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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Hi,

 

I have received a letter from Lantern requesting payment for loans I took out years ago.

 

The loans do not appear on my credit file and have not been on my credit file for at least the last two to three years.

I think I defaulted on most of them six years ago that's why they are not on my credit record.

 

Lantern have called me on my work mobile number once recently, ( within the last two weeks) and I refused to answer security questions because I was not sure who I was speaking to. But they did say they where formerly MMF.

 

I do not wish to engage with Lantern, what steps do I take to ensure I pay them or not

 

Thanks in advance.

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Then dont engage with them.......if they are statute barred anyway.

 

 

Andy


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Thanks Andy

Not sure if loans they refer to are statute barred, haven't got any of the correspondence anymore

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:bump2: The loans do not appear on my credit file and have not been on my credit file for at least the last two to three years. I think I defaulted on most of them six years ago that's why they are not on my credit record.


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Have you moved since taking this out?


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Mmf are masters at issuing backdoor ccj's

Even if the debt is statute barred


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Moved to the mmf forum


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Hi I hope you can help.

 

I have received a letter from Resolvecall to my address requesting that I contact them otherwise they will arrange a personal visit by one of their representatives, (they are acting on behalf of Lantern).

 

I think the debts they refer to are over six years old and do not show up on my noddle credit file.

I do not want them to visit my home address.

If they insist please advise most appropriate response.

I live in shared accommodation and do not want others in the accommodation made aware of their visits.

 

Thanking you in advance.

Edited by dx100uk
spacing

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old and new threads merged

please keep to one thread

 

resolvecall or snotcrawl ...sorry scotcall rarely turn up

and even if they do they are not bailiffs and have like every DCA ZERO legal powers.

 

should one appears VERY RARE.. you tell them to leave else you'll call police 101.

 

did you not resolve this in the now merged thread?

 

if your last payment was more than 6yrs ago, then send MMF our SB letter from the debt collection section of our library.


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Thanks dx100uk. Ok I am trying to get the sb letter from the library but get this message' CAG Library - you need to register to access the CAG library'

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I was logged on but did not get to the library even after several attempts. But thanks for your reply and I have got the sb letter from your link.

 

My concern then is that they can still enforce a ccj because of the following '"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4 I am not sure if they have tried to contact me during the limitation period or are doing so after.

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its statute barred you've told them

letter writing does not stop the clock!!


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You are saying Lantern can still issue the ccj even if I send the sb letter..?

 

 

Yes but your defence will be that the debt is statute barred, and if it is, the claim will be dismissed.

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no once told SB'd if they cant prove otherwise all comms should stop.


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Hi, I have received a letter from Lantern to a sb letter I sent them. The letter talks about one debt from Wageday which it says will be statute barred in January 2019. The customer reference number on the letter has a balance for multiple debts but only the wageday debt is mentioned in the letter.

 

The letter says:

'

Dear xxxx

 

We write with regard to the above reference account number and recent communication.

 

We note that you feel the Wageday Advance account should now be statute barred under the (Limitation Act 1980/Prescription and Limitation Scotland Act 1973/The limitation (Northern Ireland) order 1989). Firstly it is important to explain that an account only becomes statute barred if the last written acknowledgment or payment towards the debt is over a six year period. In this case , the original due date was on xxxx/2013 and will therefor not become statute barred until xx/01/2019.

 

If you have an queries or need to talk to us, please get in touch.

 

Yours sincerely

 

 

Lantern

Debt Purchase & Recovery Specialists '

 

 

The debts that the customer reference number refers to have not been on my credit file for several years. Ihave not responded to the letter.

 

Will Lantern now put the Wageday account on my credit file and keep it on file for the next six years?

 

Can Lantern use their letter as an opportunity to open up other debts which they have not mentioned in the letter but which I know have been included in the total debt of the balance.? ( I think the debts that have not been mentioned are statute barred).

 

 

Thanking you in advance and as always.

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They are talking rubbish!!

Sb is not from the due date!

It from your last payment

 

Typical bs from mmf


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What is significant about the date xxxx/2013, was that the date which a payment was due to the Wageday Advance account and you did not pay it?

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What is significant about the date xxxx/2013, was that the date which a payment was due to the Wageday Advance account and you did not pay it?

 

Hi. There was an idea that the COA( the date when the SB period began) was from the first missed payment. No one ever said it was the last made payment, how can making a payment be a cause of action?

See my earlier post

 

It is now established as being the date of the section 87 default notice.


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but not in every case. ….

when we start losing heeps of claims because this supposed default notice date is the cause of action

we'll start panicking

until then it means nothing.

 

dx


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Its a high court case DX, do you seriously think it wont come up.

I woul check with a solicitor, someone off the forums would be best.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi. There was an idea that the COA( the date when the SB period began) was from the first missed payment. No one ever said it was the last made payment, how can making a payment be a cause of action?

See my earlier post

 

It is now established as being the date of the section 87 default notice.

 

That is how I have always understood it. The statute barring period starts from the default date not the last payment unless a payment has been made since the default date.

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