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    • I have not heard of a Letter of Claim until you mentioned it so after Googling it I am now aware of what it is so I will give Curry's until the end of this week to arrange the collection of this purchase for a refund and in the meantime I will get this Letter of Claim ready to send. I have the paperwork ready for the County Court but I will do as you suggest first. Sincere thanks for your advise.
    • Another consumer who thinks that by being reasonable and patient with Currys, that Currys will be reasonable with them in return. Bless. Of course I do hope that you get a resolution this way but in fact we have found over a longer time now that Currys was a dishonest and quibbling little company that takes advantage of its customers innocence to deprive them of their consumer rights. "In due course" is completely unacceptable but if you go along with that it means that you have handed the reins over to them and allow them to take control. There is no reason for this matter to take more than a week for them to sort out and so I would suggest that your best course of action send them a letter of claim giving them 14 days or you will sue them in the County Court. That gives them ample time to sort the matter out and also means that if they eventually come back to you "in due course" refusing to honour their obligations, then you don't have to wait a further 14 days. You can pretty well launch into action immediately. You said you had all your legal documents ready but I asked you if that meant that you had sent a letter of claim and you haven't replied.
    • Thank you for your reply. Yes the hob was bought Sept but not installed until early Dec, started showing faults almost immediately but because it was 'bought' over 30 days Curry's washed their hands of it. The hob cost £229.00 and I still have it here. Yesterday I sent an email to Alex Baldock CEO of Curry's and I received a reply almost immediately from his office who have passed it onto their 'Executive Resolution Team' who will investigate and respond to the matter in due course. The email sent was more or less the exact copy of the one that I posted here so we will now wait their investigation and I will let you know the outcome.
    • The shortage of semiconductors is continuing to have a major impact on industries around the world.View the full article
    • Hi CAG,   First time poster here.   I would like to start off by saying that I've read through various threads and it's quite heartwarming to see the level of attention and support you give to people dealing with often stressful and anxiety inducing circumstances. I'll certainly be making a donation as this is truly a valuable resource.   I've read several similar threads to my own situation but I thought I'd seek your advice.   I opened a letter just a few hours ago from London Collection and Compliance Centre which is dated 11th January 2022 for an amount totalling £870.68. I'll attach a copy below. I can't quite remember the date of the initial offence. For context, I boarded a bus (I believe in 2018) and unbeknownst to me, my contactless card did not register correctly on the reader. I had my headphones in with music playing and was sat for my journey and then was approached by a ticket inspector who informed me that I did not tap and therefore was unable to provide proof of a valid ticket. Despite explaining the circumstances, I was asked for my details which I provided in full. I was honest and forthcoming with the ticket inspector but I wasn't aware this would amount to a fine as I was provided with a printed pass for the remainder of my journey. I accept liability for not being able to provide proof of a valid ticket and do not wish to dispute this regardless of intent.    I'm not entirely sure why I didn't pay the fine upon receipt of TfL's initial correspondence but I'm a long time sufferer of anxiety and depression which at times is so debilitating that I'm unable to make the best decisions or carry out simple actions. Some of which would mean I wouldn't need to make this post. I struggled financially at the time of receiving this letter and further correspondence which placed I did not deal with correctly because of the mental state I was in. I struggled to cope with and stupidly I neglected my responsibility and buried my head in the sand. I made an error in judgement that I wholeheartedly regret.   As of writing (early hours of 26th January 2022), the 10 working days given in the 'Further steps notice' has elapsed (25th January 2022). I rarely receive mail and therefore I don't regularly check my mailbox. However, I decided to take a look today as I suspected I missed a Royal Mail delivery. I intend on calling the number on the letter at the earliest appropriate time in the morning and dealing with this matter. I'm desperate to right my previous wrongs as I've worked hard to deal with my anxiety by beginning therapy. However, like many others in this thread, I'm worried about the prospect of having a criminal record. I'm 26 years only and I don't have any previous convictions nor have I had any trouble with the law. I have a real love for the service TfL provides and I'm capable of listing off an endless stream of related trivia. I have no previous run ins with TfL and regularly travel on the network and pay the correct, full fare each time.    I'm worried about how this will affect my future in regards to employment and my intention of naturalising as a British citizen (I've been in the UK for 20 years now).   I'll note my primary questions below and would truly appreciate your advice.   a) If I get in contact with the number on the letter as soon as possible, will that be too late despite the close proximity to the deadline?   b) What would be the best potential approach to resolving this issue? (I'm unable to pay the amount in as a lump sum.)   c) If I were successful in arranging a payment plan/somehow paying the amount in full, how would that affect the court proceedings? Would this still result in a criminal record?   d) I've seen other threads which mention OOC settlements with TfL, would this be an option despite receipt of a 'Further steps notice' letter?   e) Should I end up in court or have the opportunity to speak to someone over the phone - will I be able to explain my circumstance and plead for leniency?   f) What other general steps would you suggest I take at this stage to mitigate the consequences?   Apologies for this post being so long, I wanted to include as much relevant detail as possible and I'm more than happy to provide any that's missing. I don't want to make excuses for myself. I completely accept I'm in the wrong for allowing things to get to this stage, despite the difficulty I had with my mental state but I want to do right by myself and deal with this. I'll post regular updates and be sure to include a conclusion once I deal with the matter regardless of the outcome.   Thank you in advance for looking at this post, I really do appreciate what you do.   IMG_2609.pdf
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Robinson Way/Horwich Farrelly statute barred Scotland


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I recently received a letter, out of the blue, from Horwich Farrelly acting on behalf of Robinson Way about an alleged debt from over 5 years ago to Capital One. I am resident in Scotland and therefore, as far as I am aware, subject to Scottish, not English, law.

 

I have had no contact whatsoever with Capital One, or anyone acting on their behalf, for over 5 years.

 

I responded to their letter informing them that as I had not acknowledged the alleged debt within the 5 year period any liabilty was now extinguished as per The Prescription and Limitation (Scotland) Act 1973.

 

I have now received another letter from Horwich Farrelly. I can upload a scan it if it helps. I've copied the content of the letter below (edited for personal info)

 

 

 

 

Our ref:*********

 

** July 2010

 

Dear sirs

 

Our Client - Robinson Way Limited (assignees of Capital One)

Balance outsanding - £*******

 

We act for Robinson Way Limited.

 

We have received a copy of your email dated ** **** 2010 received via their website (copy enclosed). (No copy was enclosed)

 

You state that you have not acknowledged the debt within 5 years and you claim it is statute barred under the Prescription and Limitation (Scotland) Act 1973.

 

Your assumption that our client is prevented from pursuing this debt is incorrect.

 

The terms and conditions of the agreement between yourself and Capital one, which our client took assignment of in 200*, states the law governing the agreement, is the law of England.

 

Our client is quite entitled to raise an action in the Courts in England against you claiming the outstanding balance of £*******. The Limitation Act 1980 sets out the rules on how long our client has to take action against you for this debt.

 

The limitation period in England is 6 years. The limitation period commences at the time the cause of action arose. The limitation period starts to run from the earliest time that the legal proceedings could first have been brought. This period began after you made your last payment on ** ***** 2005. Our client has until 2011 to issue proceedings.

 

We look forward to hearing from you with your proposals for settlement within 7 days.

 

Yours faithfully

 

Horwich Farrelly

 

 

 

What planet do these people inhabit?

 

I have no clue what to do now.

 

Can they do this?

 

I really need some advice now.

 

Should I report them to some authority or something because I was under the impression that it was unfair to pursue someone for an alleged debt that was extinguished and also unfair to threaten court action outside the resident juristiction.

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Good Morning,

 

There is new guidance from the OFT on your type of case.

OFT warns credit firms against legal action outside debtors' home jurisdiction - The Office of Fair Trading

 

Basically the OFT say that debt collectors and creditors cannot threaten to sue outside your home court.

 

I would report them to the OFT and trading standards.

 

Martin g

Edited by martin g
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They are in breach of ~OFT guidelines; Page 9 http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

Make a complaint to Trading Standards via Consumer Direct Consumer Direct - Contact us

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.

 

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