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    • win or lose defaults/credit files are nothing to do with courts.   your lowells WS was very good and this one just a bit too sparse on what you are trying to say IMHO too many points just listing a diary even of this or that happening. might pay you to slightly change it and use yours to rip theirs apart.   like say point 4...load of ole waffle trying to hide the fact that the CCA hasn't come from Barclaycard at all but from their filing cabinet and is a cut n paste jobbie.   im also a bit sceptical about the default notice and IS it a copy, there a mailmerge line above the address box and it just doesn't look right. check the balance at that date ib their statements, does it match £36??   I also don't like their points 9/10/22 relating to it. they quote 2 sets of page numbers referring to where in the bundle its located?   21 don't forget to rebuff carey as not applicable   lastly. I believe that paralegal must be in court so they can be cross examined by you and answer questions? else it can't be referred too?      
    • I've done some work to the section I'll paste below. (obviously the section numbers will change) These points are all supported by EXHIBIT A1 which I will attach here.          ENTRANCE TO CAR PARK   1.            On [DATE] the defendant visited Pizza Hut with a party of friends. The defendant was not the driver of the vehicle. The vehicle travelled along North Ormesby Road, turned right onto Woodside Street and sharp left into the parking area in front of Pizza Hut. This is the most obvious and direct route to Pizza Hut. See Exhibit A1 for details.   2.      There were no signs pertaining to the claims of the claimant visible to the driver of the vehicle on the route set out in Exhibit A1   3.      Taking the route laid out in Exhibit A1 clearly results in the act of “parking”. It must therefore follow that the vehicle has “entered” the car park. This entrance must be located either at the point of leaving North Ormesby Road and entering Woodland Street or else it is at the point of leaving Woodlands Street and entering the parking area.   4.      These two possible locations of the entrance are shown in Exhibit A1. Whichever is the case neither location has a sign at the entrance to the car park. It is therefore not possible that the defendant entered into a contract with the claimant.   5.      Neither location that may be considered the “entrance” to the car park bears a sign erected by the claimant.   6.      There were no signs erected by the claimant visible to pedestrians as the party left the vehicle and entered Pizza Hut. Exhibit-A1.pdf
    • Just a quick update.   Erudio Student Loans returned my £1 postal order that I had sent them for the CCA request. They sent a letter saying "Thank you for your correspondence but your account has been terminated and is now with Dryden's Fairfax Solicitors."   Dryden's sent me a letter regarding the CPR saying that they are waiting for documentation from their client, and offering me a further 28 day extension to file my defence (I've already filed it - don't worry!) Dryden's then sent another letter acknowledging my defence and saying they would seek their client's instructions. I've not attached the letters as they seem fairly standard - but I can do if you want me to.
    • Is there a way I can stop these thieves though? id sure like to become anonymous!!   H
    • A SAR was sent to BPF which is what I received today, the CCA was part of that. (I actually forgot I sent the SAR and thought this was the CCA reply which it isn't)   I also sent a CCA request to Hoist which has not been returned yet. (The £1 cheque has been cashed)   Both were posted on 30/01/2020
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nomorestudent

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Please help!! I've just received a letter from the above saying that I owe them £ from a student loan I took out in 1994 - 97. I have had zero contact with anyone about this since at least 1999, and they say they will not accept monthly payments but want the money within 21 days or they will come round and recover goods! I am in a state. I'm afraid i did foolishly call them as wanted to sort this out, but have been reading that I shouldn't have phoned. Can they do this??

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in a word, no they cant do this, they are not bailiffs, stop calling them and wait for thier next begging letter


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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should I send them a letter telling them it's staute barred and quoting relevant legal comments?

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They actually put in writing that they would come to your house and take your stuff??

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The letter states *DO NOT IGNORE THIS NOTICE, FURTHER ACTION WILL BE TAKEN TO RECOVER THIS DEBT INCLUDING AN AGENT ATTENDING YOUR PROPERTY OR LITIGATION* When I called i said we did not have the money, she said perhaps you can sell something or ask family, I sadi we can't, she said well do you want 21 days to find it? I repeated, we do not have this money, she said ok then I'll tell my manager to start recovery. I then said I cannot speak to you at this moment. It is ridiculous and then put the phone down. I am worried sick :|

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****, I have blown it by admitting it exists haven't I?

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OK, stop speaking to them on the phone. If they call again TELL them to put it in writing and put the phone down. Acknowledgement only counts if you pay or put it in writing.

 

Their letters are designed to scare you into paying, don't be scared. Send them a letter stating the debt is statute barred and you won't be paying. Someone will be along to post a link to the letter template soon enough.

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Thank you. I am actually in tears here.

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Dry your eyes! They are sub-human **** and rely on fear to collect debts.

 

Chin up and feel safe in the knowledge they CANNOT touch you.

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If you didn't defer, make a payment or written admission of the debt for a clear period of six years (five in Scotland) it is Statute Barred... end of. ;)

 

Send this; http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred


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Thank you so much. I feel such a moron for phoning them but then I wanted to try my best! I've never had such a horrible response -It's frightening and I'm not usually scared off by such things... I'll send the letter (not signed by hand of course!!) and see what happens

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The CAG mantra is never speak to these people on the 'phone, everything should be in writing.

 

If they do 'phone you must refuse to speak to them and demand that they communicate in writing only. These telephone monkeys have a habit of saying things they would not dare commit to paper. ;)

 

They may come back and say a phantom payment has been made which would prevent it from being SB. The onus is still on them to prove it & provide evidence of by who, when & by what method any alleged payment was made.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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but can they use that I offered on the phone to try to come to an arrangement as a reason to wipe the 6 years?? if you see what I mean...

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but can they use that I offered on the phone to try to come to an arrangement as a reason to wipe the 6 years?? if you see what I mean...

 

No, they need written evidence. They could have spoken to anyone. ;)

 

Besides, if there was any clear period of six years it would be SB. You could admit it in writing, tattoo it on your bum & display it in Harrods window & it still wouldn't unbar it... nothing can.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Oh God, I've now been told by someone that pre 1998 student loans aren't covered by the 6 year bar, but it's 25 years plus they will not write it off if nothing has been paid off it. Basically, I never paid anything, and never even got a chance to defer as no-one has been in contact with me about it since around 1999. I am seriously scared again!!

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The 'old style' loans pre Sept '98 can/do become SB after six years. They are confusing the 'New Style' post Sept '98 which doesn't. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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