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    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
    • I have initiated the breathing space so ill wait. from re reading everything this what i understand BS gives me 60 days break from the creditors during these 60 days they may contact me and will most likely default I need to wait until after a default notice to see whether the OC will keep the debt or sell it off If kept by the OC then i should attempt a plan or pay some token payment? If sold to DCA then don't pay and after 6 years it will leave my credit report once the DN is registered with a date. DCA may start a CCJ but unlikely, if they do come back here. last question, do you know roughly how long this will all take? in terms of defaults/default notice, potential CCJ? Would you say I have 12 months plus from when the BS ends?
    • Well, it's up to you. Years & years & years ago the forum used to suggest appealing to POPLA, but then AFAIK POPLA's remit was changed and it became much more biased in favour of the PPCs. One of the problems with taking that route is that the onus will fall on you to prove your appeal, while if you do nothing the onus is on MET to start legal action which experience teaches they are very, very reluctant to do. If you go down the POPLA route I would think your ace would be insufficient signage.  Are you able to go back there and get photos of their rubbish, entrapping signs?
    • The first clearly visible sign as you pull in to the car park states “McDonald’s Customers Only 60 minutes” The next clearly visible sign is an almost identical sign outside Starbucks which states “60 minutes free stay for customers only” There are other signs towards the rear of the car park (away from the outlets) that have the terms and conditions on them in very small print.
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In Scotland looking for some advise


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I am getting phone calls and letters from robinson way in regards to a debt I had a Long time ago at an old address.

 

My credit file shows a default in march 2007 so I did stop paying it before this. Stupidly I never made any arrangements and they have now got in contact with me.

 

Am I correct in saying this debt is now statute barred?

 

Any help would be appreciated, I have just received a letter today which is a default notice and I'm scared that Ian going to get taken to court.

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Hi

You would need to be fairly specific to state SB. They may have defaulted you in 07 but how far before that did you stop paying?

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If it is more than 5 years since you made a payment and no court action has been taken the debt is prescribed meaning It is no longer in existence - extinguished.

 

You could send a prescriptions letter - think there's one in the library here. They then have to prove it isn't. Best to wait till you're sure 5 yrs have passed.

 

B

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I think from what I can recall it was November 2006 was the last payment, it was either October or November 2006 I stopped paying.

 

I don't use that bank account anymore to check but it was round about then or possibly even before.

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So do I include march 2007 as not making a payment? If I do then that would me

March 2007 no payment

March 2008 no payment

March 2009 no payment

March 2010 no payment

March 2011 no payment

 

Which would be five years? Is that how it is calculated?

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If your last payment was November 06 then it won't be SB until sometime after November this year

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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Okay great at least I have a better understanding.

 

Does anyone know about this collection agency? I have read some horror stories about them, I know I've put my head in the sand about this and hopes it would go away :-(

 

I suppose I will need to enter into an agreement with them beforethey take me to court since they have issued a default notice.

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A default is not nescessarily a prelude to court action. If you want to deal with them, send a 'prove it' letter from the library (top left)

 

Don't ring them, do everything in writing. Don't sign anything and send by recorded delivery (if possible) or get a certificate of posting from the post office

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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