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  1. Any updates as to what happened with this?
  2. Well technically I'm not paying the claimant on these CCJs. It was CL Finance who originally made the claims and is the claimant. CL have now sold the accounts to Hoist and Robinson Way collect on behalf of Hoist. I received the claims over 6 years ago, long before I discovered these forums and knew about CCAs and SARs so I just didn't bother defending them and admitted liability. It's annoying really though as if I had known what I did now I would definitely have CCAd both debts and not just admitted owing the money. I'm not even sure what the debts actually relate to, I think one is an old Debenhams card but that's only my hunch! At the time of the claim I think I knew what they were for Thanks for the advice, I guess it wouldn't do any harm for me to probe these further and at least establish what I am paying the CCJs for!
  3. Hi dx100, I cancelled the direct debits created by Robinson Way shortly after they were created and before any payments were taken. Now I pay them manually using online banking at the end of every month. I have totalled up everything and nothing has been added and all payments have been applied. On both CCJ debts I am paying £10 per month. The first debt has £370 outstanding but the second £2930 so I'll be paying that for a long time to come!
  4. An update to this thread: I wrote a complaint to Robinson Way about this and asked for compensation, I got a shoddy response that contained many errors and didn't take my complaint seriously. I then sent them a follow-up and received a response from the compliance department saying the matter would be dealt with and I would get a response in the near future. Yesterday I received a letter from Robinson saying my complaint was upheld and admitting some mistakes were made on their part and also said I would receive £50 in compensation. I am pretty pleased with this but also suspicious in a way. At least in my personal dealings with DCAs they don't hand out compensation easily normally and when a company does so their first offer is usually not their best offer. It seems weird that initially they brushed me off but with one follow up letter they seem to have caved in and admitted some wrongdoing. It just seems like they have something to hide and don't want me to escalate the matter externally which is what I said I would do in my letter to them. Maybe I am reading too much into things but what should I do? Should I follow this up further or just leave it as it is and accept their explantion and compensation offer?
  5. I understand why you have to put the 'I do not acknowledge any debt to RW' but by doing this if there is any refund due then would they pay it as the payments concern a debt unacknowledged by you?
  6. Annie this matter hasn't been very time consuming and I am now not stressed out about it at all. You say it is the 'same entity'. I have only discovered this after posting on this forum and researching on the internet. This same entity has obviously set-up separate companies for its own benefit be it tax advantages, asset protection or other reasons. Just because it is the same entity is no excuse for its behaviour - 2 separate companies have been set up by this 'entity' and any transfers must follow procedures and the law. If for example I was paying 1st Credit a direct debit and the account was sold to Lowells then a new direct debit would need to be set up, it would be inappropriate for 1st Credit to hand over my bank details to Lowells and for them to then set up a new direct debit without my authority. CL Finance and Hoist, Lewis Group and Robinson Way are registered as separate companies too so the same applies. My direct debit was to the Lewis Group, Robinson Way didn't alter this one as they claim; they set up an entirely new one. This means my details have been replicated without my consent and the bank is at fault too for accepting a new direct debit without my authority. Even if it were just a case of business etiquette I should have been informed formally of any change in ownership and/or payment BEFORE a direct debit was set up without my permission and not afterwards.
  7. Just taking stock of all my finances and reviewing my situation I have a few debts that should be statute barred shortly. I can't find a definitive answer but say for example a debt for which the last payment was made March 2008 but the default wasn't registered until August 2008, when will the debt be statute barred and drop off my credit file? Is it 6 years from the last payment or 6 years from the date of the default? I suppose it is safer to assume the latter date?
  8. Got a letter re: this matter today from Hoist Portfolio Holding saying that on 13/12/13 Hoist acquired all the rights, obligations and benefits associated with the account from CL finance. There's also a letter from Robinson Way concerning the Direct Debit saying that as of 27/1/14 Robinson Way will collect the Direct Debit instead of Lewis Group. There is no need to complete a new Direct Debit instruction as details have been supplied to the bank. There's also a new reference number for the direct debit. It still seems untoward that they can contact a bank and change details of a direct debit - the company name and reference no. without my authority. I don't believe they did it like this though as the Direct Debit I cancelled was a new one that had been set up, not a change to an existing one.
  9. Thanks for all your advice. I have sent a letter to Robbers Way and also my bank. I've had this problem of fraudulent direct debits with another bank account that I don't really use. A direct debit went through on my account attempting to take £450! I didn't have enough money to pay it so was sent a letter saying it had been refused. This alarmed me as I didn't set it up - I called up the bank (NatWest) and repeatedly told them I didn't set it up, had no knowledge or dealings with the company that did and in my eyes it was fraudulent. They brushed me off and claimed it couldn't be fraudulent as no money was taken which was irrelevant surely as if the money was in the account it would have! It then got worse despite reporting this direct debit I was then charged a fee a month later, an 'unpaid direct debit' fee. Called again and finally got the message through to them. Wrote a complaint to them and ended up getting some compensation but it is alarming how badly the bank dealt with the issue and didn't take it seriously!
  10. Thanks Bazooka Boo for your response. Don't worry since these CCJs I found these forums and read the advice and never speak to any DCAs on the phone. Last week though I made an exception as I felt I had to find out what the direct debit was for. I didn't answer any of their 'Security Questions' though! The CCJ was awarded in 2006 - I got the claim and didn't defend as I was naive in those days. I just accepted it and proposed a payment of £10 per month. The claimant was CL Finance Limited and the debt was assigned to the claimant by GE Capital (it was a Debenhams card I think). The debt was for £4000. I have checked my files and I used to receive a yearly statement from CL Finance summarising my payments of £10 per month and the balance remaining, however in 2011 these stopped coming and I have never received any other correspondance. I just pay £10 to Lewis Group by direct debit every month. I'm pretty sure I've always paid Lewis Group since the Judgment and they just collected on CL's behalf.
  11. Several years ago I got a CCJ for a debt. This was before I found out about this forum and enforceable agreements, CCAs etc and I've no doubt if I had gone down the CCA route there wouldn't be an enforceable agreement! That's another matter though but as I couldn't afford to pay the CCJ off in full I agreed to pay a small monthly payment and set up a direct debit with the Lewis Group. This direct debit has been running for several years however I checked my online banking last week and noticed a new direct debit set up payable to Robinson Way (The Lewis Group one is still there also). I'd not had any dealings with this company before and certainly never set up a direct debit with them so I cancelled it immediately. I called Robinson Way and established it was for the same CCJ I was paying the Lewis Group for. They said I would have been notified by the Lewis Group of the transfer. I have not received any communication from the Lewis Group or Robinson Way concerning any transfer of ownership. In any case though am I correct to be annoyed that Robinson Way have set up a direct debit from my bank account without my knowledge or consent? Is there also a breach of the data protection act? Robinson Way must've been passed my bank account details from the Lewis Group which I did not give them permission to do, isn't this a bit improper? For any new direct debit wouldn't I have to sign a new direct debit form/agreement? I certainly haven't done that with Robinson Way!
  12. I had a visit from someone working for Moorcroft a few years back. He wasn't very threatening and I just told him Moorcroft hadn't sent me a valid agreement, account's in dispute and if he sets foot on my drive again it'll be classed as trespass. He didn't argue and just went away.
  13. Here's the order: Basically we went back and forth to court several times and the judge before the final hearing had ordered the claimant to reply to my defence but Blackhorse simply ignored all orders and refused despite warnings that the claim would be struck out. The solicitor at the final hearing just turned up and expected all the details of my defence from us and just expected us to agree to a settlement. Anyway, here's what the order says: GENERAL FORM OF JUDGMENT OR ORDER Before District Judge X sitting at X Court Upon hearing the Solicitor for the Claimant and the Defendant in person And upon it appearing that the Orders of 2 June 2009 and 5 October 2009 have not been complied with and that accordingly the Claim stands struck out pursuant to the Order of 2 June 2009, and there being no application by the Claimant for relief from sanctions and no evidence from the Claimant in respect of its default. IT IS ORDERED THAT The claim do stand struck out Dated February 2010
  14. Excellent I have found all the details and previous letters! The judgement order was made in March 2010 and it was ordered 'the claim do stand struck out'. In may 2010 though I received a letter from SCM Solicitors advising that their client Blackhorse would be taking legal action. I sent a letter to them and copied it to Blackhorse advising that they'd already taken legal action and failed and that I wanted the debt written off in accordance with the judgement. SCM replied and stated despite the judgement the debt is still outstanding and proposed that I pay installments and sign a consent order! I got a further letter from SCM Solicitors in October 2010 threatening legal action again. I think I just ignored it and have received nothing since. I'll copy the judgement text in my next post....
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