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    • You can't, but you can (and really should) bring up the point that the lender isn't meeting their legal obligations in selling the property for fair market value. You'll have to do this in court, though.     A receiver is bought in by the lender, not you. If they're a registered insolvency practitioner, you may be able to raise a complaint to the insolvency service but there are no guarantees here. Many receivers are also registered with the RICS and self-regulate so if you know the name of the receiver you can check there, again no guarantees.   https://www.rics.org/surveyor-careers/career-development/accreditations/registered-property-receivership-scheme
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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
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CCS collection agency


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I got a random call today (AT WORK) from a company called CCS

apparently i have spoken to them before he suggested (i dont think so)

also he claimed i was expecting a call (again lies)

 

he went on to tell me the calls were recorded and to say their company had been passed on the debt by Activ Kapita about a debt from Barclaycard

(joys of my ex boyfriend screwing my credit over with this card)

 

i said to him it was 2001 and he said yes but you defaulted in 2004!!! funny that seen as its 2012 now...

 

i reminded him that if i defaulted in 2004 then doesnt that make it Statue Barred (he said yes but you defaulted in 2004)

then i repeated that it was more then 6 years ago and is statue barred and he put the phone down on me!!!

 

in regards to this debt i haven't paid anything to them since 2004 maybe 2003 and i haven't spoken to the company or barclaycard since then.

 

what do i do now??? please help

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Nothing to do. You've told them in SB'd and you won't be paying. If they contact you again tell them in writing only and put the phone down. If they write to you write back with the SB letter but edit it to say "as you were advised when you rang me at my work address this is SB'd...." and if they contact you again after you've put that in writing report them. Check your CRA file also.

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Nothing to do. You've told them in SB'd and you won't be paying. If they contact you again tell them in writing only and put the phone down. If they write to you write back with the SB letter but edit it to say "as you were advised when you rang me at my work address this is SB'd...." and if they contact you again after you've put that in writing report them. Check your CRA file also.

 

 

thanks for the advice...you know i have looked on my experian report that years ago used to show this information and now it doesnt mension it at all :s

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and you need to report them if this is a works phone number - ICO/OFT

 

that is against all guidelines

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That in itself is a valid reason for complaning - it could be anyone - and pre removal would suggest they are assessing your assets - which is a big no no.

 

www.consumerdirect.gov.uk for the OFT

www.tradingstandards.gov.uk for Trading Standards

 

or you could use our search tooo.... top right

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

To stop all contact send the following

Dear Curr or Madman,

I write in response to your communication

regarding a debt to xxxx which you claim

is owed by me PLEASE TAKE NOTE from

advice received and my own research I now

inform you that any such alleged debt is

STATUTE BARRED and therefore I will not

now or in the future make any payment or

offer of payment .

You will cease to process any data relating to

me forthwith.

I am sure I do not have to remind you of the OFT Guidance

2003/2011 and the sections regarding SB debts in particular

the section on passing or selling on SB debt without informing

the debt purchaser of the status of the debt.

Send RD to thei Compliance manager.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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To stop all contact send the following

Dear Curr or Madman,

I write in response to your communication

regarding a debt to xxxx which you claim

is owed by me PLEASE TAKE NOTE from

advice received and my own research I now

inform you that any such alleged debt is

STATUTE BARRED and therefore I will not

now or in the future make any payment or

offer of payment .

You will cease to process any data relating to

me forthwith.

I am sure I do not have to remind you of the OFT Guidance

2003/2011 and the sections regarding SB debts in particular

the section on passing or selling on SB debt without informing

the debt purchaser of the status of the debt.

Send RD to thei Compliance manager.

 

 

Excellent I'll get on with that letter tomorrow. I have no information about this debt so shall I wait to see what letter they send me or just send with my details and the debts origin?

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  • 1 month later...
Just worked on the info you have supplied!!

 

So a while ago i wrote them the statue barred letter with no details on it and I simply typed it and send it.

 

They clearly have recieved it but they sent me another letter saying I owe them money!!!

And they called my house phone which is in my partners name and ex directory and I have no clue how they got it!!

 

They are no longer Calling my work.

 

However due to investigation I found out they got my work number from LinkedIn where my profile of no content really has now been deleted along with my twitter

and I have locked down Facebook.

 

However my home number isn't displayed anywhere with link to my name.

How the hell did they get that??

 

What do I do now?

 

I thought the letter would have been enough

 

Please help!!

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ignore them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes they will

but the more you write/call or whatever

the more they think they can spoof you.

 

you've sent the SB letter.

 

end of!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They rang today when they said hello this ??? From Ccs can I speak to me I said oh I'm sorry I think you have the wrong number. Maybe they will bog off now. But do I ignore there letters or resend SB letter with threat to complain?

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Ok send this to their Compliance Manager

 

Dear Sir or Madam

 

Ref:xxxxxxxxxxx

 

Take note I do not acknowledge any debt to

you or any company you may claim to represent.

 

In regard to the debt for xxxxxx from advice received

and personal research I have concluded that the alleged

debt is STATUTE BARRED therefore I will not now or in

the future make any payment or offer of payment.

You will now cease to process any data relating to me and

remove all reference to from your records.

 

I am sure you are familiar with the OFT Guidance 2003/2011

and the sections regarding the pursute of statute barred debt,

and also the section regarding the sale of such debts without

informing the purchaser of the status of the debt.

No further correspondence will be entered into.

Send this recorded delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Result they sent me a letter saying after my resent correspondence (SB letter) they are closing this case and returning it to the other company. So maybe that's it or are Aktiv kapita gunna pester me now lol

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Although it is not on your credit file it does

not mean always that the debt is statute

barred, and even if it is the debt is stll live

and payable, just not enforceable in court.

The OFT Guidance 2003/2011 says that it

considers it unfair to pursue for payment of

an sb debt once the debtor has informed the

creditor in writting that the debt is sb and

they will not be paying.

Even then the debt is not extinguished.

In Scotland after 5 years the debt is extinguished.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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