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    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. So I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you dont have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
    • So this is the crux of the argument. The scrappage contribution should have also been counted as a deposit. It was literally a part exchange in return for a cash deduction so there is no reason it wouldn't be treated the same way.  I did not request a VT, I was struggling to pay after a separation from my partner at the time. However had the figures been reflected correctly, the VT cost would have been 2k not 9k and I may have considered it as an option. Instead, the car was marked stolen and removed from my possession by the police
    • LOL - old one the fiver theory - although with the poops its take a fiver now, promise 10p  sometime in the future while claiming the reverse theory   So when is jenrick, an apparent slam dunk as referenced higher in the thread, being referred to the police? These poops need to know that anything they throw will be returned .. with interest  
    • Yup, it isn't a criminal case, it's hard to prove, but take a detailed look at my thread to see how many holes there are in what they have sent me, there is a picture building.
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Diskmandave -v- Robinson, Way & Co - The Never Ending Story


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They called me again this morning! Quick references to OFT guidelines, FOS complaint & Manchester Trading Standards and he didn't want to talk anymore! upset.gif

 

Though at one point he did quickly say... Is this just about the lack of any documentation?! :lol:

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THIS IS NOT A COURT DOCUMENT

 

THIS LETTER IS VALID EVEN IF NOT READ BY YOU

 

We are sure you are as keen as us to ensure the OFT's guidelines regarding statute barred debts are adhered to. Because of this we wish to advise you of the following one-off settlement quote :

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

IF YOU CALL WITHIN 7 WORKING DAYS , WE CAN OFFER A SIGNIFICANT REDUCTION IN THE TOTAL AMOUNT OF TEXT IN THIS LAW THAT YOU WOULD NEED TO READ AND ARE PREPARED TO NARROW IT DOWN TO ONE RELEVANT PARAGRAPH.

 

 

ACT NOW ! If we do not receive a response from you we will have no alternative but to take no further interest in your scheme.

 

TELL US ! You must tell us if you cannot understand the Limitations Act 1980 . We WILL HELP YOU if we can . If you have a problem understanding this law or the office of fair trading guidelines on debt collection procedure regarding harassment , it is better to consult and be acquainted with than to simply ignore it.

 

 

THIS LAW WILL NOT GO AWAY. - IT MAKES SENSE TO READ IT IN FULL – NOW .

 

ARE YOU AWARE THAT YOUR NEGLECT TO PAY ATTENTION TO THE LAW COULD BE AFFECTING YOUR CREDIBILTY AND MAY IMPAIR YOUR ABILITY TO OBTAIN OR LOAN VALIDITY TO YOURSELVES AT A LATER DATE .

 

 

 

--------

 

 

Only one letter since my request for their complaints procedure, and a major step down from the earlier 'court action ' ultimatum . Now it is limited to 'take further action'. It is unspecified as to what . I hope they threaten me with a door collection agent , I hate this traffic in london and the congestion charges .. id want him here just to tell him to go away again, and knowing he spent all that time and money for his troubles :)

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Would love to see their faces or should that faeces when they read this. They will have to send for the monkey with the brain cell to translate it into DCA Idiotspeak. Maybe you should write the letter in CRAYON

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dear me. they have been collecting on this account for 8 years but dont have a CCA agreement............if you claimed back the payments you have made over 8 years at 8%.....

 

new car dave???

 

Can you actually claim back any money you have paid to a debt if there is no CCA?

 

I'm just starting this with a catalogue debt and Dave was kind enough to post on my thread, it's very interesting reading this :)

Lloyds TSB -Settled in full 30/08/06 :)

Now whoes next :)

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Can you actually claim back any money you have paid to a debt if there is no CCA?

 

Very difficult as the money was paid voluntarily.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Very difficult as the money was paid voluntarily.

 

voluntarily?

 

'we will default you if you do not keep up repayments'

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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voluntarily?

 

'we will default you if you do not keep up repayments'

You would have to prove that you only made the payments because you were prssurised or diliberately mislead into making them.

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deliberately misled:

 

RWC: we bought a debt and you must pay us

DMD: can i have the CCA?

(RWC send an application form/illegible CCA, so debt cannot be enforced)

RWC: we have sent the CCA so you must pay us

 

like I said, deliberately misled

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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deliberately misled:

 

RWC: we bought a debt and you must pay us

DMD: can i have the CCA?

(RWC send an application form/illegible CCA, so debt cannot be enforced)

RWC: we have sent the CCA so you must pay us

 

like I said, deliberately misled

Then as long as you are sure they will not be able to produce a valid CCA then try for a refund

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As previously stated you would need to prove that the monies paid were paid under duress. Placing a default on your file if you don't pay hardly counts as duress.

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Threats of court action might be sufficient though
The problem with threats is that you must be prepared to see them through. Ask Clownells or RWC the country's leaders in computer generated threats

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As previously stated you would need to prove that the monies paid were paid under duress. Placing a default on your file if you don't pay hardly counts as duress.

 

 

rory32

 

surely you must agree that threatening to put a default on a persons credit file/put a charging order on their property/threatening to send the bailiffs round/threatening to bankrupt a person would put said person 'under duress'....?

 

thus making them hand over payments 'under duress'...?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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