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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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UK debt living abroad after 10 years. Feeling wretched.


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Haven't heard anything at my address here…but even after sending them my letter with my new address & my relative telling them on the phone that I don't live there,they are still sending letters to her address. She's just sent a couple back in the last week marked "not at this address". I don't know what was in them as she just sent them back unopened…

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Ok. Now we know they are simply fishing for info, or the hopes someone will bite and start paying.

 

If she gets anymore letters like that, simply write a full complaint headed to the company and advise them in no uncertain terms that the addressee does not reside there, and should any communication arrive, then legal action for harassment/stress will be considered. Thats usually enough to make them think twice. If they fail to understand that, get a complaint into the OFT, and perhaps issue them a lba, (Although i think the threat letter will do the trick well enough).

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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To be honest it's making me mad. They have my address now,they can't keep posting stuff there for me expecting her to fork out for the postage every time to send every single letter on to me. If they have something to say they have my address here & they've sent absolutely nothing here so far (unless it got lost in the post!) I think I’m going to send them a letter again tomorrow. Any idea what to put & what not to put in it would be most welcome.

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TBH I would just ignore them but if your mother wants she could make a complaint to her local Trading Standards office & you to the ICO https://www.ico.gov.uk/Global/contact_us.aspx They are required to ensure that the data they are processing is correct which includes peoples addresses.

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Thats what DCA's do. They wear you down until you give in, as must people don't complain or know who to complain to.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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To be honest it's making me mad. They have my address now,they can't keep posting stuff there for me expecting her to fork out for the postage every time to send every single letter on to me. If they have something to say they have my address here & they've sent absolutely nothing here so far (unless it got lost in the post!) I think I’m going to send them a letter again tomorrow. Any idea what to put & what not to put in it would be most welcome.

 

Don't bother. They have your address abroad and like I said before they won't bother to write to you to confirm this. They won't note your credit record that you are gone away either.

 

You are misunderstanding how these debt companies operate. They just receive lists containing thousands of debts, which are loaded onto their systems. Using the information they then generate letters and phone calls for a period to see if they can collect any money. If they get anything back i.e information from phone calls or letters, they may or may not note this. Most old debts will not generate any money, so they sell these on after a few months. If any information would make it difficult selling on the debt, then I doubt that they would note it. So I expect your letter has just been filed away somewhere or bined.

 

Just get your relative to put any letters back in the post marked ' return to sender, addressee does not live at the address'. Any phone calls to tell the caller that the person they are phoning does not and has never lived at the address. You relative may be bothered for a couple of months and then it will go quiet.

 

If you send them another letter, you probably won't get a reply again. You will just feel more frustrated. The other possibility is that they now know you relative has passed on the letters, so they think you are worried or embarrassed about your relative receiving post. They may think that they have you hooked and if they continue sending letters to your relatives address while ignoring you, they may break you, causing you to make a payment. Don't fall for this. Just ignore them and ask your relative to do the same. They cannot do anything and will give up.

We could do with some help from you.

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Useful info unclebulgaria,thanks. Yes,they know she sent on the first letter of course because after I received that I replied to them from my current address. In the meantime while I was waiting for that first letter she received another which she sent back plus they phoned her and she told them I lived overseas & had done for the past 10 years. The most recent 2 letters came in the period after they received my reply with my new address. I just wish they'd stop sending letters to me at her address as it's a big stress not only for me but for her. I’m not there,I don't have any assets in the UK (not much here either!)& I can't pay them anyway:-(

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Ok. i think its time we gave you acute advice, as it seems you are still thinking they are within their rights to do what they are doing.

 

 

From this second onwards, should ANY mail come from them to your relatives house, get your relative to place a label over the address and mark it return to sender : Not known at this address. It may take a month or so for them to get the message, but they'll stop.

 

The reason they are still sending out letters is because they were fishing originally and by you or your relative replying, they think they have a bite. If you stop corresponding with them and just send the letters back, then theyll soon realise that you are the fish that got away, and theyll move on to another "fish". If they fail to do this, after a month or so, your relative then has just cause to start official complaints and possibly legal action against them.

 

Remember, most DCA's do not care about the law. They just want money.

 

Stop worrying, stop panicking. They cannot do ANYTHING to you at all, and its your relative that must follow the instructions given to be rid of them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Ok. i think its time we gave you acute advice, as it seems you are still thinking they are within their rights to do what they are doing.

 

 

From this second onwards, should ANY mail come from them to your relatives house, get your relative to place a label over the address and mark it return to sender : Not known at this address. It may take a month or so for them to get the message, but they'll stop.

 

The reason they are still sending out letters is because they were fishing originally and by you or your relative replying, they think they have a bite. If you stop corresponding with them and just send the letters back, then theyll soon realise that you are the fish that got away, and theyll move on to another "fish". If they fail to do this, after a month or so, your relative then has just cause to start official complaints and possibly legal action against them.

 

Remember, most DCA's do not care about the law. They just want money.

 

Stop worrying, stop panicking. They cannot do ANYTHING to you at all, and its your relative that must follow the instructions given to be rid of them.

 

Exactly.

 

The letters they are sending, just automatically print off their system. They send them for a couple of months and then give up.

 

I speak out of experience. I have had the same for a relative moved abroad. I was your relative. It is a hassle for them, but if they are just told to return the letters marked return to sender, it is not much hassle. If they catch the postmen, they may take the letters back, saving a trip to the postbox.

We could do with some help from you.

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Thanks. I suppose it's the not knowing what to expect next that is making things worse for me. I really am trying to stay as calm as possible and your advice is helping me out but it's like every day I expect the worst. I don't know why I bothered to tell them my new address at all sometimes,I honestly thought that was the least I could do as it's my mess.

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You do know what to expect though. You know to expect that they cant and wont do anything. They have no legal remit to do so. We keep telling you this but for some reason you are still worrying. From now on, just ignore everything they send. Tell your relative to mark any post, return to sender. In a few weeks to a month or so, theyll give up. The reason they are still contacting you is because they think they are on to a cash cow, so theyre not going to give up. If you stop all contact, theyll send a couple of stronger worded threats and then move on to someone else.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Oh,believe me I am following your advice & just getting everything sent back marked not at this address etc. I’ ve just been feeling so sick recently & all this isn't helping me to get better. It's been about a month now since the first letter arrived. I know you say they can't do anything but my worst fear is that it did go to court at some point in the past (I haven't been able to check that out yet,I wish I just had a card to take care of checking that myself ) & they could send people round to my relative’s address. I really don't want that to happen.They don't seem to believe anything they're being told about me being out of the country which is worrying to me.

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They wont send anyone around. You dont live there, so ANY and ALL court action would be rendered void, as they filed a claim against a non UK resident. Court rules state specifically that claims can only be made against a resident of England or Wales.

 

Again, you are worrying too much. You are thinking about "what ifs" and not what is actually happening right now.

 

If you are concerned about CCJ's etc, then go to http://www.trustonline.org.uk/ and check. If its not there, then theres NOTHING that can happen. If something is there and its close to or more than 6 years ago, then NOTHING can happen.

 

Also, why worry about what the DCA thinks. They have NO legal powers at all, and couldnt do anything, even if they did have. You are falling into their trap by believing what they are saying and doing, instead of actual law and regulation.

 

 

Don't take this the wrong way, but theres only so many ways we can actually tell you all this. I think it's time i dropped out of the thread now, as theres really nothing else i or anyone else can tell you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Sorry renegadeimp,no offence taken. Thanks for all your advice up until now and again my apologies for being a pain. I am listening to you. It's just that this is all very new to me & being on the other side of the world trying to deal with this is really proving difficult for me.

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Just ignore them. Your a/c will be one of many thousands that they are dealing with from a portfolio of debts they will have bought for next to nothing compared to it's face value. They will soon move on to their next victim when they realise that they are not getting any interaction from you.

 

They will not waste their time, money and energy pursuing this once their automated cycle of threat-o-grams have been exhausted. ;)

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Found this quite interesting (funnyish) article on Japanese life.

 

http://thisjapaneselife.org/2012/05/09/on-drinking-too-much-in-japan/

 

Perhaps there is a cultural dimension to this ? I know in Japan debt/failure is looked at in a totally different way to western countries. In the US they view debt as essential to life and there is often no embarrassment to not being able to pay it back. In the UK most people of an older generation view debt in a different way to younger people. I think younger people in the UK, now have similar views to US citizens.

 

Going back to the thread. I can see little pointing sitting in Japan worrying about it. It is not as if you have any option, other than to follow the advice given. Worrying won't change the situation.

We could do with some help from you.

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Sorry renegadeimp,no offence taken. Thanks for all your advice up until now and again my apologies for being a pain. I am listening to you. It's just that this is all very new to me & being on the other side of the world trying to deal with this is really proving difficult for me.

 

Please take a deep breath and forget all about any past debts and get on with YOUR LIFE.

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I have one piece of good news at least,just checked trust online & nothing registered so am I right in assuming nothing was raised or there was something & it already expired?

 

Exactly. If there was a live valid court judgement it would be on trust online. So they have never applied to court or it has expired.

 

For most debts, actually the original creditors and/or debt collector never go to court. The reason being is that they will handle thousands of debts every month, year after year. If there was court action for even a fifth of the debts, they would be in court every day and it would be very expensive. Then having paid the court fees, there would be no guarantee they would get the money back.

 

You can apply to the Credit Reference Agencies for a copy of your UK credit report. If you are that worried about this, you may want to get hold of your credit report, although you do need some documents to be able to do so. This is taken from the Experian site. ( http://www.experian.co.uk/consumer/faq/GR1.html#q558

-----------------------------------------------------------------------------------------------------------

I don't reside in the UK. Can I still apply for a copy of my credit report?

top_page.gif

 

 

You can apply for a copy of your credit report if you live outside the UK, providing you are asking about a previous UK address.

  1. Print a copy of our application form. You need Adobe® Reader® to open the printable form.
  2. Complete the application, including your full name, present address, and any other addresses you lived at in the UK during the last six years.
  3. Enclose a cheque or postal order for £2.00 made payable to Experian Ltd.
  4. Send the application and payment to Experian Ltd, Consumer Help Service, PO Box 8000, Nottingham, NG80 7WF.

As you are currently living overseas you should send original documentation connecting you to your present address and previous UK address (eg, bank statement, tenancy agreement, solicitor's letter, or recent utility bill in your name), as well as a copy of your birth certificate, passport, or driving licence.

 

We advise you to also contact the other two UK credit reference agencies for a copy of the information they hold, as it is not necessarily the same. Click here for contact information for other credit reference agencies.

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We could do with some help from you.

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Never knew I could do that UB ,thanks. Only problem is I don't have anything connecting me to my last address anymore,it’s been so long & don't really want to get in touch with my last landlord as I’m pretty sure he doesn't like me much what with all the collection letters they probably got for me there :sad: Anyway I’m guessing that it's shot to ribbons so…hmm. I am feeling a bit better about this & next week I plan to get in a complaint to the ICO at least like Cerberus said I could do a while back. Just trying to stand a bit firmer than I have been doing of late if poss. This has all been a bit of a weird learning experience for me.

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Personally I would not bother with a complaint to the ICO. They won't take any complaint seriously. I suspect that they would just say that the debt company had written to an address that was linked to the person in question, as well as making a few phone calls. They will say that there is no evidence supplied that there have been any breaches of Data Protection. I doubt they will write to the debt company, warning them about writing to an address they now know you don't reside.

We could do with some help from you.

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Aagh,gotcha. Wasn't sure if it might be worth a shot. So it's pretty much a question of just waiting things out then? Grr. Looks like there's not much option :|

 

Sit and do nothing. Forget about it. You have told them you don't live in the UK, so have done as much as you can.

 

Why worry, when you have been out of the country for 10 years !

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Sit and do nothing. Forget about it. You have told them you don't live in the UK, so have done as much as you can.

 

Why worry, when you have been out of the country for 10 years !

 

 

Well yeah…actually I’ve been the far east’s most antisocial wotsit for the past month since this came up & tonight the very kind friend who helped me out with the online payment to trust online is taking me out for a few beers. When that " nothing registered " came up I burst into tears …you have no idea,he was really worried about me I think :oops:

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