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    • The OP could call Express to see if they will withdraw the claim if she restarts her claim and just pay the court issue fee.    Then everyone is a winner! 
    • Hi Stormy   I do wish you good luck but I'd urge you not to get over-optimistic about a letter from your GP having any bearing on the outcome of this.  I do not share London1971's view that such a letter will assist you in defending the claim against you - unless you are suggesting that the diagnosis is so bad that you aren't functioning - in which case you probably ought not to be working.  Is your GP going to say that you can't be held liable for a breach of contract, but that you're perfectly OK to continue working and to make significant decisions in other areas of your life?  I don't know.   Also, I'm uncertain where the question of bullying and harassment first surfaced in this thread.  You engaged them on a NWNF basis to pursue a claim for you.  Apparently they contacted (or attempted to contact) you a lot - certainly more than you felt necessary or were comfortable with, and you ended up deciding to discontinue the case.  But were they harassing you?  Again, I simply don't know because I wasn't there - only you were.  Most people complain that they don't have enough contact from their solicitors, not that they are being harassed by being contacted too often.  [EDIT:  I also think most people would associate "harassment" with behaviour that is in some way harmful or damaging to the recipient, and not with a situation where the alleged harasser is trying to act in the other person's interest and to their benefit].    And I'm not sure where the bullying comes from?  They're suing you because they think you are in breach of contract and that you owe them the costs and expenses they've already incurred - and that they cannot now recover from the other party because you decided to discontinue the case.  I'm no particular supporter of law firms but, unlike some people, I don't have "anti-lawyer" as a default setting.  If they've genuinely incurred costs acting on your behalf and in your interests, then I think they've got a more than fair case to recover those costs.  Threatening to sue you or actually suing you isn't necessarily bullying.   I honestly think your best chance of success is questioning the level and extent of costs and expenses they claim to have incurred and try to reach a mutually acceptable settlement.   As I've said before, I'm not intending to be critical of you in any way and I'm really sorry that all this (the original accident, hassle with the lawyers and now them suing you) seems to have contributed to all the stress you have to bear.  I'm really just interested in ensuring that you can see this problem from all points of view and that you don't place too much reliance on an approach that I think has only very limited chances of success.  (But of course - as London1971 has pointed out - there's no harm in getting a GP's letter anyway AND preparing a legal defence like BankFodder is suggesting AND preparing to think about settling.  They aren't all mutually exclusive and you should keep as many irons in the fire as you can.  Use belt and braces and don't just rely on one).   Anyway.  Good luck.  I'm frequently wrong and you may win outright!
    • I would go with the following....please feel free to amend or add.   WITNESS STATEMENT OF Baycloves.pdf  
    • I think it would be prudent to stick with a realistic objective and that is the hundred and £69 which you you can apparently support by means of evidence. You originally said that you could have sold them for four times – £400 and I think this is certainly unrealistic. If you had some official evaluation of the books from an independent source then you would have stood a good chance but as the books have gone, I think your fallback is the £169
    • Hi  I don't have an issue going all the way - The only question I would have would be whether I could expect to recover the resale value or whether it would be best to concede this is unlikely. I can prove to some extent the expected resale value but not as readily as the prices originally paid. 
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KELLOGGS77

Old Marbles Credit Card Debt

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Hi,

 

I have an old credit card debt to Marbles (HFC) of £1400, which if my memory serves me well is about 7 or 8 years old. Every year or so I get a few letters from a variety of debt collection agecies whom I assume are linked in some way. They generally threaten the usual impending egal action, collector visit and provide deadlines. They even every fourth letter offer a reduction in the debt.

 

My instinct has always been to ignore any letters and only concern myself with it if I ever recieved a letter from court, at which time I would pay it. Now this has obviously never happened, however I am still uncomfortable with the letters and concerned regarding my credit file. I work fo a bank (although within insurance) and have personaly had to manage staff through issues identified following financial screening, hence my concern.

 

I want to end his issue, and do accept I probably do owe around £1000 of this debt. I am often tempted to pay the reduced fee just o put an end to it. Can anyone provide me with any direction? I am currently in receipt of a letter from Meritforce and have read a little reagrding statuate debt. Will this apply in tis instance? I have always been orried that if I did try to fight this that I would be acknowledging the debt, and that the 6 year gap might not quite have expired.

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Hello and Welcome,

 

Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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sounds statute barred to me. sending letter informing DCA of statute barred status is not acknowledging the debt ( I understand)

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Many thanks for the response!

 

Would you suggest I just continue to ignore these letters or should I take some positive action to establish that the debt is in fact unrecoverable?

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In what way are they pressing for payment?

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In what way are they pressing for payment?

 

Well the word pressing is probably not really applicable!! I just receive an occasional burst of letters, from a variety of DCA's with the usual threats. I can handle this as long as doing so has no detrimental affect on my credit file (this is my only real concern). If it may I would prefer a more proactive approach to get it sorted!

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Can I get anymore advice please?

 

Many thanks!!

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Hi, KELLOGGS.

 

The only way you will know if your Credit File has already been 'maked' with this debt, is to check it.

 

If you could do this and let us know, we can advise you accordingly.

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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