• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Strict Proof for a Staute Barred Debt Payment

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #61
    Re: Strict Proof for a Staute Barred Debt Payment

    This reminds me of a similar gag that Moorcroft tried with me back in 2009. They had not long taken over an incorrectly-set out agreement from an OC who knew they were on a sticky wicket. As I had been withholding payments to the account until a correctly set-out agreement arrived I was alarmed one day to get a letter from Moorcroft which contained, inter alia, the following:-

    'We write to confirm that further to your recent telephone instruction the amount of £5.00 has now been deducted from the Debit/Credit card details which you supplied to us and posted to your account on our system.’

    After the realisation of what had been done subsided, I remember laughing out loud at their deviousness. On the statement it indeed showed a credit to the account of £5.00. I wrote to them, stating that I had neither telephoned them nor supplied any other card details to be debited. I also reported them to the local police who advised me to contact trading standards which I did. I can't recall what happened about it all (all that stuff is up in folders in the loft, now) but I do remember that when the next statement arrived the payment had been reversed!

    I am surprised that DCAs are only starting to try this trick nowadays. perhaps they didnt' have to during teh feeding-frenzy days before people got savvy to their tricks and found CAB, CAG and Legal Beagles!

    Comment


    • #62
      Re: Strict Proof for a Staute Barred Debt Payment

      Just curious. Is there any update on this one?

      Comment


      • #63
        Re: Strict Proof for a Staute Barred Debt Payment

        Please can you give me some advise I need to reply to a letter I have had off restons on a claim they have put against me at court. I have responded with a defence of statured barred.
        they replied saying I need to prove this to them within 14 days . please can you help me.
        sorry but I don't know how to start my own thread

        Comment


        • #64
          Re: Strict Proof for a Staute Barred Debt Payment

          Click on your name to open your homepage and you will find "start a new thread" on the left hand side. I do believe the onus is on them to prove it is not statute barred.
          G

          Comment


          • #65
            Re: Strict Proof for a Staute Barred Debt Payment

            Quick up date, we have a court date.

            Early March.

            They still have not replied to the Strict Proof request, so now to see if they turn up.

            I "suspect" that if they fail to attend, the client is going to ask the judge, not to set aside, but to instruct them to provide the strict proof in court, or explain why they have said they have it but cannot produce it.

            I also "suspect" that the same may be requested even if they do turn up

            Also believe that the client may have an 'advisor' attending with him, who 'may' be known to the DJ, who may feel slightly obliged to agree to any request!

            Will update, as and when.


            [Please be patient, the client has agreed that if he loses I can put up the details along with all the information, but ONLY AFTERWARDS.

            If the Claimant is further instructed by the court, then nothing can go up until the case is either won or lost at a future date.

            If he wins that information 'may' be put up depending on the directions by the court.

            However, it is HIGHLY likely that if he wins, then it will form a basis of a major complaint backed by a national organisation to the FCA (and depending on directions also to the SRA). In this case the information may be held back for a while.

            Oh the "advisor" is 'slightly' senior OMG!!!]

            Comment


            • #66
              Re: Strict Proof for a Staute Barred Debt Payment

              No directions with the court date ?

              Should be some directions as to Witness Statements/documents intend to rely on etc ?
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse
              1 of 2 < >

              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
              2 of 2 < >

              Support LegalBeagles


              Donate with PayPal button

              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

              See more
              See less

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X