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    • Admission of a debt in writing resetting the statute barring period is dicated by the Limitation Act 1980 30(1)&(2):   "30 Formal provisions as to acknowledgments and part payments.   (1)To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.   (2)For the purposes of section 29, any acknowledgment or payment— (a)may be made by the agent of the person by whom it is required to be made under that section; and (b)shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made."   https://www.legislation.gov.uk/ukpga/1980/58/part/II/crossheading/acknowledgment-and-part-payment   The admission in writing has to be accompanied with a signature, arguably an email with a digital signature could be sufficient acknowledgment. That acknowledgment could be by an agent, i.e. a solicitor, acting on your behalf. But the Limitation Act 1980 does not apply in your case as the statute barring period is dictated by Jamaican legislation so you would need to find out what that is to confirm whether or not an email is considered to be acknowledgment of the debt.    
    • Great work from lookinforinfo.   When you have time, also try to find out if they have planning permission for the signs.  The council should have a portal, if not directly call or e-mail the council.   You've written "the pay machines there were notorious for not connecting for card payments - NCP always blamed Vodafone's coverage".  Have you got any proof of this?  It could be useful.   BW Legal won't send anything about planning permission or contracts, but they might , just, send a copy of the PCN so we know what you are being pursued for, but even if they don't the SAR will get to the bottom of it.
    • dx, do you mean you would or you wouldn't use arthritis as an excuse please?   HB
    • You weren't stupid at all - in fact you've done everything right!  I wish everyone who comes on the forum would act like you.   You were spot on to ignore letters from Smart and from powerless DCAs, just as you were right to jump into action when the Letter Before Claim showed up as Smart are fishing to decide who to take to court and who not.  As others have said, you now need to show them they would be in serious trouble if they took you to court, via a snotty letter ridiculing their claim and showing you're not ignorant of the law.  Do some searching then please post up a draft of what you propose to send.   Cases like yours are the easiest to defend from a legal point of view.  Smart got their money, you can prove it, they suffered no loss, the registration number nonsense is "de minimis" (the court does not deal with trivialities), judges have ruled on this many times.
    • How much was the bracket?  Is it something you can get from Amazon and then process a refund from Currys?
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claim form for 9,000 for a credit card from 2004 - no NOA? *sorted under a TOmlin Order*


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  • 8 months later...

I paid a regular monthly payment to a debt collection agencies solicitor but instead of £15 by direct transfer from my bank my fat fingers keyed in £156.

 

I'm torn between contacting them and asking for the money back and risking a new financial assessment or keeping quiet and taking the hit.

 

The payment (and overdue review date) is the subject of a Tomlin order, so no real wriggle room.

 

What is peoples opinion apart from I have been rather careless?

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Well I did think of that, but I'd rather not pop my head over the parapet and get involved in another round of income expenditure fencing...

 

There's no doubt I do owe the money, I'd just rather not pay it quite that fast!

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explain to them the issue you have made, explain the hardship it will cause you and ask them how they are going to reimburse you and when. You should also have the opportunity to claw back the money via your banks system to recover amounts paid in error

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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My first port of call was the bank.

Even though I called up on the lunchtime of the day the transfer took place as the payment had been

(joyously, no doubt) accepted by the recipients bank there was nothing they could do.

 

I'm torn between telling the solicitors and them creating a bit of a fuss or lying low and biting the bullet.

At the moment I'm biting the bullet,. :roll:

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IMHO it would be a bad idea to let this go

- if the recipient is monitoring the account they will realise that your account was good for £156 this month

and may be hoping to increase future payments by varying the Tomlin order.

 

 

Contacting them to advise of an overpayment which has disadvantaged your other creditors

and/or cause hardship would be the route I would suggest

 

 

Given that there is a Tomlin order in place,

any refusal to refund the overpaid amount would not look good on their part.

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