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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Birmo0803

Statue Barred? Ferratum

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Hi chaps, apologies if this is in the wrong section - Just a quick one!

 

Quite a few years ago, I got into debt with quite a few PayDay loan companies 'Ferratum' or their sub company being one.

I went through a DMP and thought I nipped everything in the bud, I was wrong.

 

A few months ago I received a letter from CRS - typical demands etc.

I was totally unaware of this as I thought I paid off all debts, this prompted me to go through my credit file, low and behold there's notes from Ferratum (debt/late payments etc - how I didn't spot that before is beyong me as my score was pretty darn good!).

 

However, after checking my score a week a so or go, Ferratum has completely been removed from my credit file (this loan was about 6-7 years ago) and I think it had a start date of Dec 2013 when payments were late.

 

I just got an email from CRS stating they are looking to start legal proceedings now.

 

My question is, with it being removed from my credit file, does that mean time has elapsed and it is now classed as statue barred?

Do I need to send a letter to CRS to state this?

 

Thanks, Rob!

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you ignore powerless DCA's totally

 

who is their stated client?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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The email is from CRS (credit source solution), the client is Ferratum UK Ltd (stated in the email) - checking a few weeks back, it was Ferratum on my credit profile. Just been so busy recently, totally skipped my mind to peruse. 

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you should always be blocking and bouncing all emails regarding debt

same as phonecalls.

 

deal with the OC as they still own the debt.

 

the fact that the default has reached its 6th birthday

whereby it and the account gets removed from your file is immaterial to if a debt is statute barred or not as you might have paid after the default was registered.

 

so you need to workout your last payment date.

and have you moved since taking this PDL out too?

 

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Ah, gotcha! Need to remember that, D'oh! I my DMP finished over 6-7 years ago, so any last payments to any payday loans would have been well over 6+ years - which is why I was thinking Statue barred

 

Correct, I've moved around 2 3/4 years ago, I've received nothing from the old address either (still occupied too - family)

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its unusual for OC's to chase statute barred debts lets put it that way

but

theres nothing to say they haven't a clue CRS are doing this

it could well be CRS are after free money for their xmas party drinks and think that by sending people out a few free emails

some mug might know no better and donate to them.

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Let them pay for their own Xmas party! OK, so from what I believe, it's statue barred (as it's most likely almost 7 years since my last payment), I don't even know how much what was paid it was that long ago, but certainly 6+years ago.

 

Should I send them a Statue barred letter/email, as I received this today:

PENDING LEGAL ACTION

We have not received payment of the overdue balance and you have not made use of our online customer portal to set up a suitable and affordable payment arrangement.

Our client has authorised us to progress this matter to our Solicitors to commence the legal action against you via the County Court, therefore please contact us to discuss this matter so we can reach an appropriate resolution.

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What part of never use email

Never communicate with a powerless dca hasnt been understood?

 

If you want to do anything which you should as it also protects your backdoor if the debt were to be sold and a DCA were to litigate as it stands..send our sb letter from the debt collection section of our library

 

Thats goes to the oc as they still own the debt


please don't hit Quote...just type we know what we said earlier..

 

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Just a wee update on this,

I sent a recorded delivery Statue Barred letter a few days after.

 

On 19th I then received a letter from SilverBackLaw acting on behalf of CRS (no letter response from them).

This appears to be a letter with them asking me to reply/submit a form accepting/rejecting the balance,

should I send a further recorded letter to CRS?

This one has just threw me a little 🤦🏻‍♂️

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you mean a letter of claim?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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I'm not sure to be honest, this is the cover letter, within are 3 pages (2 are forms); 'do you owe the debt?' - will you pay... Finally an incoming/outgoing form, sounds fishy to me!

 

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images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Do the letters look like the following ?

 

 

 

Andy


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Darn! For some reason it won't let me add a .pdf of the file. It says

 

"We act for the above named and have been instructed to write to you to demamd payment of the sum of ££ which sum may include or solely be related to costs.

 

The contract between you and our client was established in writing... Blar blar ' you have received this letter a business intends to take you to court'

 

Can this be done on Statue Barres debts? 

 

Rob

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no ofcourse not, but they'll try and scare you.

who did you send the SB letter too?

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi! I sent it direclty to CRS, recorded delivery, wasn't sure if i had to send it directly to Ferratum, assuming CRS are the collectors.

 

I've seen somewhere there's a follow-up letter to SB if they persist, am I right or in coo-coo-land?

I think it may be best sending one to ferratum too 🤔

 

Rob

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Just type..we know what we have said..

 

Three times i said send it to the oc...ignore the dca

And you wasted money on recorded delivery..

 

just use 1st class with free proof of posting from any po counter


please don't hit Quote...just type we know what we said earlier..

 

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Just a quick update on this.

 

I did re-send the letter(s) directly to Ferratum (also to the DCA to be certain). To date, although blocking CRS, they are still filtering through and threatening court action. Out of the blue too, I receive contact directly from Ferrtum - I've not requested anything from them. They have included a screenshot of when the loan was taken 16.04.2013 and the credit agreement.

 

"Further to your recent request please find attached loan agreement and details of your loan. To date we have received no payments towards this account and the outstanding balance is £336.40. Since issuing your loan the regulations have changed and there is now a cap in place to ensure a loan does not exceed double the amount borrowed, I have therefore applied a credit to your account to adjust the outstanding amount to £195.00."

 

£195 sounds better though 😆

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the debt is statute barred

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Thanks very much for your help.

They also included the Due Date which was 26.04.13, so they must have not applied the default until Dec  in 2019 that's when it was removed. 

 

What action should I take if I continue to receive correspondence from CRS 'impending court action'  or receive another letter or even a County Court Claim from these 'apparent' solicitors?

 

Thanks

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the debt is statute barred

 

only the debt owner can issue a letter of claim or a court claim. via a solicitor

original creditors do not do court.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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Thanks for your help, Dx. CRS are currenly acting on behalf of their 'Client' so it looks like they're trying to pull a fast one! Thank you!

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told you all this in post 2 


please don't hit Quote...just type we know what we said earlier..

 

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