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    • In short you never communicate with a Debt Collector, they have no power here at all. The snotty letter is only used to respond to a properly worded Letter Before Claim. The only time you would be recommended to contact the PPC is to send the snotty letter. You do nothing but keep the tripe they send you unless you receive a letter before claim.
    • Probably to do with the Creditor accepting the reduced payments claim as part of the IVA. - Thats my guess anyway.  As for the mount outstanding... 60k is incredible and im pretty sure a DRO wouldnt cover that much even after the new legislation.    For you @Alfy - Please stay headstrong and stop worrying. My viewpoint on debt with debt collectors is simple. You are a figure on a spreadsheet loaded into a database for them to run a collection cycle through.  They dont care about emotions or your situation, they just care about paying off their shareholders and trying to turn a profit.  They use varying tactics to increase the pressure on you to the point where you will break. People then fall for this an either cave in to DCAs before doing their own due diligence on the debts that are purchased or turn to IVAs like you have.    They are better ways to handle this and Im glad you feel better after a good nights sleep - I hope you can keep it up. 
    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Is this from Apex enforceable?


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What you received back is more or less is recent Egg agreement, what i think is reconstrude agreement

 

They would need the original true copy of the agreement for any court action

 

you can challenge Apex for a true copy of the original agreement

 

have you still got a copy of the agreement when it was first taken out?

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Ive had the same pattern of letters, i got the scary bailiff one, ignored it then it went back to the ''please call us'' letter..

 

I am ignoring for the time being. I have a feeling they might realise theyve bought bad debts and go away

 

They would have to have your original agreemnt to take you to court so i wouldnt worry.

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Got a new one today... red headed Debtor's Notice giving me 10 days or its Legal Action! Continue to ignore or make a small payment now?

 

I don't want a CCJ on my records so was thinking £10 is better than nothing. What do people think?

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Got a new one today... red headed Debtor's Notice giving me 10 days or its Legal Action! Continue to ignore or make a small payment now?

 

I don't want a CCJ on my records so was thinking £10 is better than nothing. What do people think?

 

What makes you think youll get a CCJ ?. Apex may make all kinds of threats in their letters, but to get a CCJ they would actually have to start court action AND win, there is certainly no sign of them doing that at the moment.

 

Making token payments is unlikely to help.

 

Perhaps you should re-read tour letter, I doubt it actually says pay in 10 days or or we will start legal action, i bet theres a few 'mays' and 'ifs' in there ! :) If there deff isn't then you may well be entilted to request all sorts of info. under CPR rules.

 

Andy

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Got a new one today... red headed Debtor's Notice giving me 10 days or its Legal Action! Continue to ignore or make a small payment now?

 

I don't want a CCJ on my records so was thinking £10 is better than nothing. What do people think?

 

Yep, I've had 2 of those really scary red letters!!!!! :rolleyes:

 

I've just ignored them...PT's case is a matter of days away now so we're not far away from knowing if Apex truly have a leg to stand on.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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My account has been passed from capitol one to apex and I have £13000 o/s with them and i am paying £75 a month.just got a call and they want the debt paid in 5 years not 14 as it is. They are giving me a short time to get back to them with I & E again.I am paying them the max but they want more. It has taken 8 months to get the credit AGREEMENT and it would appear it is un enforceable. yet they are still chasing me.

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Riverdoe

 

Tell them they are not entitled to an I&E form, only a judge is. YOu cannot and will not pay anymore so they can take you to court.. (they wont because you are paying and they wouldnt have a leg to stand on)

 

Or

 

Go down the route of account in dispute - and dont pay any more until they produce an enforceable cca. Thats what im doing

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