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    • if you type in auxillis is our search top right in the red banner you'll see this con over auxillis and supposed courtesy cars , but it's not its an HP agreement is well known here.   9/10 it's ends up with you fronting a court claim out of your own pocket for auxillis against the other parties insurance company that you don't stand a chance of ever winning for a claim against them for the excessive HP hire car costs you got scammed with.   may i be frank that whomever told you looking at the circumstances of you incident that you'd ever win a claim and it not be 50/50 was wrong.   you were in a narrow road in a housing estate with cars parked down one side on a blind sweeping bend exceeding the speed you should have been doing for the stated weather conditions. running into someone's side that pulls out infront of you in such an area and it being where you live too so you know it well would never be the other parties faulty even without the poor weather. if this were to go to court you would lose.   sadly shows you were not driving with due care and attention.
    • I did see not to give those details out, but as these could wind up official court forms, I dont want to be on the wrong side of it.   the areas in boxes D and I, is it ok to say ""refer to appendix A, refer to appendix B"? There s a REALLy long list of "what the hell" I want out of them as this is making zero sense. Not only that, I've got a long list of "this is the hell" I need to send back in the dispute too.
    • the debt has been sold not passed on and yes there is no legislation that prevent a disputed debt being sold.   as for your other questions go read post 4 of that thread again carefully it's all there.   dx  
    • Can talktalk pass on a debt that was in dispute?   Is there a template I can send back? They shoulve have ALL the information anyway seeing as they took the debt over.   Not only that, I didnt get notified by talktalk that a debt was being passed on.   I'm looking over it now and will do it this weekend.   The parts asking for phone number and mail, I dont specifically want to give those out as they're for family use only.. Can I forgo those?
    • follow post 4 here:   The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. 1st Oct 2017 - Legal - Consumer Action Group
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Northern Rock mortgage shortfall from 2002 - Arrows/shoosmiths.


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Hi All,

 

I have been chased since 2007 on a Northern Rock mortgage shortfall from 2002. I have never admitted liability for said debt and I have never made a payment.

 

Shoosmiths on behalf of Arrow are now saying that I made a payment in 2008 which re-sets the statute barred status that I told them it has. I have never ever made a payment, the only money that has been sent was to cover the cost of a SAR in late 2007.

 

After 2007 everything went quiet until 2013, eventually when I wrote back and forth a few times the DCA said their "case was closed" on this matter.

 

Roll forward to 2017 and they start again until November 2017 then quiet again until last week.

 

I believe that fraud is being committed here and wondered what others in my situation would do?

 

I am thinking of going direct to Action Fraud and reporting them, I am, tbh, sick and tired of this harassment.

 

I apologise if I delay to respond to anyone who replies as I am busy through this afternoon.

 

Thank you in advance.

Edited by Jason Toulmin
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Its not fraud..its harassment.... though although they are allowed to chase a statute barred debt...they are not allowed to litigate on it.

 

How is the harassment being conducted...Phone...letters or texts ?

 

And who exactly is doing the harassing now ?

 

 

Andy

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I thought that as I haven't ever made a payment on the account and they have "magic'd" one from somewhere that would be classed as fraudulent activity as they are using that to say the debt isn't statute barred.

 

If they have, in they I mean maybe Lawsmiths who I sent an SAR to with a postal order for £10 in November 2007 or of course Arrow or Shoosmiths but I really don't know as Arrow took it over in 2013 and used drydens prior to Shoosmiths.

 

I am sorry that I am not being very clear hear,

this has been going on since 2007 and I do have all correspondence but it has been bounced from DCA to DCA,

the account was "closed" at one point,

there have been huge gaps between correspondence.

 

This lot are clowns,

have never answered a straight question,

never fully fulfilled an SAR on a mis-sold property from over 16 years ago

and now they have somehow found a random one off payment in 2008 which I never made on an account that I have never acknowledged the debt on.

It is a farce!

 

All of the correspondence is by letter,

including the one stating I made a payment,

which if I had then there wouldn't have been an argument from that point forward,

but they have still pushed,

and for 10yrs since 2008 and have never once mentioned this magic payment.....

.....until now.

 

I will add that once I did get a phone call,

the lady on the other end didn't introduce herself,

she said hello "my name",

shall we discuss a payment you made on an account,

at which point I put the phone down.

 

I now no longer answer the phone if I don't know the number and if I am honest when the postman comes it has a physical effect on me,

when I opened the Shoosmiths letter last week my hand shook.

I am close to going to the doctors and just reporting my symptoms on this,

surely this is unfair behaviour.

Edited by dx100uk
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Then put all the letters in a box...keep safe but forget all about it...end of harassment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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retitled and moved to repo forum

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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If they are saying that a payment in 2008 has reset the statue bar clock then invite them to do the following, highly complicated, maths equation that even Einstein himself might struggle with.

 

2018 - 2008 = 10

 

Debts under simple contract become statue barred after 6 years... So the 2008 payment is irrelevant because it's SB again anyway as that was 10 years ago!

 

Payment of £10 for a SAR in 2017 also has no effect on the SB clock as that is a fee covered under the Data Protection Act 1998 and has no bearing to the debt itself. Since GDPR however the £10 fee is no longer needed for a SAR.

 

Sooner or later a DCA may just be able to learn how to count to 6... :madgrin:

This is how I spend most of my life :ranger:

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If they are saying that a payment in 2008 has reset the statue bar clock then invite them to do the following, highly complicated, maths equation that even Einstein himself might struggle with.

 

2018 - 2008 = 10

 

Debts under simple contract become statue barred after 6 years... So the 2008 payment is irrelevant because it's SB again anyway as that was 10 years ago!

 

Payment of £10 for a SAR in 2017 also has no effect on the SB clock as that is a fee covered under the Data Protection Act 1998 and has no bearing to the debt itself. Since GDPR however the £10 fee is no longer needed for a SAR.

 

Sooner or later a DCA may just be able to learn how to count to 6... :madgrin:

 

The debt in question is mortgage shortfall so 12yrs for SB however it is now 16yrs anyway. The none existent payment is either a complete fabrication or a misappropriation of funds via the SAR £10 from 2007. Either way, the debt is still SB, no question whatsoever.

 

BTW, you mention the £10 for SAR not being required now, how long has that been the case?

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Just for clarity and benefit of readers Jason...and not that it effects you either way......shortfalls can be either 6 or 12 years subject to whether the shortfall is interest/charges etc...or actual mortgage capital.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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If you called them out on the £10 payment they will merely say it was an error made by someone else guv and they will now take note but up to that point they will insist that they are right and you owe them a zillion quid.

 

Dont forget, they are working for someone else and only get a decent payday if they get a result.

They arent bothered how they get to that point

Edited by dx100uk
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