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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi there

I'm new to this forum, I found you whilst searching for related matters.

 

My problem is this:

 

Just over 4 years ago I was contacted by Aktiv Kapital, who stated that I owed them around £4000. I had never heard of the company so I asked them what I was supposed to owe the money for.

They replied that they couldn't give me any information unless I sent them a copy of my driving licence to prove who I was and to confirm my signature. This rang alarm bells, I thought I was under an identity attack so I refused and told them that they wouldn't get any information unless they could prove that I owed the money, letters and phone calls passed with the same outcome, no proof of ID then no proof of debt.

 

After a while it all went quiet and I thought nothing more of it but now I am getting letters and calls from Buchanan, Clark & Wells.

 

Todays one finally gave me a little info, it seems the 'debt' was with First National Tricity Finance and that the debt is definately mine because "I made a payment of £129.80 in April 2002"

I asked what the debt was for and just got a barrage of questions:-

Do you work? - Yes

Do you own your own home? - No comment

Do you own your own car? - No comment

Who do you bank with? - None of your business

 

I tried to get him to answer my questions and just got talked over, continually questioning me, eventually I lost it and told him (not very politely) to "GO AWAY" and hung up the phone.

 

Now to get to the point of my post.

 

I have in the past had a number of debts, I was unemployed for a while and things got on top of me, but I was lucky enough to have adequate equity in my house, remortgaged it and paid off ALL my debts.

 

I cant find any details of my ever owing FNTF any money apart from a TV bought from Scottish Power in 1999, this was on 6 months interest free credit which was paid in full at the end of the 6 months.

 

I am trying to get my credit score back to a reasonable level but this so called debt just wont go away.

 

What can I do?

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Hello and Welcome, harried.

 

I'll move this thread to the Debt Collectors Forum, you'll get help in there.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert - Slick132

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Welcome Harried, It sounds like the debt is statute barred this means that if you have neither made a payment towards the debt OR acknowledged it in the last 6 years (5 in Scotland) (or there is a clear 6 year gap in payments or acknowledging) it is unenforceable (although some will try to take it to court !!).....

 

Send Letter 'M' from here by recorded delivery - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If you are in Scotland you need to send a different letter so let us know if you are in Bonnie Scotland...

 

Bear in mind that once you have told them you have no wish to pay towards a statute barred debt and they continue to hassle you, you could take them to court...this is what the OFT say -

 

2.14 (b) -

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

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If the last payment was April 2002 then the debt is clearly STATUTE BARRED and Letter M (I think it is) from the templates should be sent.

 

They need to PROOVE that you paid the amount, you can ask them to supply the details of the paymnet with an Subject Access Request letter if needed... somebody else will be along soon with more advice.

Edited by 42man
Letter M !!
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Thanks for your replies, its nice to know that someone out there is reading this stuff.

 

I have had contact from Aktiv Kapital between April 2002 and now but I have never acknowledged the debt (because as far as I'm concerned there IS no debt) all I have said is that I want them to prove that I owe the money before I would consider payment.

 

They have written to me and phoned me but I have never replied by post, only having spoken to them on the phone each time stating that as far as I am concerned the debt doesn't exist.

 

Does that constitute STATUTE BARRED?

 

Is letter M still appropriate?

 

Again many thanks

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Yes you are 100 % on the statute barred. No acknowledgement or payment in six years - send the letter and kiss their a** goodbye:D

 

Goldlady, I think you should stop beating about the bush and just say it how it is.

 

Regards.

 

Fred

  • Haha 1

 

 

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