Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Well, you've highlighted the problem yourself, whatever you decide will carry some risk.   However, I would think the risk of a default judgement & CCJ is to be avoided at all costs and the least worse thing would be to write them a two-line letter with their reference number and your new address.   As usual, any details you can give us on the forum sticky would be useful for the future      
    • That the value I paid for.. 250..  The cctv footage it's archived. 2 of them.. 
    • No copy of signature.. Just a name "jolly"... On tracking no proof of signature 
    • Thanks for the message that is what I thought. In the mean time they have sent another message, below, I can’t follow up with Amazon until 48 hours. But I will go armed.    “Your return period is 30 days with ourselves and then you are covered under the manufacturer’s warranty.”    
    • OK, I found the letter I was looking for:     Dear Sir/Madam,   Reference: [order number]   On [date], I placed an order for a [item] and it was delivered by you on [date].   I have discovered that the [item] has the following problem: [give details].   The Consumer Rights Act 2015 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.    Any returns policy that says I have to cover the cost of returning items must only relate to the situation where I change my mind about the item ordered and not where there is a problem with the item.    I should not lose out financially as a result of your breach of contract and accordingly all costs of returning the item should be met by you.    I also require you to confirm you will arrange for [the item] to be collected.   I look forward to hearing from you.   Yours faithfully, [Your name]
  • Our picks

    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 8 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 12 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
Azuma

Please Help!?!

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4019 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

hey guys,

 

as you'll notice, i'm a newbie here, have read ALOT of the info herin, but have a few things i need some help on if possible, as there is soooo much information on the same types of things, i think i might have confused myself a little :(.

 

so here's the situation:

 

I have recieved a two letters from Lowell Portfolio I, one basically outlines a debt i had originating from a Barclaycard i held back in 2001. on this letter is states that the "credit agreement dated" is 01.10.02 am i right in thinking this is more than 6 years, as such would be statute barred?? i have not made any contact with them or paid anything since around 2002. i am ready to send them a letter denying the debt exists, but needed to check with you guys first as i know you're all experts on this kind of thing :)

 

the other letter just states that the account has been passed to Lowell on 21.11.07,that they have been appointed duly authorised collection agents for the recovery of the outstanding balance. etc etc...

 

can anyone advise me on how i should move forward with this? shall i send the template for debts over 6 years or send a CCA?

 

any help is greatly appreciated as i'm about to become a dad and this hanging over me is causing ALOT of sleepless nights right now.

 

thanks in advance guys, love you all :)

Share this post


Link to post
Share on other sites

id send em the statute barred letter if its over 6 years its definitely statute barred assuming you have had no contact or paid any money etc

Share this post


Link to post
Share on other sites

As long as you have made no payments or acknowledged the debt in writing for 6 years then it is indeed Statute Barred. Here is the letter to send to the Leeds Losers (Lowell),

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “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 CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

 

Edit this letter to suit your needs (eg, put in the account number and your address), DO NOT SIGN THE LETTER and make sure you send it by Recorded Delivery.


:cool::cool: Blondmusic :cool::cool:

Share this post


Link to post
Share on other sites

man,

 

i've not paid them anything for at least 6 years, i'll send them the statute barred letter and see what happens (fingers crossed)

 

thanks :)

Share this post


Link to post
Share on other sites

stat barred and lowlife know it, report them to the oft if they persist


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

Share this post


Link to post
Share on other sites

It might also be a good idea to send a Subject Access Request to Barclaycard. It will cost you a £10 postal order but you will get all the information Barclays hold on the account. Here is the letter for the Subject Access Request if you need it.

 

Data Protection Act 1998

 

 

 

Subject Access Request

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

 

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

 

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

sign your name but put crosses through it so it can't be 'lifted'


:cool::cool: Blondmusic :cool::cool:

Share this post


Link to post
Share on other sites

wow you guys are quick, this gives me the ammo i need for now, they must know it's statute barred but are just trying to play me for a fool right now. i'm sending the letter today and will see what they respond with :) thanks again to you all, amazing!

Share this post


Link to post
Share on other sites

ok,

 

so i've posted the letter outlined in this thread, i can only hope some good news comes of this, if they send me a letter to the contrary i'll more than likely be posting again asking for more advise :)

 

thanks to all who have helped me here.

Share this post


Link to post
Share on other sites

No doubt you will receive something back off them....if anything, a begging letter offering anything upto 60% off the debt if you pay up :rolleyes:

Share this post


Link to post
Share on other sites

Mr.Ton,

 

if this is the case, where do i go from there? just ignore the letter entirely? or respond with a "no thanks you ****" type letter? haha

Share this post


Link to post
Share on other sites

If anyone else could give me an idea as to how this will "pan out" please feel free to comment, i'd like to have this rectified, am i also right in thinking that after the 6 year period the default will be removed from my credit score or have i got my wires crossed somewhere along the way? :(

Share this post


Link to post
Share on other sites

To be honest you are best to leave it and see what they come back with. When they do reply just let us know what they say and we will give you some more ammo to send back.

Edited by Blondmusic
My terrible spelling again!!!!

:cool::cool: Blondmusic :cool::cool:

Share this post


Link to post
Share on other sites

sweet, you guys are truly life savers, i would not have known ANY of this, or even where to start contesting, if i'm totally honest i was going to call them today to arrange a re - payment plan with them today, luckily i managed to find this forum and save my own skin. at least i can sleep easier right now, i sent the following by recorded delivery, let me know if it's ok?! thanks again.

 

I DO NOT ACKNOWLEDGE ANY DEBT WITH YOUR COMPANY

Dear Sir/Madam

 

Acc/Ref No: xxxxxxxxxxxxxxxxxxxxxxxxxx

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “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 CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

Yours faithfully,

Share this post


Link to post
Share on other sites

sorry, don't know why all the text formats were there, here it is again.

 

I DO NOT ACKNOWLEDGE ANY DEBT WITH YOUR COMPANY

 

Dear Sir/Madam

 

Acc/Ref No: xxxxxxxxxxxxxxxxxxxxxxxx

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued."

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last payment of this alleged debt was made over six years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that "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 CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

Yours faithfully,

Share this post


Link to post
Share on other sites

It does that when you use Microsoft Word 2007 (I know i use the same program!!)

 

That letter is perfect. Send it Recorded or Special Delivery to make sure they get it. If they come back with anything after that then let us know on this thread and we will advise you of what to do next.

 

A good tip is to bookmark your thread as a favourite so you can find it easily when Lowells reply to you. I used to have to go through the forums looking for my threads but i have them all saved in my favourites now and they are easy to find.

 

Good luck.


:cool::cool: Blondmusic :cool::cool:

Share this post


Link to post
Share on other sites

haha, thanks, just realised that!? ooops. much appreciated help though! *high five*

Share this post


Link to post
Share on other sites

my Statute Barred letter was recieved yesterday, just awaiting a response, which i will post up here and see if i can anymore advise from you lovely people.

 

i'm not sure they are going to drop this so easily, however being statute barred i suppose they haven't got a leg to stand on, and most people here seem to have satisfactory outcomes, so here's hoping!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...