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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      By UsedCarMan · Posted

      IMG_2820-IMG_2820-merged.pdfmerged.pdf Case management was this morning. Here is the Sheriff’s order. Moved case forward to 24/05.   He said there was no signed agreement and after a bit of “erm, erm, yeah but, erm” when he asked them, he allowed time for sol to contact claimant.  what is the next step now? thank you UCM  
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      I've had a quick (well, quick for a thread of this length),  read of this thread and to be honest I'm struggling to make heads nor tails of the actual crux of the issue here. You seem awfully convinced that whatever is going on is worth the fight and the odds are in your favour but with how the thread has gone it seems that one trail goes cold so you simply move on to another in an attempt to delay the inevitable. All it does is end up digging holes and confusing others and yourself which means any advice given to you is completely pointless. I note that for the life of this thread there has not been any documentation or correspondence uploaded for people to have a look. Have you got any that you'd be willing to redact and upload for members to assist you? Right now, it seems people are shooting out advice while being in the dark because it's starting to become very difficult for people who weren't here at the start of this (including myself) to follow along. Right now, this whole thread is just hypothetical "He said, she said" and is going nowhere fast. Nothing more than basic advice can be given which, as you've sought out some legal advice, is likely not sufficient to actually come to any sort of conclusion. I, personally, am starting to agree with others that it may be best to consider bankruptcy and put the matter behind you.  
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      By Coleman0123 · Posted

      Thank you. Fingers crossed it is all over soon. 
    • wv600
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      By wv600 · Posted

      Thank you FTMDave, really appreciate your help!
    • FTMDave
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      By FTMDave · Posted

      Thanks for coming back to us. There are no guarantees - but remember that so far MET have not had the guts to put even a single case before a judge.  Not once. Yours is one of seven court cases. Three ongoing like yours. In two MET bottled it as Witness Statement stage approached. In one the allocating judge decided their Particulars of Claim were rubbish and threw the case in the bin. Just the one victory by MET by default when the motorist stupidly didn't file a defence. So there is every chance that MET will throw in the towel in your case too if you stand firm. Please keep us informed of what is happening. Regarding being abroad, that is no reason for things going wrong, you can request an on-line hearing and we've had several cases where the PPC gave up when the motorist moved abroad. But please keep us in the loop.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Can I use a Statute Barred?

travelmatty

By travelmatty
in General Debt Issues

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travelmatty

travelmatty

Posted
Posted

Hi,

 

I have just been contacted about a debt for a mobile phone contract from 2003. This is the first time I have been contacted about this debt since 2004 as I have been out of the country for most of the time since.

 

I paid some money to them on the 12th July 2010 not knowing about the statute barred.

 

I have checked my credit report with Equifax and I can see the default was place on my file in July 2004. My problem is Im not 100% sure when this was exactly placed on my file as it does not say. Although it does state that my account was closed on 11th July 2004.

 

Would this mean that as I admitted acknowledgment the day after the 6 years of my account closing that I can write to the collectors stating this?

 

Thanks

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silverfox1961

silverfox1961

Posted
Posted

Hi,

A default would have been place two or three months AFTER your last payment.

 

The best bet would be to SAR the telecoms provider to get copies of your statements. That would tell you when the last payment was made and if it is before july 2004 then it will still be SB and then it won't matter if you have paid.

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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travelmatty

travelmatty

Posted
  • Author
Posted (edited)

Thanks for the info, my last payment would of definitely would of been before July 2004.

 

So to clarify (Sorry only just found out about SB today and am still researching) the SB is not from when you defaulted but the date of my last payment to X company?

 

I thought I did read somewhere that even if I did make a payment after the 6 years then it didn't reset for another 6.

 

Thanks for all the help as the collectors who have this are being very unreasonable and scared me into a payment saying that they will send people round and start court action for a CCJ.

 

 

Many thanks

Edited by travelmatty
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silverfox1961

silverfox1961

Posted
Posted

Send the provider-NOT the DCA-letter 11 from here:

 

The Consumer Forums - Debt collectors

 

Ok, it costs a tenner but it could well save you a lot more

 

Send the DCA letter2 from the same link. It matters not that you have paid them this time and if it was me, I would badger them to repay it (they won't though)

 

You are correct in saying that once a debt is SB, nothing can un-SB it

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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Guest Mrs Hobbit

Guest Mrs Hobbit

Posted
Posted

Is that right SilverFox? I was certain once you made a payment you it started the clock again.

 

Live and learn...

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silverfox1961

silverfox1961

Posted
Posted
So you can acknowledge the debt owed, but they can't take you to court to recover it.

 

I still wouldn't acknowledge any debt.

 

To help clear up any confusion, if your debt is 5 years 364 days old and you make a payment (1 day short of Statute Barred) the clock resets to zero.

 

If your debt is 6 years and 1 day and you make a payment (by accident or ignorance) the clock cannot reset although I do think you need to make them aware of the fact it is SB

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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cerberusalert

cerberusalert

Posted
Posted

Yes, morally the debt still exists but legally there's absolutely nothing they can do to enforce it. You could bare your derrière in Harrods window wearing a placard stating that you had borrowed the money & they still couldn't take enforcement.

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travelmatty

travelmatty

Posted
  • Author
Posted

Just to update this case.

 

I have contacted the telcom provider and they say that the debt is cleared as it is over 6 years old and my last payment to them was over 6 years ago.

 

Im pretty sure that I have made no other payments to any other debt collection agents since then but the telcom provider did confirm that HFO Capitol ltd now has the account.

 

Would you suggest sending a SB letter to them?

 

thanks

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silverfox1961

silverfox1961

Posted
Posted

 

Would you suggest sending a SB letter to them?

 

thanks

 

Is the Pope Catholic :D:D

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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