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About upforjustice

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  1. Hi, again I have now gone through the won cases to see if there were any similar to ours and there is a very similar case - almost to the letter! So I have started by following the advice there. It seems that as I do not have all the neccessary documentation from either the Pre-Action Protocol letter OR the Particulars of Claim, it is best to send a letter asking for this info FIRST and then to file a defence based upon what is forthcoming. (Even tho the statute barred would still apply and I will need to inform the judge of this). Secondly, as more than half of the sum the
  2. Hi bankfodder, Thanks for your post. I realise it is longwinded, but thought I had better get the info out there. My husband signed a letter requesting CCA and SAR. Nothing more and no acknowledgement of the debt. I have a copy - so am sure. I think that the defence I have is probably ok. Do I need to make CCA and SAR again? Thanks.
  3. Hi, We have a statute barred debt with certain well known and loved DCA. Have stated this to them at least 3 times by letter since 2007. They keep writing - saying it is not and have falsely stated in a letter to us that we paid £1.00 on the account in 2006 -to another collectons agency whom they sent to the door in 2007. What we actually did was deny knowledge and ask them to return a week later when we handed them a statute barred letter. The letter they sent actually stated that the payment was made on a date which was the day after the debt became statute barred, (according to the
  4. Ok, as I have a bit of time today, for a change... and am of the type to see things through.. I have now gone through the file which I have on this issue: A subject access request was made on 20th July 2005 and also a CCA request on the same date. Our letter states that the money (£1.00 and £10.00 must not be used for any other purpose). Crapbot responded to these on 28th July 2005. However, on the file correspondence and records (which I have copies of, as I said before) the notes say that the postal orders were passed to Payment processing to be applied to Ops acct. (Mayb
  5. Hi again, thanks for that... so if Cabot have not registered another Default and they are saying the default was in 2000. What next? it all seems a bit of an impasse.
  6. Hi again, well, we got letter back stating that the debt is not statute barred as we "last acknowledged the debt on 15 November 2006, through Robinson Way: a payment of £1.00 was made on that date". I am interested to find out more about this so called payment and the account number it came from etc etc. Am I right in thinking that I have seen this sort of behaviour quoted on this site before? Also,this date looks inaccurate to us as we are sure that we made Subject Access request the previous year. We made the £1.00 payment by postal order for a Subject Access request, which show
  7. Hi cerberusalert. Thank you for your prompt reply. This letter is going to go via recorded post on Monday. watch out Cabot I will post any updates as neccessary. Thanks again
  8. Hi again, thanks for your comments. it is encouraging to be confirmed in my opinion. As suggested here is my response - what do you think? Letter to cabot 16.7.09.doc
  9. Hi, we have not posted before, so please be patient - although I think I m pretty confident in my reading of this situation.... Old MBNA debt from 1999 passed to Crapbot in Oct 1999. No payments to account since 2000 - I have the full statement of the account from Cabot with all the dates on. We paid off our other debts when we were back on our feet after a period of voluntary agreement, but MBNA would not freeze interest or accept statement of means or reasonable payment offers- the debt stood at around 5,000 at this point. Our credit rating is 999 and we have no defaults
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