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    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
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Jimbo00

Proof of default from Royal Bank of Scotland Mint Card

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]Hi guys,

This is my first post on here so please be kind. I defaulted on a Mint card way back in June 2007 for £4,500.

At that time I was in dispute and refused to pay monthly payments until this was sorted. I then heard NOTHING for five years and for the first 18 months of that the debt appeared on my Credit Expert file as an ongoing 3 ball. last year however, I received a letter from the dreaded Arrow Global who informed me they had 'bought' the debt from Mint.

 

I asked a barrister who informed me that selling a debt is unlawful, but non the less they are still taking people to court and winning!

I got onto Mint and asked for proof of being in 'default'. they sent me a letter telling me when I defaulted and the date they CLAIM to have sent the letter out. However, they also told me they could not send me a copy of the default letter as they are printed and sent out automatically.

 

My questions are these:

Can a non- regulated debt collection company like Arrow Global really take me to court and WIN?

What can I do to verify whether Mint have ACTUALLY registered a default against me and if it is legally binding?

Can they do this if there is no legitimate proof of my going onto default?

Can Arrow Global still take me to small claims court without a proven default notice?

What can I do to fight this and sponging ambulance chasers like Arrow global?

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Welcome.

 

You say 2007, can you remember the actual month ?

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It was June 21st 2007 according to them? Also, when I put it to them that the 6 year thing is up this June, the girl on the phone told me that they could still chase me for the debt even though it had to be withdrawn from my record.

Are they bull****ing me I wonder?

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"According to them" is not what you want, do 'you' know when you last made a payment ?

 

You can't go by them, they will tell you anything to get you to pay.

 

If it is over six years, then yes they can still chase you as the debt will always exist, but they cannot take legal action against you to recover it.

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I was also told that the six year rule only applies IF no communication from either side has taken place during the WHOLE of those 6 years. Is this true? if it is, I shot myself in the foot getting in touch with the sods (Mint).

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No, you can send them all sorts of letters including Christmas cards if you want, but unless you actually admitted to owing the money, then it is not an admission so SB would be in effect.

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There was an acknowledgement of an account in dispute, but not of a debt on that account from me to them.....is that the same?

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I actually last made a payment in 2006! Does this make a difference? Or is this all done from the default date? Thanks for all your advice by the way.

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IHTM28384 - Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

Under the Limitations Act 1980 the time limits are

 

  • in simple contracts, 6 years
  • in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

These instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 12th edition at Chapter4.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.


Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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I'm a wee bit confused as to what i have done? I will copy and paste the part of my letters that this might relate to and welcome your advice. The below dialogue is the nearest I have been to admitting that I owe anything to either Mint or Arrow Global. Is it enough for them to act upon i wonder?

 

To Arrow global on 13/1/13 I wrote

 

Thank you for your letter dated 09/01/13. Though I acknowledge the agreement made with RBS I would point out that we have no knowledge of any such debt being owed to Arrow Global or Fredrickson International and that only the original creditor can issue proceedings against a debt and NOT a third party such as your company. Also, as this account has been in dispute since 2005, no third party should be contacting me regarding this matter. I owe Arrow Global NOTHING.*

 

And to RBS on 12/1/13 I wrote

 

 

I have recently been receiving demands for £4.500 from Arrow Global. A copy of their latest correspondence and my reply are enclosed

 

A brief overview :

 

The above account was put into dispute back in 2006 as the Mint Card Services (RBS) put the account with a debt collection agency without it being near a default situation.

A case was opened with the FO who sent a ruling to the RBS that a '3 ball' on my Equifax report was an unreasonably short amount of time to call in an outside agency and the matter should have been dealt with via The RBS recoveries department.

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You have acknowledged entering into the agreement, but whether that acknowledges the debt, I dont know.

 

I dont know where your barrister obtained his information, but the purchase of delinquent debt is big business and is quite a profitable and LEGAL action.


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