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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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Hedgehog, your problem is that if you wait, in another 14 days, they might say: ooops, sorry another 28 days... and so on and so forth... You have relinquished control.

 

If you issue claim court, then You have control of the timetable, as they will then have 14 days to acknlwdge and another 14 to file defence...

 

Look at it if it was the other way round, would they let you hum and haw while you decide whether you want to pay them or not? What do you think?

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As you have settled for less than the claim, go down the court route mate.

You accepted a lower figure on the proviso that they paid in 14 days, they haven't done that so you are proceeding with your claim.

 

At Bookworm, if it was the other way round they'd be on your back constantly.

 

As they only offered you part, they can't say to the court that they offer to pay your full claim.

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Hi Galley

 

If you start a thread of your own in your banks forum, and put a breif description of where you are upto, then we can advise and help you mate.

 

It also sounds like you got the standard fob off letter following your prelim or lba.

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Just drafted this letter to fax off to them. If I get no response by close of business tomorrow then I will file court claim.

 

Having returned the acceptance form back to you for a £4000 claim I am concerned that you are not fulfilling your side of the agreement.

You received my acceptance back on the 5th of March and as such your letter claims that you ‘will make sure I get the refund within 14 working days’. The 14 day period is up tomorrow so I contacted your customer relations dept only to be told that it could take a further 7 working days before payout.

I am concerned that you are not sticking to agreed timescales and I am sure the courts would agree that this is unacceptable.

I cancelled my pending court claim on the basis that an agreement had been reached between ourselves and that this would be the last of the matter. Incidentally a court claim would also cost you a further £872.00 which I am sure you would not wish to pay.

I would appreciate your acknowledgement on the telephone number below that this matter will be dealt with immediately and that payment will not be delayed and longer and therefore prevent any possible court action from being implemented.

In the poop without a scoop....

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Just drafted this letter to fax off to them. If I get no response by close of business tomorrow then I will file court claim.

 

Having returned the acceptance form back to you for a £4000 claim I am concerned that you are not fulfilling your side of the agreement.

 

You received my acceptance back on the 5th of March and as such your letter claims that you ‘will make sure I get the refund within 14 working days’. The 14 day period is up tomorrow so I contacted your customer relations dept only to be told that it could take a further 7 working days before payout.

 

I am concerned that you are not sticking to agreed timescales and I am sure the courts would agree that this is unacceptable.

 

I cancelled my pending court claim on the basis that an agreement had been reached between ourselves and that this would be the last of the matter. Incidentally a court claim would also cost you a further £872.00 which I am sure you would not wish to pay.

 

I would appreciate your acknowledgement on the telephone number below that this matter will be dealt with immediately and that payment will not be delayed and longer and therefore prevent any possible court action from being implemented.

 

I thought you said it was upto 28 days

 

I wouldn't put the additional figure, and i would just say plus interest, court costs and daily interset til claim is settled

 

Get it in writing mate, they will just say on the phone what you want to hear to stop the case happening

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i settled with them a week yesterday , i rang yesterday cause the women said it would not take that long , the guy said 14 working days which makes it a week on thursday , he said if it is not in by then ring us , never said anything about a delay .

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i have received the letter stating 8 weeks aswell and not sure if i should send the 14 day chase letter or not, cannot seem to find anything relating to this on the forum, have you had any advice

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hi friends sorry to hear about your dilema i am at this point also but i havent sent the acceptance letter back yet its ready to go having read your post iam going to got to court with the slimey bankers .

if i were you iwould do as pkea suggests sounds like good advice

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Always remember to follow the prelim-lba-court timetable, as it is you in control, not the bank. They will ignore/delay because that means the hold on to your money for longer and , who knows, you might get bored/intimidated and wander off, increasing their profits further!

 

Remember, it is your timetable, not their's, that matters.

 

And I am stating to loathe them more everyday I deal with them.

Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I am at the same stage.They had my LBA and rang 7 days after recieving it.I agreed to settle in full,sent back the acceptance saying i would recieve within 14 days.Well this is up on tomorrow,if it is not in there and will be ringing to find out why?.If i am told another 28 days because of delays,then i will go with what pkea in #9 and tell them i stopped proceeding to court on the fact they would settle within the time given.I am prepared to wait as this is money i thought i would never see again.I also think if you relax and give them time they see you as easy to fob off.

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