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Possible court action.

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  • #46
    Re: Possible court action.

    Originally posted by Nottingham2013 View Post
    6 and half years at least.
    Then it should be time barred.

    The letter they sent me they said they was assigned the debt in December 2008 and I made a payment a month later which is nonsense.
    Did you even know of the assignment at that time?

    Did you send Bowells a CCA request or a Subject Access Request, the fee for which may have been misapplied?

    The outstanding balance they are asking for is the same as the original default amount.
    So you effectively "made a payment" of £0.00 ?

    One might doubt that such a sum would really count as a payment towards the alleged debt. :grin:

    Comment


    • #47
      Re: Possible court action.

      Originally posted by CleverClogs View Post
      Then it should be time barred.


      Did you even know of the assignment at that time?

      Did you send Bowells a CCA request or a Subject Access Request, the fee for which may have been misapplied?


      So you effectively "made a payment" of £0.00 ?

      One might doubt that such a sum would really count as a payment towards the alleged debt. :grin:
      I probably got letters about it. I've never made any contact whatsoever with them, no payments, no CCA, no SAR. They claim I paid £74, absolute nonsense!

      Comment


      • #48
        Re: Possible court action.

        Originally posted by Nottingham2013 View Post
        They claim I paid £74,
        But yet the balance allegedly owed remains the same?

        Unless the payment was made to their counterpart in an alternative universe, that would appear to be mathematically impossible.

        Comment


        • #49
          Re: Possible court action.

          Originally posted by CleverClogs View Post
          But yet the balance allegedly owed remains the same?

          Unless the payment was made to their counterpart in an alternative universe, that would appear to be mathematically impossible.
          How do these plebs think they can get away with these farcical claims. Should I just ignore or send them one last letter refuting their claims and promising official complaints being made if they contact me again?

          Comment


          • #50
            Re: Possible court action.

            After sending off the SB letter they claimed I made a payment, which I did not. The account has been sent back to Freds who offered me 'a discount to settle at this late stage' and now it's gone back to BC who are saying they will issue court proceeding next week if I don't make a payment. Anyone have idea what my next step should be?

            Thanks

            Comment


            • #51
              Re: Possible court action.

              Originally posted by Nottingham2013 View Post
              After sending off the SB letter they claimed I made a payment, which I did not. The account has been sent back to Freds who offered me 'a discount to settle at this late stage' and now it's gone back to BC who are saying they will issue court proceeding next week if I don't make a payment. Anyone have idea what my next step should be?

              Thanks
              Send the S.B. letter to Carter.

              Comment


              • #52
                Re: Possible court action.

                But Freds and BC are using the same address so they must know I sent the letter to Freds. Will sending the SB letter to BC put them in a position where they can't do anything unless they have proof of payment?

                Comment


                • #53
                  Re: Possible court action.

                  Originally posted by Nottingham2013 View Post
                  But Freds and BC are using the same address so they must know I sent the letter to Freds. Will sending the SB letter to BC put them in a position where they can't do anything unless they have proof of payment?
                  Send the S.B. letter to Carter,if they take it to court they have to prove a payment was made by YOU,if you say you have not made a payment then how can they prove it.
                  Last edited by Streetwise; 7th March 2014, 12:09:PM.

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                  • #54
                    Re: Possible court action.

                    The thing is they claim I made a payment of £74 but the the outstanding balance remains the same as the initial default amount. Surely they are not going to go court with this, they will look really stupid.

                    Comment


                    • #55
                      Re: Possible court action.

                      Originally posted by Nottingham2013 View Post
                      The thing is they claim I made a payment of £74 but the the outstanding balance remains the same as the initial default amount. Surely they are not going to go court with this, they will look really stupid.
                      Sending the S.B. letter just shows that you are letting them know that you no its S.B., and if it goes in front of the Judge he will see you have told them,plus its nice to be nice.

                      Comment


                      • #56
                        Re: Possible court action.

                        I just really can't bothered having to go court, I should get some sort of compensation if they force me to go when it's clearly statute barred and I have made them aware of this and they still harass me with letters.

                        Comment


                        • #57
                          Re: Possible court action.

                          Originally posted by Nottingham2013 View Post
                          I just really can't bothered having to go court, I should get some sort of compensation if they force me to go when it's clearly statute barred and I have made them aware of this and they still harass me with letters.
                          At least if it goes to court you as an L.I.P. can have a

                          Comment


                          • #58
                            Re: Possible court action.

                            What's an L.I.P? Haha

                            Comment


                            • #59
                              Re: Possible court action.

                              Would a CCA request be a good idea? Just to waste their time?

                              Comment


                              • #60
                                Re: Possible court action.

                                Treat it as a letter before action and reply as such.

                                Something like http://www.legalbeagles.info/forums/...075#post391075

                                M1

                                Comment

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