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    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
    • Well that's an interesting question if I outted myself or not. I did send an appeal to NCP in reply to the original letter although I was late with that and after their shut off date or what ever they called it. I'd just had a hand operation. However I did not say I was the driver but perhaps by even replying to NCP I make myself the driver by default. Is that right?   after the time or not I did fire off and appeal and have the receipt for that. See attached. Some time late I got a letter from Trace then it seems I was bounced over to BW.   I never herd back from NPC regarding my appeal. Total radio silence. Then came the Trace letters and then BW   I did send a bit of snot over to NCP. As I was using this car park on a daily basis for some months I did capture on day the pic with the masking tape on it just by chance.   Apart from that I was using the NCP payment app which did or did not work depending on the day. Talk about bugware!   I do have some 4 months of payment history within the app.   so my point is that these machines do go wrong from time to time. I did not put the tape on there but someone did! bank card only.pdf
    • The pre contract information doesn't exist...therefore the first paragraph of your response applies in this case. My rights as a consumer still exist regardless, and the dealer was notified well within the 14 days of my request of a full return and for him to collect the vehicle.    Thank you for your response,  I'm also a female not that it matters! 
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Arvato finance 12 year old debt now there trying to chace it up


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Hi all my girlfriend how I have been with for 6 years had a letter from arvato finance limited asking for money for a debt which is over 12 years old for a telebank service she took out. Now today we have had a letter from hl legal & collection threatening all types of things legal action in a county court and there will be no further warnings. Now what I want to know is this debt statue barred as this is the first we have heard about this

Many Thanks

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If no payment or acknowledgement of the debt in writing has been made for the last six years then the debt will be statute barred

 

ill dig out the letter to send

 

give me 5 min

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Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “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 CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

---------------------------------------------

 

Send by recorded delivery, print your name, do not sign

 

Best Wishes

Stigman

Edited by Stigman
missed information

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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