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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Robinson Way have changed default date Nationwide credit card debt Scotland


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I have an old Nationwide credit card debt that has changed hands a few times.

 

It now appears to be owned by Robinson Way who have started sending me collection letters.

 

The debt had a default date of 20/12/2010 and dropped off my credit file last year.

However, I have just checked Noddle and it has reappeared with a new default date of 06/2012.

 

When Robinson Way contacted me four weeks ago, I sent them a Prove It letter to see what they had.

 

They have replied saying

"Please set out simple and reasonable details of your dispute or query,

Please call us or write to us setting out the reasons why you dispute your liability for payment.

It would also help if you could send any supporting documents that will aid us in resolving your dispute."

 

This debt has not been paid or acknowledged since August 2011 so I believe it to be statute barred

(I am in Scotland)

 

but I don't want to send a statute barred letter until I get the default date amended back to the original date so it drops off my credit file again.

 

Any advice on how to proceed would be appreciated.

I am not in a position to repay this debt.

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Hi and welcome to CAG

 

Initially, I would write a complaint but head it with:

 

" I acknowledge no debt to you nor any company you claim to represent"

 

Demand that they remove the default forthwith and tell them why or get them to backdate the default to the original date (same result). Don't get into an argument. Stick to factual matters only.

 

Contact the credit reference agency and complain to them. They also have a duty to record accurate information. Place a notice of correction next to the offending data. This can be up to 200 words.

If they both fail in their duty, you may have to investigate who actually did change the date. Usually, it is the original creditor who files defaults so it may have been them prior to passing it on to RW.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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if you have proof of the nationwide defaulted date

 

copy that

and write to robbersway

give them 14 days to remove the account

else you will complain to the ICO

and seek financial compensation.

 

you are in Scotland

as long as you took the card out whilst resident in Scotland

 

5 yrs from your last payment or written and signed acknowledgement

the debt is EXTINGUISHED - dead gone parrot.

it no longer exists.

 

 

there is no link between defaulted date and SB date.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You should contact the company that is named in the default. If it is RW then it is they you should contact.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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RW/hoist are the same write to H2HP ltd

 

as post 3

inc copy of NW defaulted date proof.

 

you don't write about SB to anyone now or later

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

tack it on end of the letter..

 

you are reminded that I an resident in Scotland

you are reminded that the agreement was signed whilst resident in Scotland

My last payment date was XXXXX

thus this debt is now extinguished under Scottish Law

I do not expect you to contact me to chase any now non existent balance

should you do so, I will report you to the FCA under the Conc rules

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ps I say this contrary to my earlier info.

 

I was actually in court helping someone on a Scottish claim this last 2 days

that was bought before my local sheriff

that was already extinguished by the time of the claim

 

The defendant did not write to the pursuer prior to the claim, instead choosing to ignore as he knew it was extinguished.

and the pursuer could not bring a claim.

 

The sheriff said that consumers should always write to a DCA stating such on a Scottish SB'd debt

 

for want of note:

ofcourse the situation is different in E&W

as its 6yrs and the debt is not extinguished.

 

the

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well we've had a lovely sunny warm day in the farrrrrrrrrr north

not snow or nowt...hehehe

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 8 months later...

I have had a similar problem this month. I have 2 defaulted accounts with SDTaylor. The defaults were due to drop off 20/7/17. They did ...... for 1 month.... I have now noted they are now back on my file with a new date!! Same amount same creditor. Now due to drop off 5/10/2018. It's well statute barred. What do I do ??

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start a new thread of your own please

 

this one is for jacob

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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