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RobMitch

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About RobMitch

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  1. Hi Martin appreciate you helping me out. The judgement was August 2008 and was paid up to satisfaction in Feb 2009. The claimant was BC acting on behalf of Phoenix recoveries according to the court papers. Fredricksons only contacted her after the judgement regarding a "catalogue debt" not a CCJ. She was frightened and agreed a payment plan. At no time did she realise it was for a judgement. The issue is that had she been contacted by Phoenix earlier, and knew about the default she would have entered an agreement (as she did with Fredricksons) and a claim would have been unne
  2. Hi I am attempting to get a set aside of a default CCJ on a debt. My friend on recently learned of this CCJ when she obtained a copy her credit file and found that Brian Carter acting for Phoenix recoveries had pushed through a debt. She was working away and never received the claim form. She never receibed a default notice or ant demands from PR or BC as required by pre-action protocols. A few months after judgemetn she was approached by Fredricksons who never told her the debt was a CCJ, just a standard debt collection thing. She entered into an agreement and the debt was sat
  3. Hi everyone. Just got a credit report and descovered a CCJ I knew nothing about. Fredricksons had passed a partial balance of a debt it thru Northampton but I never received the papaerwork so a default judgement made despite us being up to date with the agreed payments. We'd continued to make the standard paymenets and these were used to satisfy the judgement which shows as satisfied on the report even after it was passed to Bryan Clarke. But there is of course a CJ on the account, so can a satisfied judgement still be applied to be set aside? Thankyou for considering this
  4. Can anyone advise please on what gorounds a counterclaim can be made. Is it for the costs of wasted time in preparing the defence and evidence?
  5. This is superb as I am currently preparing to defend a claim for an invoice that was in dispute. I think on reading your post, that both parties have failed to follow the pre-action protocols, relying more on phone calls. Is it your belief that a defence based on a dispute that ourselves and the other partly were currently negociating is a good one? The other party would not review the documentary eveidence we had, nor did they ammend the invoice when we were told by phone they would. I'm of the view after reading your post that we should continue to fire letters to them offering set
  6. Than you very much I hadnt realised about only getting a CCJ if you failed to pay in 28 days. That's very reassuring as the sum is only a few hundred and it could be covered if needed!
  7. Hi all This is not the usual debt situation here but my partner used a recruitment agency to hire a telesales operator for one week. After leaving my partner reviewed his computer (as his phone logs showed irregularities) and determined he had used it for (very) inappropriate surfing of the net rather than actually researching comapnies to target for sales. The invoice they sent for his week was also for the wrong number of hours (never corrected) and a representative of the company didnt want to see internet evidence as it was distressing. My partner was told not to worrry as the o
  8. Thank you people, this confirms what I've believed. i will send the stat barred letter to CCS. As I am no longer in receipt of benefits, I'm not too concerned about the fact they can legally claim it at some future time. I guess I'll worry about it when I'm 65! Thank you all for the facts.
  9. Having been contacted sporadically by the DWP over a supposed benefit overpay harking back to September 2000. I have consistently requested they send me proof of this overpay which the have been consistently unable to do (I have received a copy of a letter telling me I owe the money but no proof of overpayment). To muddy the waters, they have combined this debt (that I wholeheartedly deny) with a £146 outstanding balance on a social fund loan. I was advised by Debtline to not pay this until they separated the debts as in all likelyhood a payment would be aknowedgement of the entire
  10. I ve been a part of the Robbers Way Merry-go-round for over a year now, I'm on round 3 of the escalating threat-o-grams. They just full of poopy. Been 9 months and still waiting for me CCA...
  11. Gotcha and thanx again. I will attend the local CAB debt clinic on Thursday. Am with you on the stat barred aspect, believe me - too many DCAs trying that old trick. Also no more calls, it was only necessay in this case as their deadline passed and I wanted to get a second DWP officers assessment.It was interesting that this officer said he could send a letter while the last one couldn't. I even recall a call a few years back about this when the woman told me they just fire out the letters every so often to see what they can trawl in! This is their debt management divison, so t
  12. Thankyou to you both for prompt replies. Have been back in touch this morning with DWP. They have requested the paperwork on the Overpayment from the original authority and told me it'll be up to ME to prove I don't owe it (rather than the other way around in credit debts). They accepted the debt being over 6 years means its not recoverable in court, but they informed me that should I be lucky enough to live to draw a state pension, it'll be taken then! Sweet. The guy was helpful and promised to send an itemised list and has assured me that any payment goes off the Social f
  13. Hi again everyone! I have recently received a letter from the the Department of Works and Pensions about a £727 debt. As this figure menat nothing to me I phones the number and was told there were 2 debts against me, one for about £174 from the social fund (I recall and accept this debt) and one for £553 for a benefit overpayment in 1999/2000. Now this benefit overpayment I have disputed and never acknowledged (I received sick beneft after I couldn't work when I lost a thumb and sent in all the sick notes etc...). They want me to start making payments on the combined debt but I
  14. IMO, like Rob's, the agreement is no good. It is their style to continue to send letters on a periodic basis. Ultimately its only if they initiate court action that you should act. At tht point there are any numbers of defenses in the legal Issues section of this forum to help you, or ask for help over their. I'm in a not dissimilar situation, but they have continued to press, threaten and demand with no CCA sent after 4 months now. This is just rhetoric on their behalf but I have taken the precaution of preparing a defense based on similar cases in the legal successes section here, so
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