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    • it is also unlawful to change the ownership of a vehicle [or goods] to avoid enforcement action upon them. and this was done after you had already replied to the council regarding the outstanding ticket(s).   be careful upon pursuing a resolution arguing this point.   you could have quite easily changed ownership to gain a parking permit some months previously when getting the first windscreen ticket.              
    • I would start off by sending the bank an SAR. Which bank is it?
    • I agree with you DX100, but N/W don't want to play ball and send a copy of the agreement after 3 requests.  How will this stand if it goes to Court?
    • Sorry if this is in the wrong section as not sure where exactly its best suited.   So, we got the bank statement the other day & noticed 23 separate Xbox in game credit debits for Fortnite for £7.99 each over a 4 week period.  Now the daughter insists she didn't order anything.  And whilst most will say "of cause she would and just denying it etc" well, I'm not going to say I believe her even though I'm assuming using real cash to buy in game credit comes with a clear notification that your using real money (and stating the amount each time) to buy such in game credit.  And whilst I still need to check the Xbox security settings to see if as I think I did, I did set a security pin for purchases a few things are puzzling me on a legal footing and that mainly what I want to ask about.   As the bank statement indicates the card in question is an old card I had replaced and cancelled a while ago, about the time these transactions started.  When I ordered the new replacement I asked for the previous card to be cancelled.  2 weeks later I had to report the replacement card stolen\lost abroad and ordering another again asking for that card to be cancelled to prevent unauthorized use and money being taken from the bank account.   So, in the first instance I've already contacted the bank to enquire how and why they have allowed payments from an old debit card I had replaced and cancelled?.  They suggest that the card was never cancelled when the replacement was ordered and that the old card would remain valid until the expire date in a couple of years time!!!.  I asked them how on earth this can be the case as the replacement card has a completely different number and ordering the replacement should trigger (as per my request) cancellation and usage of said card.  The bank is suggesting otherwise as because the card was valid when setting up Xbox live that the card can always be used even if replaced regardless of reason it was replaced or if we cancelled the card.  They justified this action by saying the payments are continuous payments (similar to direct debit) and that's why they went through and referred me to Microsoft.   I pushed the issue and said they are not continuous payments but single individual 1 off payments that by nature (in game credit) and the number of payments (23 x £7.99) they could never claim them to have been continuous payments as a pre existing agreement for such payments for the game in question would have to exist and have existed when the card was valid which it doesn't.  And therefore these payments should not have been made because they are neither continuous payments and come from an old debit card that was replaced and cancelled.  The bank sort of agreed that these payments maybe are not continuous payments yet are now unsure where I stand.  So I have been referred to there disputes department.   Feeling I'm going to get the same run around on the rights over taking payments from an old replaced card that was supposed to be cancelled, I'm wanting to know what members think on a legal footing?.  As its like the bank saying I can use the same old & replaced debit card details to order items online because its still in date even if replaced & cancelled which I find highly unlikely!.
    • Update: PE has since sent their defence in the post, quite a few pages, but nothing stands out as unexpected/tricky or beyond some of what I've seen in other standard defenses from them (at least based on a quick glance, going to make time to read it in more detail and prepare a response during xmas hols).
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Gotta_Lite_Mac

Nelson Guest & Partners Solicitors

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Hi everyone,

 

Just after some advice regarding this company. Recieved a letter from them acting on behalf of Wescot Credit Services. I've recieved numerous letters from different companies regarding the loan I defaulted on with Halifax, every letter so far has been an empty threat. Is this the case with this company?

 

Last payment I made was early 2008 for £2 as a token gesture over the phone, since then only received letters no verbal communication. Am I right in thinking that if I don't have a face to face meeting with someone or conversation on phone in 6 years then by law its written off?

 

Cant afford to pay anything at the moment, would prefer them to take me to court and be declared bankrupt. Only defaulted because the insurance on the loan didn't cover me.

 

Any advice would be gratefully received.

 

Steve.

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Hello and Welcome, Steve.

 

How old is the loan ?

 

Regarding the 6 year Statute Barred situation.........

 

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, 6 years

* in contracts under seal, 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.

 

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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Cheers :) .

 

The loan is from either 2004 or 2005, it was for £7000 plus £1500 on top of that for insurance. They are chasing me for £6384.57 but apparently willing to accept 50% for me to settle it now.

 

Was hoping they wouldn't locate me at new address, should of thought of that before signing electoral register.

 

My only worry is that I could lose possessions, it wouldn't cover the amount they want but it's still a worry. First time I've set up my own home, stressful thinking I could lose anything.

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I take it there was PPI on this loan, are you sure it was not miss sold ?

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforceable. If they fail to provide it within 12+2 days they are in default of your request. Send it recorded delivery enclosing a £1 postal order.

 

When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

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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Just been reading the back of the letter from Nelson Guest. It states:

 

Nelson Guest & Partners have specific instructions not to deal with any queries arising from the information in this letter and understand that you have been offered all information needed to enable you to settle this account.

 

Guess i'll have to contact Wescot direct instead

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I have had dealings with Wescot. The solicitors are probably the newly promoted tea boy, and at the next desk to the idiot who wrote to you last time. Maroon has got it right, they will probably run a mile from a CCA request.

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