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  • #16
    Re: S B Credit card and bank account threatened to pass to Howard Cohen

    Received two replies from Rob Way today one for each account that I have sent the statute barred letters for. Both replies are identical, both saying that I made a payment in November 2014 to Compello. A payment was made in November 2014 it was £1 for a CCA request which was never answered!! The CCA request letter quite clearly states that the £1 is not to be used for anything other than the supply of the CCA.

    Rob Way have not said what the payment in November 2014 was or how much and they have put both accounts on hold for 10 days when it will be returned to Cohen if I don't send them my proposal to pay.

    What would be the best approach now?

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    • #17
      Re: S B Credit card and bank account threatened to pass to Howard Cohen

      not sure on this, BUT..... I will flag it up to se if anyone can point you in the right direction, I remember this happening before , just can't remembr if we had a template letter for it or a niddy special.
      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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      • #18
        Re: S B Credit card and bank account threatened to pass to Howard Cohen

        My account isn't SB because I made a payment of 1p! I wrote a brief letter to state I hadn't made a payment, they replied with oh yes you did, I then asked for proof of payment which was followed by several innocuous begging letters. It's now been quiet for 6 months.
        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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        • #19
          Re: S B Credit card and bank account threatened to pass to Howard Cohen

          Did you ever receive any replies to your CCA requests in August?

          If you're absolutely certain that you didn't make any payment in November 2014 (and why would you?) then you've nothing to worry about.
          Let your smile change the world but don't let the world change your smile

          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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          • #20
            Re: S B Credit card and bank account threatened to pass to Howard Cohen

            I would just ignore them. If they respond again then let us know.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #21
              Re: S B Credit card and bank account threatened to pass to Howard Cohen

              HI pixie,

              No I have had no response to the CCA requests in August apart from the letter from Howard Cohen and now the two replies to my statute barred letters.

              Niddy,

              Do I just wait for them to take me to court then and then get them to prove that the payment in Nov 2014 was anything other than a CCA request?

              Is the any legal precedent that a CCA request payment doesn't restart the statute barred clock?

              Comment

              • #22
                Re: S B Credit card and bank account threatened to pass to Howard Cohen

                Hold fire. Let me ask Jo as she may say to do something. Sit tight please.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment

                • #23
                  Re: S B Credit card and bank account threatened to pass to Howard Cohen

                  I would suggest that you write back and say that the debt is still statute barred as they are fully aware the £1 payment was the fee for the statutory request made under s.78 CCA 1974 and was not an acknowledgment of debt.
                  Legal Disclaimer
                  I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                  If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

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                  • #24
                    Re: S B Credit card and bank account threatened to pass to Howard Cohen

                    Thanks Jo, Will do.

                    Comment

                    • #25
                      Re: S B Credit card and bank account threatened to pass to Howard Cohen

                      Sorted. Thanks Jo
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #26
                        Re: S B Credit card and bank account threatened to pass to Howard Cohen

                        Thanks Jo.
                        Let your smile change the world but don't let the world change your smile

                        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.

                        Comment

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