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    • Thank you, and apologies that car was £3300 and purchased from EMC Unit 8 Swift Lane Bagshot.   I've done a lot of investigating and have found some leads, but as you say if TMO are unable to enforce, and only way is possibly going via HCEO after another long and drawn out process, it all seems to be in vain.   The reason it's taken this long is because TMO have lagged and I was so reluctant to take to court and invest more money, without seeing what TMO could do first. I definitely regret not trying to take it into my own hands more, but the whole process I've felt helpless.   My only viable option now seems to be just to sell the car for whatever parts still function.. to whatever extent.
    • Maybe this is completely wrong – but I would be a bit worried that if your mother moved out to some kind of alternative/temporary accommodation – that the landlord might somehow manipulate the situation so that she never got back
    • Usual VCS roboclaim, "At all material times the defendant was the registered keeper and/or driver. " can only one or the other. The only way you get a hit on the credit file is 1: you don't defend Simple gets a default and you don't pay within 28 days 2: You defend and lose and don't pay within 28 days of judgment.   Now he usually messes up, so plenty to trip him up, also if the original sum was £100, and he cannot prove who driver is so sues Keeper as keeper, he cannot add anything to the claim, so the extra £60 is invalid. The team will help you read up on some VCS threads and you will see a 3 line defence initially will be sufficient for now.
    • Might be worth talking to local Council Housing again about options, if your Mother is unable to occupy the house for a period due to essential repairs being required.  But find out from landlord first whether they can confirm in writing if alternative housing is available while the house is undergoing works.  The landlord might not have any other properties available or is unable to offer any alternative housing options due to covid-19.    The landlord can increase the rent but there are rules regarding this.  See https://england.shelter.org.uk/housing_advice/private_renting/rent_increases   Guidance about homes being fit for habitation.   https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018   Housing is quite a complex area and you might want to contact Shelter the housing charity, if the local Council Housing cannot assist first.     The work to the house is likely to take months and if  it is started in the next few months, given Covid-19 restrictions (social distancing), your Mother might find herself not able to occupy it over the Winter including the Christmas period.   I suspect many contractors such as electricians have a backlog of work due to the lockdown and when the lockdown is lifted, they will prioritise the work they have already agreed to.  The landlord may therefore struggle to arrange the works, unless they have friends who work for them regularly.     
    • Thank you. You haven't told us the value of the car. Also, who did you actually bite from – meaning which company or trading name did you pay the money to – what name appears on the receipt. Also, how did you pay? This has been going on for over two years and I am rather surprised that you've allowed it to go on so long. You probably will have to issue a claim – that it's probably only worth doing if you know that you can enforce the judgement. Have you checked the trust registry for other judgements against this company? https://www.trustonline.org.uk/ unfortunately it costs money to access the database – but I'll bet you that there are a stack of judgements against the company – and it would be interesting to know how many of them are ever enforced. Have you looked on Google and have you looked on trust pilot to see what is being said there? As far as I can see if, the TMO doesn't have any particular powers which means that if they find in your favour and the trader doesn't comply, then you have to bring a full claim and start again. With the financial ombudsman service, there is a fairly direct route to getting a judgement – although of course there is still always the problem of enforcement. I'm quite sure that a court would pay regard to the decision of the TMO and so I'm sure that your chances of success will be much better than 95% – and as I am sure that you have paid more than £600 for this vehicle, you would be able to transfer up to the High Court for enforcement by High Court Enforcement Officers – take a very rigourous approach to enforcement and whose fees are very high – typically £2000 – but to be paid by the defendant if the HCEO execute a successful enforcement. If they are unsuccessful then the cost to you is only about £66.   Will be very happy to help you with your claim and it would be fairly straightforward – but you will have to consider the risk factors which include your claim fee – a hearing fee (unlikely to happen) cost of transfer up to HCEO and the general hassle of doing it all with probably a fairly real chance of being unable to enforce the judgement. I don't know how much the claim fee will be because you haven't told us the value of the vehicle. In exceptional circumstances you can claim litigant in person costs at £19 per hour (I think). These are generally only available in the face of unreasonable behaviour by the defendant – and this may well be an example where the court would apply its discretion in your favour. So if you decide to bring a legal action then you should start trying to work out how much time you have spent on the whole thing – and make sure it is all moderate unjustifiable and not simply a money grab.
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Miffed of Skye

Sudden demand for old (at least 8 years old) debt

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I wonder if you could help? My wife received a letter informing her that a debt for a capital credit card requires paying - she informs me that it is quite some time since she hard this card, and had actually forgotten that she had it! They are demanding some £300 odd, but give no real details. Indeed, the letter came addressed to her using her maiden name, and also they said the assumed she lived here by checking databases and suchlike. The letter came from Apex Credit Management Ltd. and states they are acting as a collection agent on behalf of Cabot Financial (Europe) Ltd.

 

Can you help?

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Hi you should find that this is statute barred - as long as no acknowledgement or payment has been made for at least 6 years (It might be 5 years in Scotland). I don't know too much about this, so it would be best to wait for somebody who knows more about this than me to come along.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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If you have made no payment or acknowledged the debt in 6 years (5 in scotland) its Statute Barred.

Have you checked your credit file to see if anything is showing?

I would just send this

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

See if further infomation is forthcoming

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You need to send the SB letter as it ony becomes harrassment after you've declined to pay. Get ptoof of postage (free over the PO counter) and keep it on file. Apex seem to be doing their best to 'get it right' once you show you know your rights so this should do the trick.


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Thank you everyone who assisted - I will keep you posted! Many thanks to the kind person who suggested the letter to send to them - I am working on this as I write!

 

Miffed (but happier now):whoo:

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Hi folks - I today received a letter from Apex saying they have "referred this account to Cabot Financial for them to provide a copy of your agreement, terms and conditions and statement of account, to enable us to deal with your queries efficiently". Queries indeed! They go on:

"We have placed the above account on hold and you will not receive any further contact from us until we have the received these [sic] documents from Cabot Financial".

 

Obviously they are going to continue harrassing my wife - or perhaps this is their way of apologising and writing the matter off? Surely the Statute Barred status still applies, no matter what they call themselves or who attempts to pursue this old debt?

Edited by Miffed of Skye
my typo!

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As I Understand it, the problem with SB if you are based in England is that the collection agents for some strange reason still try and pursue although they cannot take court action. In Scotland the debt ceases to exist after five years and therfore cannot be pursued.

 

Nevertheless, if all they do is send beging letters ,simply treat it as junk mail and they will get fed up.

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Instead of treating the mail as junk, report them to the OFT and Trading Standards, it is clear from their guidelines that creditors must stop chasing statute barred debts when asked to do so. They are wasting their time sending the letters if they can't take any enforcement action.

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Yes, report them if they contact you again. It doesn't matter what documentaiton they obtain, it is still SB'd. However, watch out of a phantom mysterious payment...that seems to be the latest DCA 'trick'...


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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At it again I see:madgrin:


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