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  • #46
    Re: OH's Cahoot Flexiloan

    Another letter stating that it isn't statute barred as 1p was paid in! I was thinking of asking for proof of this payment unless anyone has any better suggestions.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #47
      Re: OH's Cahoot Flexiloan

      Originally posted by nanna58 View Post
      Where did the 1p come from? Cym you're too generous. xx
      Nooooooooooooooooooooooo body would believe that as she is not that generous! I have been told lol

      with a comment from them like that I would formal complaint to them via e-mail and copy to FOS etc.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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      • #48
        Re: OH's Cahoot Flexiloan

        Perhaps they're mistaken and the 1p is actually what they paid for the debt. I'd probably ignore but if they are serious and you feel they're going to start action I think I'd send something like this that I came across in a payplan debt forum:

        Date

        I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

        Dear Sir/Madam

        Acc/Ref No xxxxxxxxxxxxxxxx

        You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

        I/We* would point out that under the Limitation Act 1980 Section 5 “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.”

        The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

        Unless you can provide STRICT proof and evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

        For the avoidance of doubt STRICT proof should include how any allegedly payment was made, from what bank account it was allegedly made form, name of person who allegedly made this deposit. If you are not able to provide this information I will require a written explanation, and please be aware that I will require you to provide this proof in any court should you attempt legal action. In this matter I refer you to Halsbury's Laws of England/Civil Procedure (Volume 11 (2009) 5th Edition Paras 1 - 1108; Volume 12 (2009) 5th Edition Paras 1109 - 1836)/20. "Evidence/(6) Documentary Evidence and Real Evidence/(i) Proof of Execution of Documents/A. Modern Documents/867. Strict Proof

        You are also reminded of the FCA Consumer Credit Source book (CONC) rules which you are legally obliged to adhere to, and further I am fully aware that compliance with the rules is a condition of your FCA Licence:

        Rule 7.15.4 "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

        Rule 7.15.7 "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired."

        Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

        Should you choose to ignore the above, or attempt to circumvent the rules I will uses this as a defence, and further I will draw this breach to the attention of the FCA Compliance Team

        We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

        We look forward to your reply.

        Yours faithfully

        Comment


        • #49
          Re: OH's Cahoot Flexiloan

          Just checked a couple of old credit reports. Account defaulted early 2007, but according to equifax it was updated in February 2011, but no entry about the update! It has dropped off experian.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #50
            Re: OH's Cahoot Flexiloan

            Their client are now willing to accept a partial settlement. Please ring
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #51
              Re: OH's Cahoot Flexiloan

              They are now offering instalment plans over 3, 5 or 7 years
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #52
                Re: OH's Cahoot Flexiloan

                well if your paying the VERY ODD 1p i would want it over a longer time
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #53
                  Re: OH's Cahoot Flexiloan

                  Hopefully They'll get bored of being ignored and go away

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                  • #54
                    Re: OH's Cahoot Flexiloan

                    Still all quiet
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #55
                      Re: OH's Cahoot Flexiloan

                      Originally posted by cymruambyth View Post
                      Still all quiet
                      Oh no it isn't!

                      Rob Way seem to be ignoring requests about the 1p payment , but there is no minimum payment required and an affordable payment plan needs to be sorted. Mmmm that's a hard one, I think I will ignore!
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                      • #56
                        Re: OH's Cahoot Flexiloan

                        Well , what else is there to do ?
                        if you do it today and you like it you can always do it again tomorrow


                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                        • #57
                          Re: OH's Cahoot Flexiloan

                          Rob Way want to know why we haven't been in contact to find out about their fantastic discounts and deals. Answers on the back of a stamp :r
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                          • #58
                            Re: OH's Cahoot Flexiloan

                            Originally posted by cymruambyth View Post
                            Rob Way want to know why we haven't been in contact to find out about their fantastic discounts and deals. Answers on the back of a stamp :r
                            hope its a used stamp, no point wasting a new one
                            When you have nothing you have nothing to lose

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                            • #59
                              Re: OH's Cahoot Flexiloan

                              Another very ni E letter from Rob Way explaining what happens when we contact them 'a team of friendly, professional customer service representatives' . I'll take their word for it and not test them
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                              • #60
                                Re: OH's Cahoot Flexiloan

                                They really love you Cym x
                                if you do it today and you like it you can always do it again tomorrow


                                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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