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Statute Barred - Overdraft - Urgent????


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biddin' for a debt you allegedly owe, thats the best one i have seen for ages. :lol::lol::lol::lol::lol:

 

Just imagine the fun you could have if your bid is successful, you could 'phone yourself up 10 times a day demanding payment, send yourself letters threatening to apply for a CCJ against yourself, issue yourself a SD or even sneakily apply for a CCJ using an address you used to live at. :p

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biddin' for a debt you allegedly owe, thats the best one i have seen for ages. :lol::lol::lol::lol::lol:

 

I know, I just had to share it . . . can't wait to see who actually buys it . . .

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Just imagine the fun you could have if your bid is successful, you could 'phone yourself up 10 times a day demanding payment, send yourself letters threatening to apply for a CCJ against yourself, issue yourself a SD or even sneakily apply for a CCJ using an address you used to live at. :p

 

Maybe I could go as far as to make a complaint of harrasment to the OFT about myself . . . . I feel like I have split personality disorder coming on :D

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find out when the auction finishes, sounds like a good time to try out the CAG sniper. We could do with lot more people sniping at DCAs ;)

 

Apparently all bids need to be received by the 27th July, so should anyone wish to purchase it to set up their own DCA feel free . . . . ;)

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I've got home now and managed to have a look through my file I keep on this debt . . .

 

Some more intresting points about their lack of brain cells arise:

 

This letter from Lowell is from a Kevin Allmark (Account review manager apparently) . . . the letter is offering me a "unique solution to the outstanding debt I have with their client lowell portfolio 1" . . . this is wierd as it's on lowell portfolio 1 headed paper . . . But Kevin Allmark also sent me the last letter on RED headed paper, the one I just sent the statute barred letter back on, where apparently he is collections manager (does he get double the wage??):lol::lol: Cause I would want it !!!

 

I believe it's fair to say when they sent me the opportunity of a lifetime:lol:, Kevin forgot to change the headed paper in the copier machine:lol:

 

Anyway, let the bidding begin call Kevin on 01133086069 should anyone wish to take up the opportunity of harrasing me for an eternity :lol::lol::lol:

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  • 1 month later...

Howdy fellow Caggers :p Hope you're all doing good . . . I feel crazy today in a good way :grin:

 

I'm here with news some exceptionally good, some not so good . . . .

 

The news so far is that BMS have not responded to the statute barred letter in over 3 months, so it's fair to say they've played good and gone away.

 

Now as for Bob (for those of you who don't know this is Lowell Portfolio, Lowell Fiancial, Red Debt collection, Hamptons Legal . . . . such an endless list) I'm still awaiting a response on one of the statute barred letters. I've got the standard we're looking into it reply, but that was 2 months ago and I haven't had anything back yet on the 1, but . . . . . . starting to do a winning dance . . . I've got a letter on the Ebay auction one stating that they agree with me . . . . the limitation act applies and they have apologised for troubling me . . .:grin::grin::grin::grin: I've finally won one :lol::lol:

 

So a massive thank you to everyone who has been supporting me . . . I actually cried when I got the letter . . . then decided to go have a good few JD's instead . . . I can't tell you how good it felt to feel in control for once.

 

But today . . . back to the same old fight . . . Bob has bought another one of my debts . . . I'm sure they have bought all of them and are just waiting slowly to send them one at a time. So Bob own's 3, BMS owns 1 . . . . I think there is only 2-3 more worms to come out of the woodwork !!!Needless to say with my slightly crazy head on now . . . . bring it on :p

 

This one is for HBOS, which I think is Halifax . . . my brain is frazzled . . . your standard letter from lowell financial, instructed by lowell portfolio . . blah blah blah :lol: . . . now the wierd thing about this is if I am right and this would be my Halifax debt then the amount stated on the letter as the balance doesn't match the amount that my credit file shows as a default . . . it's actually less . . . . my default shows around £2k, the balance outstanding on the credit file is £3.5 . . . but this letter is for £1.5 . . . . mmmmmmmmm:confused:

 

It's still statute barred anyway, but why would this be I ask ????? Any suggestions . . . . . apart from the ones where Bob is incapable of adding up even with a calculator . . . . :lol::lol::lol:

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Just a quick one, I've double checked this and am still confused. . . . the default showing on my credit file for HBOS is £2023 back in 2002, the filed up to date bit shows a balance of £3500. The letter from Lowell today claims an outstanding amount of £1500 . . . . . Now this is wierd as my credit file was only checked about 6 months ago, I know it shouldn't be on there after the 6 years . . . . . so who is telling fibs here ???

 

Why would I have 3 different figures ????

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  • 2 weeks later...

Hellooooooooo Again.

 

I need a little help here caggers . . . I recieved the letter from Bob with regards to the HBOS debt, I sent back the statute barred which is showing as being delivered but an POD is not currently available online. Today I've got 2 letters, one sent to my parents address from Aktiv Capitol and the other to m actual address from Lowell again !! Both stating to be chasing for a HBOS debt . . . I only have 1 !! Aktiv Capitol have offered me a 70% reduction and the letter makes out like I've won the lottery and they are the best thing since sliced bread. Lowell state that they will be sending a lovely debt collector all the way from their office on Mars if I do not respond to them . . . . although this letter is dated the 4th from them and I know they had my statute barred letter on the 2nd . . .

 

My question is where do I go from here ???? As I'd say they both don't have the right to chase for the same debt and I'm confused as too how they have very different amounts I owe. Even though I know it is statute barred. Do I write back to both of them with the template letter for statute barred ????? . . . . I'm assuming that Lowell have ignored my 1st one . . . they must have got used to all the other statute barred letters they've had off me . . .

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Make a complaint to your local trading standards & the OFT with regards to their harassment, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

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  • 11 months later...

Hello Fellow Caggers !!

 

I am back !!! Brief reminder is about the basics here, BMS got assigned (paid 1p for) a debt from Barclays, which as I mentioned before became statue barred by their own admission in the letter on 30/06/09 . . . Sent the standard statue barred letter to them (still have the signed POD). . . . and heard . . . . get ready for this . . . . NOTHING :)

 

Now one year on and I have received a lettter from a company called CLARITY (sounds like a health spar) giving me notice that on 30/06/10 Apex Credit Management bought my debt, then passed it onto the health spar to chase . . . :rolleyes:

Being extra polite to me they have asked me to contact them to "discuss mutually agreeable terms" . . . .

 

So my questions really are . . . where BMS allowed to sell this debt ??? . . . . Has anyone every heard of APEX or CLARITY ??????

 

I have a letter which I got from the forum here which I was thinking of sending . . . what do you guys think ??? Also could somebody give me some good points to place in it about selling or buying a debt over 6 years old after being told it was statue barred ??? . . . I will also be reporting them to the OFT

 

BMS/CLARITY/APEX

 

Dear Sir/Madam

For the purposes of clarity and the avoidance of doubt, please take careful note of the following:

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I wrote to BMS on (xxxxxx) explaining that I had no wish to pay towards a debt that was barred by the Statute Of Limitations Act 1980, this was signed for by BMS on (xxxxxxx) A copy of the recorded delivery confirmation is attached along with a copy of the original letter to yourselves.

 

5. I am now of the view that your actions are of pure harassment and in breach of CPUTR 2008 in line with the Office Of Fair Tradings guidance on debt collection.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you as previously BMS, that even if the debt were mine, I would not pay it.

 

7. I am sure you are also aware of the provisions of the Protection from Harassment Act, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

I trust the above is perfectly clear and I now expect you to forward me your official complaints procedures within 7 days or written confirmation that the matter is now closed. Failure to do so will result in me filing complaints with the Office Of Fair Trading, The Financial Ombudsman Service and Trading Standards.

 

I hope this letter makes my position COMPLETELY clear

 

Yours faithfully

THANKS IN ADVANCE ;)

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