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    • 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
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
    • nickpatel - presumably you entered into this contract with the agent off-premises if you were thinking of possibly trying to use s31 of the CCR?   If that is the case then I was under the impression (although I may well be mistaken) that the 14 day cancellation right was lost in the case of a contract for services, if the provision of those services commenced within the 14 day period, which would make whether or not you were informed of the right a moot point as it would no longer apply(?).   In any case, I'm also a bit surprised that a situation could arise where the initial "cancellation period" of a contract for services could be extended to over 12 months.  It seems a bit extreme to me that the 14 day off-premises cancellation provisions would apply here.  But I may be wrong.   I tend to agree with BankFodder that you'd be on firmer ground arguing the amount of the fee claimed (for a full year) is unfair.  But I'm not sure you could get away with arguing that you owe nothing - even though there is no tenancy agreement.  The agent seems to have done what they agreed to do, but you decided to reject the prospective tenant on the grounds that they were not "transparent"(?) because they wanted to view the property for a third time.  I'm not sure a court would find that reasonable on your part and would probably consider that the agent deserves to be paid in some respect for their work in finding that prospective tenant.   I think I'd be trying to settle on a reasonable sum rather than arguing that there was no liability at all.
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I was shocked by the pipe bombs sent to prominent Democrats in the US this week.



It seems that the US isn't the only place where politicians especially are subjected to abuse; Diane Abbot has been talking about this.







I don't condone violence for any reason and especially not over politics. Why can't people just agree to differ?

Edited by honeybee13
Typo, spacing

Illegitimi non carborundum




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