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    • Djokovic is back in the news - the BBC has cast doubts on the date of his covid test prior to arriving in Australia. They've done some clever research with serial numbers and QR codes but the Serbian public health authority isn't giving information.   And Nadal is a step closer to his 21st Grand Slam title, which would make him the first male player to reach that. He won't be able to compete in the French Open under France's current rules which require all sportspeople to be vaxxed.   Novak Djokovic: Doubts over timing of Covid test WWW.BBC.COM The BBC has uncovered fresh evidence questioning the timing of Novak Djokovic’s positive Covid test used to enter Australia.  
    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Hi,

There is this one:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

Personally, I would ignore them. If they persist, report them via Consumerdirect

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I didn't realise you were in Scotland so no, that letter won't do and I haven't seen a letter apart from the Scottish SB letter

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I would send a further Statute Barred by recorded delivery and keep a copy. If they ignore this one make a compliant about harassment.

Dear Sir/Madam

I refer to your correspondence dated the

I would ask you to consider the following points:

1. This debt has now prescribed under the Prescription and Limitation (Scotland) Act 1973 as the debt has subsisted for a continuous period of five years-

(a) Without any relevant claim having been made in relation to the obligation,

A relevant claim in a consumer credit contract would normally be the raising of a court action-

And

(b) Without subsistence of the obligation having being relevantly acknowledged,

Then as from the expiration of that period the obligation shall be extinguished

A relevant acknowledgement in a consumer credit contract would normally be an unequivocal written admission by the debtor that the debt still exists or by making payments to the debt

We would further advise you that in Scotland unlike England and Wales the debt is totally extinguished and ceases to exist.

Unless you have contrary and irrefutable proof to the above we would ask that you refrain from making any further claims.

You will no doubt be aware that the Office of Fair Trading (OFT) has issued guidelines as to practices which it considers to be unfair. We feel that your continued pursuit of this debt when it no longer exists under the above legislation is a contravention of these guidelines and throws it to question your fitness to hold a consumer credit licence.

It will therefore be our intention, if your activity persists; to report the matter to the OFT Consumer Credit Enforcement Team

Yours faithfully

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  • 3 weeks later...

As a previous employee for BCW, I can sympathise. I left the company due to their shoddy, underhand tactics. Don't be bullied by them. The people who man the phones are generally utter amateurs and concerned with only one thing: Bonuses.

 

The bonus culture at BCW is horrendous. No one gives a damn about the 'debtors' because they all just want to hit targets to get more money. There's no incentive for trained debt collectors.

 

Make sure you send them a letter asking them to contact you only in writing. In my personal experience, the correspondence administrators are better trained and more knowledgable than the monkeys on the phones.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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I would give consumer direct a ring.

 

Consumer Direct - Contact us

 

They will pass your complaint on to their local trading standards

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Has anyone (Scotland) had any trouble recently from a company in Glasgow called Fresh Start? My son has been telephoned constantly by them regarding a debt which has long since been paid in full through another Glasgow company, Murray White, a nasty shower if ever there was one. Would be glad to hear of any other experiences with either of the above. We have reported the Fresh Start lot to OFT/TS as they are constantly calling his office number.

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I've never heard of Fresh Start, but Murray White are pretty well known. They're just a debt collection agency.

 

Calling someone who is at their place of work goes against the OFT guidelines for debt collection, so they should act on it, but don't expect a swift resolution - the OFT are notoriously slow in everything they do.

 

In the meantime, your son should tell the company that he is at work and it's against OFT guidance (by recorded delivery letter), assuming he hasn't already done so.

A debt collector for my sins; I hope any advice I can offer of the industry can help. It might help me sleep at night.

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Thanks for that infor, I will make sure that the company sends a recorded delivery letter to the Fresh Start lot saying just that. Bad enough when you DO owe a debt, but when you DONT, it's a bit much. I am assuming that Murray White have sold them a 'pup' as there is in fact no debt outstanding?

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