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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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Gixermark

Deposit help please?

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Hi All

New to the forum so 1st posting.

 

I have a funny one here : Last September ( 2008 ) I had a rare motorbike for sale via e.bay, using the auction side of it. The eventual buyer was a gentleman from Holland who I managed to make contact with 24hrs later. He made it clear he wanted the bike and as a guarantee after some persuasion paid me via paypal a deposit of £150 and said he would collect the bike the following week.

He never made contact with me and despite lots of e.mails, many failed telephone calls ( sometimes I would manage to talk and he would confirm he was still coming over ! ) after some 5 weeks of waiting I eventually tied him down and he was very apologetic but said he had changed his mind / couldn't afford the bike !!!

Obviously having been strung along by this I was very annoyed. However, I did mention in an e.mail I would pay him his deposit back less cost's on my behalf as I was a man of my word. Speaking to work colleagues / Friends they told me not to pay as he has gone back on all words with me and I failed to sell the bike.

The Dutch man finally mentioned he was currently looking at another bike and would contact me in due course for me to pay the deposit on this bike ( No, I'm not making this up ! )

Ok, it is now the 28the July 2009 and out of the blue I received an e.mail from this guy, asking how I am but more importantly asking where his deposit is !

I'm not after the moral side of this story, but would ask for advice on the legal side of this ........... Am I legally bound to pay this deposit back or not???? :confused:

Really appreciate some advice on this problem please, Many thanks ..... ;)

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I would imagine legally you do have to give it him - but have a got this bit right? He wants you to pay the deposit on his behalf for the new bike?? i.e. you would send the £150 to another person??

 

If so that sounds like a [problem]

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The deposit he wanted was for a bike he was looking at last October .... 2008!

 

Don't think it was / is a [problem] ........... think he was a dreamer who wanted something he couldn't afford. If he had been man enough and let me know I would have paid it back there and then but what annoys me he wouldn't give me a straight answer. He kept saying the flight was cancelled, his brother was ill, he had to stay to look after his horses etc etc. So I kept putting other buyers off holding the bike for the Dutch guy, obviously loosing sales to these potential purchasers.

 

I have been told just not to reply to any e.mails / answer any international calls which I think may be the way I will deal with this .....:rolleyes:

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