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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

N1 for Hutchinson 3G


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Guest Alison82

If an account has been defaulted and now closed but it has not been paid off / satisfied, can you still write to the lender and ask them to stop processing your data as the account it terminated??

 

I know your all busy tying James Jones up in knots but can someone please answer this as I need to know if I can issue my N1 for Hutchinson 3G.

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in my opinion - it depends why it has not been settled.

if it hasn't been settled because of unlawful charges, then yes I think you have a moral, ethical and legal basis to continue.

If, and this is the awkward bit, it hasn't been settled because you just haven't kept your side of the deal, then, again, just my opinion, I think morally the debt should be paid back before you can successfully argue the removal of the default.

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Guest Alison82

It hasn't been paid due to me not receiving a default notice and not receiving my cash back from the supplier, but yes you are right I should pay it back first, but technically I could get it removed as the account is now claosed?

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The law is completely separate from morals and if there is a legal argument then there is a legal argument ;)

 

CRA data is not used for debt-collection purposes so it will not affect the creditor's ability to recover the debt if it so wishes.

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It hasn't been paid due to me not receiving a default notice and not receiving my cash back from the supplier, but yes you are right I should pay it back first, but technically I could get it removed as the account is now claosed?

 

Once the default has taken place the terms and conditions end so does the contract. If you have not made any payments be careful you do not get a CCJ because that will stay on for 6 years. I do know what you mean about not getting your cash back so I guess its the charges that have given you the default. Best prevent the CCJ from going on in the first place if possible.

 

Hutchinson seem to be particually stubborn and difficult (reading threads about non payment on a broken phone).

 

Good luck

 

Lizzy

 

Halifax

Sent LBA
27/6/06

Been on hol for a week, got home found letter from them dated
27/6/06 offer of £92 claiming £1155.10 so no deal.

Filed claim with Moneyclaim 12/07/06

Halifax acknowledged claim 25/7/06

Court papers received 28/7/06 Halifax intend to defend.

HALIFAX SETTLED IN FULL 1/8/06

Donation made

Birmingham Midshire (mortgage charges) Prelim letter sent 2nd Aug 2006, full offer received 11th Aug with conditions.

13th Aug accepted offer unconditionally.

BIRMINGHAM MIDSHIRES (MORTGAGE) SETTLED IN FULL 24/8/06

Sent SurlyBonds template letter to get defaults removed to Birmingham Midshires 27/08/06

DEFAULTS REMOVED 5/09/06.
THATS 9 DAYS LATER, YES 9 DAYS

 

 

 

 

 

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The law is completely separate from morals and if there is a legal argument then there is a legal argument ;)

 

CRA data is not used for debt-collection purposes so it will not affect the creditor's ability to recover the debt if it so wishes.

 

Isn't it? So all those contracts that say "we may send off your data to CRA's to assist with debt tracing, etc.. etc.." doesn't apply :confused:

 

I was under the impression that DCA's use the CRA's to trace debt dodgers.:-|

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CRA data is not used for debt-collection purposes so it will not affect the creditor's ability to recover the debt if it so wishes.

 

sorry, that wasn't my point.

 

My moral compass says that you can't really complain about one parties breach of contract if you have also failed to keep your side of the deal. (I'm fully aware of the hazards of standing on the moral high ground!!)

 

Just my opinion.

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Isn't it? So all those contracts that say "we may send off your data to CRA's to assist with debt tracing, etc.. etc.." doesn't apply :confused:

 

I was under the impression that DCA's use the CRA's to trace debt dodgers.:-|

 

They obtain your address details yes, if you're moving all over the place, but your financial data is irrelevant at that point, which is what I was referring to. The CRAs play no role in actually getting the money back, their showing a default notice doesn't have an impact on that.

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They obtain your address details yes, if you're moving all over the place, but your financial data is irrelevant at that point, which is what I was referring to. The CRAs play no role in actually getting the money back, their showing a default notice doesn't have an impact on that.

 

Ok, but just to add. THE CRA say they don't process our data, but they do.

 

The CRA's are making people's personal data available to a DCA, so that means under the definition of processing in the DPA the CRA is processing our data by making it available.

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Guest Alison82

Thanks for everyone’s input, I'm not trying to get out of paying 3, I just don't have the funds at the moment but I need to get this default removed, I will propose to pay them back monthly.

 

Morals, they didn't care about morals when the recommended to their potential customers the bogus company that took my money!! Which I was going to use to pay them, and they did not care about morals when they did not supply me with any form of notice, not even a phone call to say "we are going to default your account unless you make a proposal to pay"!

 

Hummm a bit confused now!

 

Interesting point though Tobes, accounts with DCA's do not show on your credit file, I will need to check this out!!

 

So, by Law I could continue with my N1 and then pay them back slowly?!

 

Thanks everyone!! :)

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So, by Law I could continue with my N1 and then pay them back slowly?!

 

You are always free to claim against another person/company via an N1. You just have to be prepared for the other side to disagree and defend against you. Please just make sure you completely understand the arguments beforehand. Also at £150 a pop, they are not cheap and you risk throwing good money after bad.

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  • 1 month later...
Once the default has taken place the terms and conditions end so does the contract. If you have not made any payments be careful you do not get a CCJ because that will stay on for 6 years. I do know what you mean about not getting your cash back so I guess its the charges that have given you the default. Best prevent the CCJ from going on in the first place if possible.

 

Hutchinson seem to be particually stubborn and difficult (reading threads about non payment on a broken phone).

 

Good luck

 

Lizzy

 

I thought once an account was in default, then that was it - account closed. So can they then decide to put a CCJ against you for that account?

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