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    • Guys just to let you know. Chasing these claims is more out of the principle for me. Truly value the help CAG give and provide. Admire the reassurance and advice you give, especially to those in desperate need. Will be looking to donate a significant portion of the final claim. 
    • well I'm afraid that you have missed the main principle which is why should you pay more in order to insure them against their own breach of contract?    This is the confidence trick which all courier companies seem to be practicing against their innocent customers and it's been going on for years.   Follow the link to the piece on extended warranties and you will understand more about how you've been conned into giving up some of the value of your own property because they have breached their contract towards you and lost the item. It is Hermes who should be insuring against their own negligence and their own contractual breaches.   Hermes should not be relying on their customers to protect them against their own contractual breaches. That is the principle that you should be be attempting to defend and unfortunately you appear to have surrendered it.  
    • great stuff. i will continue to lurk and help with any currys pcw related items i can. bare in mind i no longer work for the company any things may change in the future as far as processes.   id personally never buy anything samsung after having had to call their useless customer service for the past few years. they dont deserve your money
    • Hi,    Not sure if I have the right place but a lot of questions seemed to be answered really well so I will try and tap the available knowledge.   I am a student mental health nurse in my second year and have run into a problem regarding my licence.   At the start of June I had a bipolar episode that finished, declared by my psychiatrist on Oct 6th.   I am fine with this (as you can be) as it has happened every 5 years for the past 20 years.   The time previous to this I took my car off the road and did not inform the DVLA and then when my psychiatrist "indicated" it was ok I drove.   This time because I wanted to do it right because I am trying to "do it right" I contacted the DVLA and just wow.   They told me the date was to be the 29th November to start my 3-month ban and that I was to send back my licence and re-apply after those 3 months.   Can I ask a question or two about this information???   Why did they start my 3-months on the 29th Nov when my doctor told me I was completely fine on the 6th Oct - It has added a huge amount of time onto my ban (7 weeks approx).   Is there anything I can do about this? It's like they picked a future random date out of the air(29th Nov).    Can I get them to go with my doctor's 6th Oct if I ring up and tell them this is the date she chose (she chose to declare me ill on one day, why do they ignore the date I was well?)   Should I ring them up and if so, what should I say?   Also on the re-application papers sent out there is a section that says:                                                    "where there has been a history of frequent relapses a longer period of stability will be required..."   Honestly, this terrifies me. What is the time they count as "frequent relapses?"   Is it every 2 or 3 years, or 5?    If it is 5 years and  I fall under that banner say, what are they going to say to me? A 6 month absence?  A year?   It's pretty scary stuff to be honest.   If you can reply, can you be sure to give me the correct info if you can.   I thank you for your time in advance,   All the best, ste.
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Empireday

BW legal/ VCS. PCN from 2011

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Now February, not heard anything from BW since September. I've not noticed much from BW being reported on this site recently either. Wonder if vcs have worked out that they are incompetent and not worth instructing anymore?

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not noticed much about BWL? Are you kidding?

 

They have had a number a claims they were representing thrown out because they hired someone who had no right of audience to represent their client so they couldt even present their claim.

 

 

Thye have been very busy attempting to trya an pull the wool over judges eyes regarding the POFA and when they meet someone who has read up on parking matters they lose with expenses awarded against them.

 

They will go quiet because every time someone ticks the defend in full box they ahve already lost their client about £200 and even more if the then lose the claim.

 

 

They cant afford to issue thse claims and actually attend court so tey raly on issuig court summonses to coerce peopel into paying the duff claims.

 

 

That is against the lawe but the law works very slowly so it will be a couple of years before they get told off for it

Edited by dx100uk

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I was just looking at recent posts EB, obviously I wasn't aware of the stuff you are referring to. They are still trying to harvest low hanging fruit by the looks of it then? In a way I hope they try to take me to court so that it's another defeat for them, but on the other hand I just want them to p off. The clock is ticking, it's up to them.

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Hi everyone, it is now 6 years since the alleged "offence" took place. I still haven't received any court letters from BW legal (on behalf of VCS). Am I correct to think that there is now nothing they can do, even if they wanted to? Thanks

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As long as they know your current address

They can't go for backdoor CCJ


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As long as they know your current address

They can't go for backdoor CCJ

 

I don't think that that's what Empireday is getting at DX.

 

Empireday is thinking that the 'debt' is now Statute Barred, and as the 'debt' has not been acknowledged, in fact, quite the opposite, I think they could well be correct.

 

 

I'd leave BWL to stew in their own juice though, then if they're stupid enough to issue court papers, you can wipe the floor with them :wink:


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Yes its sb'd but the means very little in E&W

The debt still exists

As long as they are writing to their current address

Then they can't get a backdoor CCJ

 

Else they will!!


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So they can still try and take me to court and would still have a case even though it's over 6 years old? Would any court stand that?

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as with any 'debt' if undefended

 

twould be a default uncontested rubberstamped judgement where nothing is checked.

 

could happen with any debt in E&W

 

which is why it is so important to always update supposed creditors on a change of address.

 

now if that did happen

then ofcourse you could set it aside because the debt was already statute barred..

 

rarely happens but there are cases in the legal forums here of consumer debt cases


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I don't think that they can. Or at least, I don't think that they'd be that stupid.

 

They may claim that it's not SB'ed because you've been in contact with them (before it became SB'ed), but as that was only to deny the debt, I don't think that they'd have any sort of case.


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I'd go with one single letter to BWL.

 

 

Dear Sir/Madam

 

Ref:

 

You have contacted me regarding the above reference number, which you claim is relating to a debt owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5:

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would point out that the Financial Conduct Authority states the following rules:

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

There has never been an acknowledgement of this alleged debt and no payment has ever been made in its regard. Unless you can provide evidence of payment or written contact from me to acknowledge the debt in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

I await your written confirmation that no further contact will be made concerning the above and confirmation that this matter is now closed.

 

 

I look forward to hearing from you.

 

Yours faithfully

 

[PRINT OR SIGN YOUR NAME DIGITALLY]

 

 

 

 

 

Get a free proof of postage from the Post Office. At least that way, if they ever were silly enough, you'd be able to show a paper trail.


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good idea


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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good idea

 

It's like a Monkey with a typewriter. Jibberish most of the time, but sooner or later... :whoo:


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better fits a dca that description df


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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better fits a dca that description df

 

Or a PPC :thumb:


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So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.

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i see you are not reading my posts properly then...

 

 

they would not 'get into trouble' if they raised a claim..

 

 

if your letter in aug 2016 was from the address you live at now

they've pretty stupid to try.

as the SB defence would kill it dead


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.

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Dx, yes I am reading your posts properly, I am also reading Dragon fly's posts. I have always denied the "debt" I haven't moved house or mentioned changing address. So one of you is saying "yes of course they can try and take you to court and one is saying if they do then they have no chance and would get into trouble for trying. See what I mean?

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I've not said that they can't take you to court, but they would be pretty damn foolish to try it.

 

They won't get in to any "trouble" for doing it (at least, not trouble from the court) but their client might have a few choice words for them as they will be wasting their clients money, as well as their own time.

 

 

Send them that statute barred letter I posted earlier, get a free certificate of posting, and then, if they do try to take you to court, you can prove a paper trail and show the judge/court how unreasonable they are being. That will kill any claim stone dead.


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put simply anyone can sue anyone for anything.

It is only when it gets to the court hearing ( or case management) that it all falls to pieces.

 

 

If you do get a summonsa and ignore it because it is a stupid claim you will still lose,

all claims have to be defended.

It will be at this stage the plaintiff gets into trouble.

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Thanks EB, plain English. I obviously wrongly assumed that anything over 6 years old couldn't be acted on at all. Thanks for everyone's comments and time taken to give me advice.

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no, a claim can be made but there is an ABSOLUTE defence of it being statute barred. Once you enter that (and can show it to be true) then the claim falls. Again, dont defend and no-one will ever know it is SB

Even this is not entirely true as there are a number of divorce and compensation claims that have broken this barrier.

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