I have still not sent a staute barred letter but have printed ne out this evening.

 

Since our last communication I have now received yet another letter from Marlin,

this time from Marlin Financial Services

"this debt has been passed to us to recover etc"

 

 

the previous letters were all from Marlin Capital Europe Limited

- so it looks as if the action now starts for real.

 

I hate to think of how much interest I would have to pay if I went to court and lost

- doesn't bear thinking about

- even tho the CCA appears to be a re-constituted one

the solicitors have advised that the judge is more than likely to find for the claimant.

 

I think that the Staute bared letter cannot do too much harm in the immediate future

- at least Marlin may come back and say why they don't agree.

 

In the meantime I am fielding regular phone calls from them.

 

Have you an opinion for me to digest ?

 

Best wishes

Hopster.

 

 

 

Hopster, can we please narrow this down a bit please?

 

You say that you did not make on offer of payment in 2011 so that clears that point up.

 

We need to establish the date of the Cause of Action so to start with, when was your last payment to the account.

 

I have asked this before....what was the language used by your solicitors? Do you have copies of the letters they sent? If so, post them up please.

 

The language they used is important since if they were acting for you as a duly authorised representative then their correspondence could be construed as an acknowledgement.

 

For example, if they used something similar to "We refer to our client's debt with yourselves" or "We write in connection with our client's indebtedness to you" then that could be seen as an acknowledgement.

 

If they used phrases such as "we refer to a debt which you allege our client owes" or "We refer to an alleged debt" then that puts a different slant on things.

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I have now sent the SB letter - is anyone interested in any reply that I my get from Marlin ?

 

 

I am sorry that I have been with my eye "off the ball" for too long but now I am back.

 

I cannot see anything in the letters from the solicitors acting for me that could be described as an acknowledgenment of a debt.

 

I have still not sent a staute barred letter but have printed ne out this evening.

 

Since our last communication I have now received yet another letter from Marlin,

this time from Marlin Financial Services

"this debt has been passed to us to recover etc"

 

 

the previous letters were all from Marlin Capital Europe Limited

- so it looks as if the action now starts for real.

 

I hate to think of how much interest I would have to pay if I went to court and lost

- doesn't bear thinking about

- even tho the CCA appears to be a re-constituted one

the solicitors have advised that the judge is more than likely to find for the claimant.

 

I think that the Staute bared letter cannot do too much harm in the immediate future

- at least Marlin may come back and say why they don't agree.

 

In the meantime I am fielding regular phone calls from them.

 

Have you an opinion for me to digest ?

 

Best wishes

Hopster.

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I have now sent the SB letter - is anyone interested in any reply that I my get from Marlin ?

 

 

No-one interested ?

Oh dear.

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simply post it up


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Thank you for responding.

I will advise if and when I get a reply - in the meantime I havereceived yet another letter frm Marlin hreatening further steps. I will try and post any reply to the SB letter - (not sure how to do that !)

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HOW TO UPLOAD DOCUMENTS / IMAGES ON CAG IMMEDIATELY YOU DO NOT NEED 10 POSTS

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IMPORTANT To protect your IDENTITY and ensure you remain ANONYMOUS on CAG please ensure that you do a final check that all Personal Information including Barcodes, Names, Addresses etc. are REMOVED before carrying out the NEXT STEP

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