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    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
    • The Barclay Card conditions is complete. There was only 3 pages. This had old address on. Full CCA. 15 pages. The only personal info is my name and address. Current Address The rest just like a generic document.  Barclays CCA 260424.pdf
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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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