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    • Firstly, I would like to thank everyone for their help in this matter. Since my last post I have received a reply from Plymouth Council Insurance Team concerning my wife’s accident (please see enclosed letter and photo of the offending Badminton post) which they deny any responsibility for the said accident. I feel that the Council is in breach of their statutory duties under the following acts: The Leisure Centre was negligent in its duty of care and therefore, in breach of the statutory duty owed under section 2 of the Occupiers’ Liability Act 1957. Health and Safety at Work Act 1974 (the Act) to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees, and others who might be affected by its undertaking, e.g. members of the public visiting the Leisure Centre to use the facilities. The Management of Health and Safety at Work Regulations 1999 that requires employers to assess risks (including slip and trip risks) and, where necessary, take action to address them. The Provision and Use of Work Equipment Regulations (PUWER) require the risk to people’s health and safety from equipment that is used at a Leisure Centre be prevented or controlled. I would like some advice to see if my assumptions are correct and my approach to obtaining satisfactory outcome to this matter are accurate. Many thanks   PLM23000150 - Copy Correspondence.pdf post docx.docx
    • Talking to them does not reset the time limit, although they will probably tell you it does, they'd be lying. Dumbdales are the in-house sols for Lowlife, just the next desk along. If Lowlifes were corresponding with you at your current address then Dumbdales know your address. However, knowing that they are lower than a snake's belly, you would be well advised to send them a letter, informing them of your current address and nothing else. Get 'proof of posting' which is free from the PO counter, don't sign it, simply type your name. That way then they have absolutely no excuse for attempting a back door CCJ.   P.S. Best course of action, IGNORE them, until or unless you get a claim form......you won't.
    • A 'signed for' Letter of Claim has been sent today so they have 14 days from tomorrow... Lets wait and see what happens but i suspect judging by their attitude they wont reply 
    • I am extremely apprehensive about burning our files.... I do not know why, so it is becoming an endless feedback loop. Scared to pull the trigger to speak in the desire not to mess up my file. 
    • Hi All, So brief outline. I have Natwest CC debt £8k last payment i made was 7th November 2018 Not a penny since. So coming up to the 6 year mark. Can't remember when i took out the  credit card would be a few years before everythign hit the fan. Moved house 2020 - updated NatWest as I still have a current account with them. Then Lowells took over from Moorcroft and were writing to me at my current address. I did get a family member to speak to them 3 years ago regarding the debt explained although it may be in my name I didn't rack it up then went contact again. 29th may received an email from overdales saying they were now managing the debt. I have not had any letter yet which i thought is odd?  Couple of questions 1. Does my family member speaking to lowell restart statute barred clock? 2. Do you think overdales aren't writing to me because they will back door CCJ to old address even though Lowells have contacted me at current address never at previous? ( have no proof though stupidly binned all letters  ) Should I write to them and confirm my address just incase? Does this restart statute barred clock? 3. what do you think best course of action is?   Any help/advice is appreciated I am aware they may ramp up the process now due to 7th December being the 6 year mark.   Many Thanks in advance! The threads on here have been super helpful to read.  
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Urgent advice needed


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Hi

Urgent advice needed on this one. I have now received a letter (well I say a letter) more like a claim form from Southend county court re: tessera portfolio management ltd claiming £879.57. I presume this is a CCJ claim. I do not know about this debt but it could have been from my student days. The student advisory service dealt with all my creditors at the time and helped me pay off my debts. If this is from then it would be statute barred as I have not paid any moneys to or acknowledged any debt since May 2004. My credit reference report is clear. The only credit I have had and is run properly is my student overdraft in all that time. What should I do?

 

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How long have they had the debt and have you told them its in Dispute?

If so send them a CCA and the OC a Sar request

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi The Godmother

 

Should I send them the SB letter as well? Advice in filling out the form would be much appreciated. From what I have read elsewhere I should fill in the Acknowledgement of Service form first to ask for more time to defend. What would be my defence? that it is statute barred and have not got any knowledge of debt or any prove that money is owed?

I have not corresponded with them but I did receive a letter from them at the beginning of April saying their solicitors were going to take me to court.

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You have it in one.

Acknowledge the claim then send a CPR request, same as sar, to the claimant on the papers give them 7 dyas to get u the info. If they dont then tell the courts this is SB and they are abusing the courts system to get money they are not entitled to. Also u mentioned the student advisory service was helping you with all your debts. Can u contact them in relation to this and see what document they have left in relation to you, they may not have any but then u dont know if u dont ask.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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So I send tessera a CPR request and the SB letter stating they have 7 days to reply. Fill in the Acknowledgement of Service form, ticking that I intend to defend all of this claim. Then after the 7 days send off form N9B (received with claim) defence of claim. On that form it asks in section 3 my defence. What would I put in there?

Section 5 asks whether I am making a counterclaim, do I leave it blank? or can Imake a claim for my time?

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No.

 

U need to send the courts the acknowledgement of service ticking defend all. this then gives u 28 days from date of service to respond. U may also want to photo copy it and send a copy with the rest of the stuff u are sending the claimant.

 

To the claimant you need to send a cpr request to the claimant, tessera, advising them they have 7 days to respond to you. then once the 7 days are up wait a couple of days due to postage and if nothing recieved then sumbit a defense saying the claimant, tessera, has not responded to your CPR and you belive the debt is statue barred as you have not recieved any letters or acknowledged any debt since may 2004 you may want to add that it was paid off via the student finance company who was helping you if this is true.

 

Its up to you if you want to send a SB letter but you may not want to show them your defence b4 they recieve it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Also do u have any previous paper work or contact details for the student finance people as they may be able to help u in relation to if this was paid off.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Yes sign it but u dont need to use your normal signature or even add somthing that u know will make it not yours.

Remember any info u put on there, eg phone number email address, will go the the claimant.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Sent the Acknowledgement of Service off on Saturday by recorded delivery.

 

I have sent the CPR request off today by recorded delivery. What do I do now? Wait until next Wedsnesday and then send my defence of to the courts?

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Sit and wait. Have u found out any paperwork u may have or contacted the student finance people.?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Unfortunately, neither I or the Student Advisory Service have any paperwork from back then. I have contacted them and they say they don't hold anything for more than 6 yrs. I have moved house a couple of times since leaving uni and most of any sort of paperwork as been lost along the way. I have nothing else to go on because they dont state on their claim who the original creditor was. Just that they are claiming this money for account no 22#######. I can't even say whether I had credit with whoever it is back then because of this.

I have not had any sort of credit or paid any money since the latest 2004 may have even been before then. Except my student overdraft which I still have now and run properly. I have only just got a contract phone and check my credit reference report regularly and that is fine.

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Ok thats feesable to hthink they have nothing especially after 6 years, due to laws u see, Also feesable for u but some people would say u should have kept it all.

I am guessing u dont regonise the account number from ur previous debts. Keep an eye on the credit report even think about checking other credit companies, experian, equifax etc as they dont all report to the same one.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Yep deny everything and clearly state youquire h defendant o prvide proof of the debt and how longit i sine lst pyment or admittion of debt.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Al advithecourts you have asked for a cpr frth laimant but hy hve not supplied anything

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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U wait to hear from the courts.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi

Good news I think:) !!!!!

Received a letter from Tessaras Solicitors today stating that they are ceasing legal proceedings based on my defence and that they would need time to seek additional information from the vendor. They have enclosed a signed copy of the Notice of Discontinuance.

Is that the end of it do you think?

Thanks for your help much appreciated.

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Check with the courts. The courts should have a phone number u can call and as result they can tell u if the discontiunance is true

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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