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the worm that turned

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About the worm that turned

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  1. Thanks again - and yes I agree. I will wait and see what transpires. Looking through my correspondence I can see that they (3rd party) tried it on again late 2014 and early in 2015 and I made it EXTREMELY clear that no contract exists and denied all claims they made and explained that all future correspondence will be RTS. Nada since in over 2 years. Do you happen to know the timeline for provision of NoA? I would like to know to satisfy my own curiosity.
  2. Thanks Andy - sorry my two previous posts weren't the clearest!! They (NatWest) received an ex gratia without prejudice payment (settlement) from me. Not the other way around.
  3. Thanks dx100uk. BTW I never received a Notice of Assignment, which I assume should have come from the 3rd party upon when they claim it was assigned to them by the original lender. Is there a time limit for the provision of a NoA? I suppose I could carry out a SAR but why stir up a hornets nest when the Default will drop off very soon. So therefore I assume the only outstanding point then is as to whether they 3rd party feels they have a claim to the alleged debt and if so will have approx 8 months to do something about it before it becomes statute barred.
  4. Notice of Discontinuance by the Claimant (NatWest) - after receiving settlement of course.
  5. Thanks for your input Uncle B. I just want to clarify a few points on what you have said. Is it 6 clear years from last payment to 3rd party or to original lender? Do you have a reference to such information i.e. is it in the statute you refer to (Limitations Act 1980)? As to the following: That is a bit of a contradiction there. If they didn't reject the settlement offer (and bear in mind they had 5 opportunities to do so but in each case physically removed a stapled cheque) then they must have accepted it. Actions speak louder than words, and as far as I am aware, the
  6. Just for completeness I can confirm that this was settled out of court in the end.
  7. Hello All - I hope you can offer some thoughts on the below please. I had a reasonably large CC debt with a large organisation and challenged the validity of their paperwork etc approximately 7 years ago. There was lots of correspondence between us but eventually the marked it as defaulted (soon to be 6 year anniversary of default). I made an offer to settle with original lender via 5 equal monthly payments for approx 12% of original alleged debt. This took the form of an offer in writing and with a cheque for the first payment stapled to the offer. They removed the cheque and cashed
  8. BTW I now have this as written evidence, following a SAR from the Bank. Copy of written transcript that supports what I said and what is in the recording I have. The mis-selling of the account in the first place is now in the hands of the FOS.
  9. Both parties agreed to the CCJ being set aside and struck from the register without the need for a hearing and an officially stamped copy of the order was received from the court today. I now have a month to submit my defence. Happy days
  10. Cheers. I agree that they will argue this, I will argue the other and the Judge will make his/her decision. I am hopeful that they will agree to set aside the Judgment without a hearing as it is the right thing to do. But is that likely...
  11. Well in that case I will need to write the conversation down into an affidavit and submit it as evidence I guess.
  12. Well I have it in two recorded conversations. Good enough? I kind of take people on their word. How foolish of me hey?
  13. They promised that they would offer me a chance to defend before applying for Judgment. As a LIP I assumed that would be an actual offer to defend. Silly me. What they in fact did was send me a threatening letter about paying the debt or otherwise they would apply for a Charging Order (which is not even possible without a CCJ or other order, which there wasn't at the time). Hardly an offer to submit a defence. Lovely bunch. This was after they had accepted a payment to bring matters to a conclusion and mark the account as settled with all CRAs. Oh, and then lying in a Witne
  14. The first page of the thread you linked appears to suggest it would be a contract and therefore a payment under the terms of the contract rather than the payment being a gift.
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