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    • I’ve seen a few threads on this already and unfortunately I’m in a similar situation through my own idiocy and stupidity,    I received a letter asking me to attend a telephone interview and provide statements for “ may to august 2020 “as they have information to believe “mr x” is living at the address... the interview is next week   Every single document they have asked for is in his name, I feel so stupid for this I was going to ring up and Cancel my award but with the pandemic and worry over income I made the awful mistake of not doing so,    unfortunatey for various mental health, personal reasons i have also been claiming before this period, our relationship hasn’t been stable but we have always remained friends since we had a child together in 2015, I’m petrified they are going to ask to go back that far and the bill is going to be awful,    I want to just ring up and own up to my partner living here during those dates but I want to know if they are then going to go digging for anything previous to that?    what I’ve done is wrong and awful and I want to own up, but I’m so scared and nervous that if I own up to the previous few years too my bill will be so high and I will go to prison , what’s worse is that my partner doesn’t know I’m still claiming he told me ages ago to stop but life just got on top of me and I suffer with ptsd and anxiety and one thing led to another  putting it off   i won’t be entitled to any award as my partner now earns above the threshold for this   do I just stick to owning up about the dates they ask or do I tell them about the previous years claims by telling them the exact date he moved in   to compile the misery on this we decided to make a proper go of it and got engaged in January this year so it’s just another thing that they will find if they dig enough as the venue is now booked for 2022   im so ashamed and embarrassed by my actions i feel like there is no way up for air from all this and I don’t know which way is the best route to take, why oh why didn’t I chance it when intended too earlier this year
    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
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PRA Group (Aktiv?) chasingHSBC statute barred debt


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Yesterday I began receiving phone calls from a 0203 number,

which turns out to be PRA Group Debt Collectors (Aktiv Kapitol).

 

 

They are now bombarding me with calls (even the number is on auto reject) and automated voice mails requesting I call them.

I used to have dealings with Aktiv over an old HSBC debt which passed in statute bared status over a year ago (if not longer).

 

I won't answer these calls and will only deal with them in writing (if I have to contact them at all) but other than that what can I do?

I am unable to pay off the debt (and it is unlikely I ever will be able to) and to be honest I thought I had put the days of being chased by DCA's behind me.

 

Also, why start bothering me now when I have had no contact with Aktiv for years (save for an account statement last year)?

The debt is no longer on any credit file (I check all of them religiously) although I am worried they will try to [problem] me in some way.

 

Any advice?

 

Thanks in advance.

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If all you are getting is calls, and if the number is set to auto-reject then I would do nothing unless and until you receive something in writing. You can then send the SB letter.

 

If you are finding the calls too much and provided that you are certain that the debt is SB, then send a letter stating that any alleged debt is SB and that you consider that the constant and continuing calls amount to harassment and that you will report them to the appropriate authorities.

 

What you don't want to do is get into a game of letter tennis.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thank you for the reply.

 

I'm not planning on doing anything until something in writing turns up

although having to delete their voice mails daily may get tiresome!

 

 

It just baffles me that they seem willing to start up another hounding campaign

(I suffered badly previously resulting in suicide attempts due to the stress) despite getting nothing from me over the past 7 years plus.

 

 

I am also concerned as to where they got my phone number as it is only given to trusted individuals.

 

I'll see how it goes but I really don't want to go through the whole process of phone calls, letters, emails,

door step and work place visits, threats and [problem]s again.

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you could look up their fax number and fax them a copy of an old newspaper or something made into a continuous loop. Do this when the offices are closed for about an hour so it just wastes their fax paper and they find a pile of garbage in the morning.

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you could look up their fax number and fax them a copy of an old newspaper or something made into a continuous loop. Do this when the offices are closed for about an hour so it just wastes their fax paper and they find a pile of garbage in the morning.

 

LMAO i used to do this with a sheet of black paper (kills the toner) when i used to get spam faxes, it was looped and i would leave it for ages, rinse and repeat.

Eventually the spam faxes stopped.

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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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  • 2 weeks later...

I spoke to PRA today (more accident than design) - as I though they were chasing up an old HSBC debt.

 

 

I let the agent give me her spiel before replying 'I believe that debt to be statute barred'.

 

 

She went quiet and asked me to hold whilst she checked their records.

 

 

Upon coming back to the call she confirmed that to be the case and that she would up date records and remove my details from their chase list.

 

 

If this is the case then I am pleasantly surprised - I was expecting a long drawn out process.

 

However, we shall see

- at least my credit file is clean and I know I have access to my bank details for past 8 years

so will easily be able to disprove and claim to payment over that time.

Edited by mascam
typo
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You NEED to get confirmation of that in writing, as they will wait a month and continue chasing, or they will sell it on.

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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I spoke to PRA today (more accident than design) - as I though they were chasing up an old HSBC debt.

 

 

I let the agent give me her spiel before replying 'I believe that debt to be statute barred'.

 

 

She went quiet and asked me to hold whilst she checked their records.

 

 

Upon coming back to the call she confirmed that to be the case and that she would up date records and remove my details from their chase list.

 

 

If this is the case then I am pleasantly surprised - I was expecting a long drawn out process.

 

However, we shall see

- at least my credit file is clean and I know I have access to my bank details for past 8 years

so will easily be able to disprove and claim to payment over that time.

 

 

ruddy fleecers trying to spoof people

 

 

well done

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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You NEED to get confirmation of that in writing, as they will wait a month and continue chasing, or they will sell it on.

 

That is at the back of my mind but Aktiv/PRA have held the debt for 8 years now.

 

 

I can't see anyone really wanting to buy it given the length of time and its current status

but as ever in this industry I've learnt to never say never.

 

 

Aktiv/PRA were fully aware the debt was statute barred and just (as dx100uk suggests) spoofing.

 

 

The last contact I had from them prior to this was 3 years ago (just before the 6 years was up) when they were offering a 90% write off.

 

If they continue to contact me I'll send out the statute barred template as per this site.

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