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    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
    • Makes the cost of the battery even worse  
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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


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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.

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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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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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