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    • yes you can: https://www.gov.uk/universal-credit/other-financial-support
    • thats the point of a LBL!!…. they DONT need any court approvement to enforce it..   as long as the bill of sale has been correctly registered  there is quite frankly stuff and all you can do to prevent losing your car. http://www.consumeractiongroup.co.uk/forum/showthread.php?452164-Log-Book-Loan-Guidance&p=4791345#post4791345 from my notes. [prob same as above! >>>>>>>>>>>>>>>>>> logbook loan repossessions are not always legal,  . if linked to a CCA agreement or if the BOS has not been registered with the high court. . If BOS registered then yes they can reposses,  but have to show registration and debt details. Registration  A bill of sale can only be enforced if it was properly registered.  Since this is an expensive and difficult process,  it is rare that this actually happens.  However, failure to register the bill of sale renders it void,  and so renders any security on goods void. .  Consequently, before allowing any creditor to gain possession of your goods,  ask to see a registered copy of the bill showing the supreme courts seal. .  You can also call the national debt line, and ask them how to search the registry yourself. .  Also a valid DN must be issued. . If linked to a CCA then can not reposses if on private property without a court order  ( but can if on public road and under a third has only been paid ). . Over a third, they need a court order wherever it is. . check for...[BOS] . Not Registered With The High Court In 7 Days not registered AT ALL!  . Credit Agreement Details Not On The Bill Of Sale You should also check that the name on the registration documents  matches the name of the person who signed the BOS On occasions these cars get sold on several times . how to check: . email:QBEnforcement@hmcts.gsi.g ov.uk.[no spaces] . ring:020 7947 7772  . write: QB Enforcement Section,  Room E15-E17,  Royal Courts of Justice,  Strand, London, WC2A ... . ideally you need the BOS number . however they can search by the Reg Number . ...............  also see: http://www.fca.org.uk/firms/firm-types/consumer-credit/consumer-credit-research/logbook-loans ..... Do you have a problem with a Logbook Loan?  With Citizens advice estimating that over 60,000 of these loans were taken out in 2014 alone  an increasing number a causing severe difficulty and distress for borrowers. .  In this guide we explain what a logbook loan is, and how they work.   What you can do if you have a repayment problem,  and what you can do if you have unknowingly bought a car with a logbook loan attached. .  Three golden rules for Logbbok Loans .  1)No matter how desperate you are to purchase a car, or raise cash,  NEVER consider this type of Finance  These loans are designed purely for the benefit of the lenders.  With APRs of 400+%, little consumer protection, and aggressive debt collectionicon practices  they should be avoided at all costs. .  2)When purchasing a used car from whatever source,private or trade,  ALWAYS do a FULL GENUINE HPI CHECK costing around £20,  these come with a guarantee against any form of existing finance, including lbl's .  3)If you have any problem with a Logbook Loan,  your first step is ALWAYS to check that the Bill Of Sale has been registered  with the High Court. You can do this here- .  to check if registered .  Contact Details .  QB Enforcement Section  Room E15-17  Royal Courts of Justice  Strand  London  WC2A 2LL  DX 44450 Strand .  Telephone: 020 7947 7772  Fax: 0870 324 0024  Email: QBEnforcement@hmcts.gsi.g ov.uk .  You may read on the internet that your BOSicon will be void if witnessed by your lbl lender .  Since the OFT( as was) lost the attestation case on appeal by 2 to1 this is NOT the case .  full details here http://www.bailii.org/cgi-bin/markup...method=boolean .  Logbook loans are a form of credit dating back to the Victorian era,  derived from the 1878/1882 Bills Of Sale Acts, with terms and conditions to match in many cases. .  Problems are many fold from extortionate charges by lenders for calling a customer,  to repossessions where owners have been left at the side of a busy road,  unable to get to work, and even sexual harassment via debt collection. .  Poor practices abound, unsurprising when there is no incentive for lenders  to ensure their customers understand the terms or can afford the repayments.  In fact the very nature of this form of finance could be seen to encourage bad behaviour  – why carry out affordability checks if a single missed payments means you get to keep   the money and takeaway the car? . .  How does it work? .  When you take out a logbook loan you will be asked to hand over your vehicle’s logbook  or vehicle registration document, which proves you are the registered keeper of the vehicle. .  You’ll also have to sign a credit agreement and a form called a ‘bill of sale’.  This means the lender now owns your vehicle on a temporary basis  but you are still able to use it so long as you meet all loan repayments.  . These documents are recognised by law in England, Wales and Northern Ireland  but are not used in Scotland. .  The law only recognises a bill of sale if the lender registers it with the High Court.  If it’s not registered, the lender must get a court’s approval to repossess your vehicle.  . You should check if the bill of sale is registered. .  What you should do if you have a repayment problem .  1) check your Bill Of Sale is registered as above .  2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974 .  allowing you fourteen clear days to remedy any default (which can be after one missed payment) .  You should , if your lender will not negotiate a reduced payment, straight away on receipt of the dn .  look to take out a time order. This gains you the protection of the court, which can look into the overall loan-- https://www.nationaldebtline.org/EW/...t/Default.aspx .  What you can do if you have purchased a car with an existing logbook loan .  If you receive a letter threatening to repossess the car or an enforcement officer  turns up at your home to take it, you may not be able to stop them.  . •ask to see proof of their identity and their authorisation to take the car •ask to see the bill of sale document – they have to show you this if you ask for it •if you feel threatened by how an enforcement officer is behaving, call the polic •ask for written confirmation of what has been taken •get the contact details for the logbook loan company. . If the lender has taken your car, you can try to get it back  and reclaim your money from the seller.  However, this can be a costly and time-consuming process and is not guaranteed to succeed. .  If you want to get the car back, you could pay off the outstanding loan  and then take the person who sold you the car to court, to try to get your money back.  .  If you just want to get your money back, you can take the person who sold you the car to court.   Always get independent advice before you decide to take someone to court. .  Some lenders are members of the consumer credit Trade Association (CCTA),  which has a code of practice covering logbook loans.  The code of practice says the lender must register the logbook loan on a register,  so it will show up when you carry out a history check on the car.  It also says they must obey certain rules when they repossess a car. .  If you are unhappy with the way a logbook loan lender or its enforcement officers have behaved,  find out whether they are a member. If so, you can complain directly to the CCTA. However this code is regularly ignored . http://www.ccta.co.uk/content/our-code.aspx .  Finally both the Financial Conduct Authority and the Law Commission are investigating  Logbook Lending  and the associated legislation,  full details here-- . http://www.fca.org.uk/firms/firm-typ.../logbook-loans . http://lawcommission.justice.gov.uk/...ls-of-sale.htm . for anyones info, you must act immediately on receipt of a default notice . What you should do if you have a repayment problem .  1) check your Bill Of Sale is registered as above .  2) the lender must send you a default notice which complies with the requirements of s87(1)cca1974  allowing you fourteen clear days to remedy any default (which can be after one missed payment) .  You should , if your lender will not negotiate a reduced payment, straight away on receipt of the default notice look to take out a time order. This gains you the protection of the court, which can look into the overall loan-- . https://www.nationaldebtline.org/EW/...t/Default.aspx Bills of Sale Act does not apply in Scotland, just to reassure you from the Money Advice Service *Taking out a logbook loan in Scotland*   In Scotland, ‘bills of sale’ cannot be used as security and are not legally binding.   Lenders in Scotland are therefore likely to be operating under different credit arrangements.   If the logbook loan is a ‘hire-purchase agreement’ or a ‘conditional  sale’, your consumer rights and protection under the Consumer Credit Act  1974 will apply. . worth a read http://www.consumeractiongroup.co.uk/forum/showthread.php?472038-ACF-THe-funding-Corp-illegal-repo-now-DCA-Chasing-loan&p=4972172#post4972172 . dx  
    • Can someone please help. I received a money claim and the trial is coming very soon. The claimants are the landlord, sent out a late payment warning letter in 2016, no warning letter has been received since.  I received a money claim against me in December 2018 without a letter before action.  The claimant is claiming breach of contract and they have submitted an agreement with their claim form that I think is invalid because it was created in 2015. We have a newer agreement that was signed in 2016 but the claimants have always denied this.  Today on their witness statement, they have attached this agreement date 2016. Would this make the 1st agreement invalid and would this be enough to get the claim thrown out of court? Any help would be greatly appreciated. Thank you! 
    • Oh dear - Report it as stolen - You better give it to them or else... However if you can tell - I am being sarcastic...    So - Affordability is a prime concern but with LBL - Because they are secured - It is very hard to do a IRR Lending complaint unless they seriously overvalued the car.  What are the amounts they are talking to you about? (Figures)   I dont think there is much they can do apart from enforce through court proceedings for repossession. Thats the only way I think but dont quote me on that...  If there treatment of you has been detrimental and caused sever mental health issues then you can complain to the FOS and also you will be afforded time to come up with a repayment plan.    Where is the Vehicle stored at the moment?
    • I've received a cheque from CS for the loan PPI - £2,238.72. Banked and will give a CAG donation once it clears. Thanks guys.    Also received a reply to the Credit Card PPI that I had queried. 8 weeks since my letter and they have written that due to the high volume of complaints it's taking longer than expected to respond. They expect another 8 weeks to respond of close the complaint. 
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onestressedwoman

onestressed woman - v- egg

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I have a problem with egg

 

In January last year I requested a copy of CCA which was not provided -

 

They then sent me a letter directly asking me to sign a form and return it to them my representative sent them a letter informing them that contact with me directly was classed as harrasment and informing them that all correspondance should be directed to her.

 

In May a letter was sent stating that as they had not provided a copy of any CCA then this debt was not enforcable - to no response

 

However I have now been contacted by Lowells / Hamptons Legal

Demanding payment threats etc continuous calls

 

I have spoken to the company that were representing me but unfortunately the girl who was dealing with my file has left and the new person has not done any work on the file

 

I don't know what to do now as they are telling me that Egg doesn't have to supply me with CCA to enforce debt

 

What can I /should I do Egg as had over a year to supply me with CCA

 

How can they transfer this matter to another DCA?:confused:

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They can't. I would send the following letters to Lowells (amend to suit):

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

 

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Edited by clemma
found a better version of bemused letter

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I should add - NEVER sign any letters, PRINT your name only and send all correspondance by recorded delivery. If they request your signature, file it in the bin.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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My heart is feeling a little lighter with your support !!

 

Even if my rep is not working on my file then at least now I feel I do have support THANK YOU

 

Anyone know if there is a place I can get a perminent assistant to help with my matters as now I am a neurology patient I can not cope with things myself as I don't understand anything anymore

 

Will send that letter see how I get on think they are really underhanded

 

Especially requesting my signature - might be slow now but knew that wasn't right

 

Thank You all advise welcome and NEEDED

 

Smiles One Stressed Woman

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You should ask your local Social Services for an assessment so they can provide someone who can deal with all your correspondence. If you need other help as well you should ask them for that too.

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My heart is feeling a little lighter with your support !!

 

Thank You all advise welcome and NEEDED

 

Smiles One Stressed Woman

 

That's the beauty of CAG :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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....and the letter you need:

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I can't thank you enough

I finally feel I have some help

 

The pre drafted letters are the answer to all my difficulties

 

Will try social services :( too young really !

 

You are truly wonderful people !!! ;)

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Too young? Babies get social work assessments if they need them for assistance -lol. Just a suggestion since you said you cannot cope as you do not know anything anymore.

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No Pinky

Blood Problem little oxygen - after critical illness - no treatment available -

Leaves my husband to do everything poor man

 

Babies ? was always a clever girl now thick as 2 short planks lol

 

Yes many Babies 5 - Cope I can cope with them make me smile everyday but feel I am letting them down use to love racing them home everyday etc

 

Too young been like this for 6 years started at 33 - just when my life was coming together - nevermind have to start again. If I can get someone to deal with paperwork.

 

If debt is not enforcable what will happen to credit rating ?? Will charging order show on report ?

 

Will this affect future purchases e.g got rubbish mobile contract no reception anywhere would like to change provider. Settling for service that is far from realiable.

 

Smiles

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In the event that they have not provided you with your CCA request, they are legal barred from enforcing the agreement at all - this would include the further addition of penalty charges, interest, requesting payment by mail or over the phone.

 

This has been confirmed to me by the Office Of Fair Trading, interestingly this was sent to me with relation to Citi Financial Europe Plc, Citi owning Egg there is a parallel here.

 

http://i26.photobucket.com/albums/c104/telso/1-8.jpg

http://i26.photobucket.com/albums/c104/telso/Image2.jpg

http://i26.photobucket.com/albums/c104/telso/Image3.jpg

 

What i'm going to suggest is that you contact the Office Of Fair Trading to make a complaint, outlining what has happened here, threatenning phone calls and so forth.

 

Additionally enquiring with your local trading standards as to whether they can assist you, this is a document that you are legally entitled to, in the absence of fulfilling their duty they hassled you for payment and instead chose to sell the account which I am pretty sure would be another act of enforcing the agreement.

 

Certainly there are grounds to request that the account be returned to the original creditor as there is a clear dispute - and Egg have not fulfilled their legal obligations.

 

Out of interest was this a credit card account?

 

Any further problems write to your MP to request his/her assistance. If you need help in finding the details of either your TS department, or your MP send me a PM.

 

Think that banks and debt collection companies are simply reliant on people not knowing their rights, as such i'm happy to assist you.

 

Hope this is of help.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Hello

 

Recieved this letter this morning - havent got scanner so I am coping it below

 

Pre Bankruptcy Petition

 

Your account has been reviewed by our head of litigation and due to a number of oppertunities you have been given to enter into a repayment program and clear your balance it has been decided that your acount is to be fast tracked to our bankrupcy division to consider filing a petition at a county court for your bankrupcy.

 

Bankrupcy is a very serious matter Being made bankrupt can have serious longterm implications.

 

If you were to be declared bunkrupt you may expect to:

 

have your situation advertised in the local press and the London Gazette for all to see.

 

Be required to fill in numerous forms and have an extended meeting with the offical reciever and if appointed a trustee in bankruptcy who will throughly investigate your affairs

 

Be prevented from running or controlling any businesses you currently own or being a director of a company for a time to be decided bythe courts or appropriate authorities

 

Lose any rights or benefits you may have to assests such as your home life insurances and any other property you own

 

Lose any rights or benefits to assets you may aquire during the term of your bankruptcy. Such as inheritences insurance settlements and increase in the value of your home.

 

Have your bankers creditors land lord etc immediatly informed

 

Have all bank accounts credit cards etc closed. Anything yo might leasing, or buying on Hire Purchase, such as your car maybe required by the owners to be immediatly returned to them.

 

You still have an option to avoid bankruptcy we will accept a realistic offer from you be it be a monthly repayment plan. Or an offer of full and final settlement. To make us an offer please call -------

 

If you are unsure about the contents of this or your rights we would suggest you seek advice from a solictor and we would also refer you to the website of the Department of trade and industry. www.insolvency.gov.uk/guidenceleaflets/guides.htm-1

 

Yours

 

Chief Operations OfficerGot Dates from my rep today detailed below:

 

28.02.09-Egg card services-account on hold letter

07.04.08-ARC Europe Limited-Chaser requested for signed Consumer Credit Agreement (‘CCA’) enclosing £1.00 fee

07.04.08-Egg Card Services-chaser for CCA and £1.00 statutory fee enclosed

16.04.08-ARC advised us that they are no longer dealing with this matter (incoming letter)

28.04.08-Egg Card Services-chaser for response

19.05.08-Egg card services-chaser for response

19.05.08-Egg card services-chaser for response

09.06.08-Egg banking-warning them of OFT guidelines that they should not contact client directly

 

HELP Fretting :(

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Is that from Lowells? Did you send the letter about the account not being allowed to passed on to them as it is in dispute with the OC?? They may have just crossed in the post.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Don't fret.

So have Egg complied with your CCA request?

Who is the letter from Egg or Lowells?

Have you had a default notice?

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Citi who own Egg upto their old tricks, selling on accounts without providing a copy of the executed agreement.

 

I would definately complain to the Office Of Fair Trading, write to them outlining that a request was made to Egg for a copy of your executed agreement under s78(1) CCA but they never complied and subsequently sold the debt, now with regard to what Lowells are doing..... think they'll likely be next in line for a slap on the wrist from the OFT.

 

I'm gonna get some people who are knowledgeable about this kind of stuff on how to deal with Lowell - it maybe to request a copy of the CCA from them.

 

Its likely that this is just a threat-o-gram but considerring its content its probably best to wait and here what others say about how to respond.


Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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onestressedwoman I got your message.

 

As clemma asked, who sent you the 'Pre Bankruptcy Petition'?

 

If it was Lowells have you sent the letter in post #2?


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Lowells sent petition / don't think I've had default notice ??

 

CCA requested in first com. 28-02-08

 

Sent letter today as was waiting for dates from rep.

 

Should I email copy to them now

 

Also questioned the fact that they say I could lose my benefit thought this was protected - and can't afford them to touch my life insurance because no one will give me insurance not even for 20 years

 

Can't believe or cope with This

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No you won't lose any 'State Benefits', you've misunderstood.

 

As you have only sent the letter today Lowells are doing their usual trick of threatening and harassing people. Please don't worry they cannot carry out any of their threats because the account is in dispute and they wouldn't dare go anywhere near a court.

 

Just give it a few days for them to receive your letter & see how they respond. As I said, please do not worry because we can easily sort them out;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Agree with cerberusalert. I know this is difficult, but take a few deep breaths and try to relax. We will be here to help you whenever you need it.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Pre Bankruptcy Petition.???????

 

This letter as far as I can make out has no legal standing whatsoever. Its just another scary letter from the Leeds Losers to try to scare you into ringing their telephone threat monkeys, hence all their warnings of what COULD happen IF they successfully obtained a Bankruptcy Petition.

 

Before they could even present a bankruptcy petition they would need to properly serve you with a Statutory Demand. Should they do this it will be an easy matter to get it Set Aside by virtue of the alleged debt being in serious dispute.

 

What you really need to do now is make a formal complaint to the OFT about the behaviour of the Leeds Losers.

 

Do not lose any sleep over these people. You will get all the help you need to beat them. They are nothing if not predictable.


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Thamk you SOoooooooooooo. Much

 

Mellowing out now a little not fair they can send these type of letters being disabled cardiac patient effects my health big time !!!

 

What on earth would I have done if I hadn't found this website

 

As i've said before Your Angels :D

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