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    • 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.
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    • 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
    • The worrying aspect is that they could well run away ... then a few months down the line, knowing full well you'd moved, sue you at your old address, knowing you would lose by default.  Therefore I suggest sending the above letter off on Thursday if the other regulars don't disagree, then on Saturday another one to just UKPM     Dear UK Car Park Management Limited,   re: PCN no.XXXXX   please note that I no longer live at XXXXX but that my new address is XXXXX.   Yours,
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Statute barred - what action can DCA take, realistically?


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A lady has advised me that her hubbie has been getting letters from a DCA in relation to a loan. The only information she knows is that the loan was allegedly taken out 8 years ago, there were two payments made in the first year, nothing since, and there doesn't appear to have been any communication from the OC or any DCA up until recently. Hubbie doesn't acknowlegde the debt at all, says he never had any loan. The lady suspects he did but doesn't want to upset her and is therefore lying about it (she thinks this because he originally said the loan was 8 years ago and he made two payments then later said that the DCA had told him this and that he never took out a loan). The lady's father was a gambler and his habit resulted in the family losing everything. The lady is naturally frightened that her husband's credit is going to be affected and that they may take him to court - she is absolutely convinced he did take out this loan. I've assured her that this is not the same situation as it were with her father but you really should see the state she's in, she's absolutely petrified.

 

Now I said to the lady that I don't think there is anything that they can do, even if her husband did owe the money because it would very likely be time barred, based on the limited info she is able to give me. I advised that a time barred debt is unenforceable via the courts.

 

I know that they will likely continue to write and make all sorts of threats about what action they "may" take and told her that most DCA's do this as a matter of course because they rely on people's ignorance. I did say to her that this isn't my forte, I only know a little bit about debt enforcement and suggested she contact national debtline for more sound advice but she's too scared, she won't accept that they are there to help her - she's a very nervous woman.

 

Just to make sure I'm informing her correctly, is there anything else that they can do with a time barred debt? Can they for example, [legally] do a CCJ or a default on a credit file or anything like that? Or is the letter writing as bad as it gets?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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Possibly a default but that can be challenged due to time,other than that harassment would seem to be their only other avenue.

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The creditor could file a cliam at court but Statute Barred is a valid defence. Any creditor with an ounce of sense won't go anywhere near the courts with this.

 

If he or she (with his authority) were to write to the DCA informing them that it is SB and they try to chase further, complaints can be made to them, trading standards and their MP with possible complaints to the FOS. Once a creditor has been informed that a debt is SB, all action must stop unless they can prove it is not SB

 

Get her on the forum. We can help

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Possibly a default but that can be challenged due to time,other than that harassment would seem to be their only other avenue.

 

a default has to be registered with a CRA within 6 months of the last payment

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Yes agreed, the only correspondence these fools should get is the SB letter, then if they still persist, the follow up SB letter;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

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

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'defult dates DO NOT count as the start of the statute barring date, this is because you can have a default on a file, clear the default and then another default can be placed for a different offence at a laterdate.

 

Default dates are changed when an alleged debt is being sold (there is plenty of proof of this) and again this is why the last payment from the debtor to the creditor is the accepted date by the courts. If it was a simple case of the creditor writing to the debtor then NO debt would ever become statute barred (something the DCA industry would LOVE to happen).

 

If it is statute barred and they try court you have an absolute defence - they would look very very silly having to explain why they didn't make contact earlier....

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Thanks folks, I'll relay this info to her.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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a default has to be registered with a CRA within 6 months of the last payment

 

What if the DN is originaly made by the OC correctley - but a couple of years down the line they sell it to a DC.

 

The info on the credit file dispaears from the OC then reapears under the name of the DC.

 

Can the DC add this info to your credit file?

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So long as the default date remains the same as when the OC defaulted the account, the DCA can continue to report

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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