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Iansdebt

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About Iansdebt

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  1. I have filled in an appellants notice and received a SAR with all my bank details. I've even evidence from LLoyds from a transcript between them and Robinson Way to suspend any further action on the account. I've just received a letter from the court today giving a date of 14th Dec for a hearing to request permission to appeal after my original appeal request was denied. Thanks
  2. Hi Hopefully someone could advise me on whether I can get a CCJ removed/overturned that has just been registered against me whilst appealing a court order. The case is still ongloing against Robinson Way yet my credit file is now showing a CCJ judgment has been listed against me. To me it doesnt seem lawful to have a CCJ listed against me whilst still fighting the case in court. I am at the stage where I am requesting a hearing for the right to appeal. I've already lodged my appeal which initially was denied. I would appreciate hearing from anyone who can offer advice. Many thanks Ian
  3. Hello I'm making an appeal to anyone who can offer advice on: What power a claimant has to recover money owed whilst an appeal is being considered? Does anyone experience of writing a letter to judge asking for permission to extend the appeal period? The validity of a claimant using a screenprint of transactions made, specifically from LLoyds Transcops or other banks Transcops system I did post a couple of times on the 22nd September but didnt get any replies unfortunately so hoping someone may be able to offer some advice. I'm concerned about whether I have good grounds for an appeal I have lodged. Please see my previous post for more background. Thanks in advance Ian
  4. Hi I would be interested to hear from anyone who has been taken to court over an alleged payment shown on a Transcops screen shot provided by Robinson Way. This relates to a LLoyds bank account debt from 2004 that should be statute barred since I have not made payment within 6 years of the default occuring. However, Very handily their Transcops screenshot shows a payment termed 'payment by agency' in 2005 which enabled them to issue the claim as its within the 6 years. I'm in the process of appealing a decision by a district court judge who ruled in favour of Robinson Way despite the fact that they were unable to provide a copy of the default notice and furthermore were using this Transcops screenshot as their only evidence of payment. Any experience of cases involving Transcops being used and the outcome would be of great interest to hear about. Many thanks Ian
  5. Hi Andy The latest development in this saga is that I have now been asked by the court to submit a transcription of the judgement or hearing. They need this before they can make a decision on whether my appeal will be accepted or denied. The only issue is that there was no tape recording during the hearing as it was heard in a small claims court judges chamber and so the only transcript there would be is the judges notes from the hearing. I've got until 12th October to submit the transcription to the court, but have received correspondance from Robinson Way's solicitors demanding the full payment by 29th September. This raises some serious questions, which I would appreciate anyone's help on: What powers do Robinson Way have to recover the amount owed whilst my appeal is being considered? Can they claim my assets i.e car/home? Is there action I can take to prevent Robinson Way from enforcing payment whilst the appeal is going through? Does anyone know if there needs to be a tape recording or court recorder present during a hearing in a small claims court by law? If I'm relying on the notes written during the hearing by the judge what is their to protect me from the judge altering her notes? Bear in mind that in my appeal I have stated that one of her statements in summing up is invalid in a court of law and so contesting her judgement Should Lloyds Bank fail to respond to my SAR request within 40 days (already been 30 days) what actions can I take to ensure they comply with my request? Any advice you could offer on any of the above points would be appreciated. I'm determined to stand my ground as best I can and not let Robinson Way get away with their unfounded claim against me. It makes me want to swear! Many thanks Ian
  6. Hi Andy Just wanted to say thanks for replying to my message, even though its some time ago now. I've lodged an appeal with the court using the N164 form and is being considered by a circuit judge. Should hear the outcome in the next week. Fingers crossed he rules in my favour and shows Robinson Way the finger, so to speak. Kind regards Ian
  7. Hello all This is my first post after signing up yesterday and hope someone can guide me in the right direction. I'm seeking advice on whether there is a piece of law that I can use in appealing a court decision that went against me in relation to a debt from 2004. To give you some background: On 22nd August I attended a hearing at Nottingham county court involving a personal debt claim made by Robinson Way, who expect many of you are aware of from reading the threads on here. This was concerning my bank overdraft debt with Lloyds Bank from 2004, which Robinson Way took ownership of on 9th March 2008. The important facts of the case were that: Robinson Way were claiming that I had payments towards the debt between 2005 and 2007 The payment evidence provided by Robinson Way was a page taken from Lloyds bank accounts system that stated next to each payment entry "Payment from Agency". No reference to my account, name, number or method of payment was shown on this page. My defence was (and still is) that these payments were not made by myself. Therefore, under the Limitations Act 1980 the debt should be 'Statute Barred' as no payment or communication had been made within 6 years of Robinson Way raising the claim, which occurred in February 2012. The outcome of this hearing was that the Judge ruled in favour of Robinson Way on the basis that that these payments could have been made by myself, a friend or family member and the judge deemed there was no reasonable doubt to suggest otherwise. My defence, although supposition was that these payments could well have been payments between the debt collection agencies who were managing the debt at the time. I did not have firm of evidence of these payments originating from the agency's and was supposition in my defence. However, on further investigation following the case I have read about similar instances of debts involving Robinson Way and other DCA's where they have also claimed payments were made and are also termed as "Payment from Agency". From the instances I have read about it appears that in numerous cases these payments are in fact a Subject Access Request (SAR) or Consumer Credit Agreement request (CCA) made by the debt collection agencies, which both carry a fee for this request and often are deducted from the debt. Where things stand now is I have less than a week to appeal to the court and would appreciate advice on what I can use in my appeal wording that adds some legal weight and what form to use. If there is something in the law for instance around companies having to prove who the payments were made from, which method was used and the payment details i.e card nbr, cheque nbr etc then that would provide good grounds for my appeal. Many thanks in advance Ian
  8. Hello all This is my first post after signing up yesterday and hope someone can guide me in the right direction. I'm seeking advice on whether there is a piece of law that I can use in appealing a court decision that went against me in relation to a debt from 2004. To give you some background: On 22nd August I attended a hearing at Nottingham County Court involving a personal debt claim made by Robinson Way, who expect many of you are aware of from reading the threads on here. This was concerning my bank overdraft debt with Lloyds Bank from 2004, which Robinson Way took ownership of on 9th March 2008. The important facts of the case were that: Robinson Way were claiming that I had payments towards the debt between 2005 and 2007 The payment evidence provided by Robinson Way was a page taken from Lloyds bank accounts system that stated next to each payment entry "Payment from Agency". No reference to my account, name, number or method of payment was shown on this page. My defence was (and still is) that these payments were not made by myself. Therefore, under the Limitations Act 1980 the debt should be 'Statute Barred' as no payment or communication had been made within 6 years of Robinson Way raising the claim, which occurred in February 2012. The outcome of this hearing was that the Judge ruled in favour of Robinson Way on the basis that that these payments could have been made by myself, a friend or family member and the judge deemed there was no reasonable doubt to suggest otherwise. My defence, although supposition was that these payments could well have been payments between the debt collection agencies who were managing the debt at the time. I did not have firm of evidence of these payments originating from the agency's and was supposition in my defence. However, on further investigation following the case I have read about similar instances of debts involving Robinson Way and other DCA's where they have also claimed payments were made and are also termed as "Payment from Agency". From the instances I have read about it appears that in numerous cases these payments are in fact a Subject to Access request (SAR) or Consumer Credit Agreement request (CCA) made by the debt collection agencies, which both carry a fee for this request and often are deducted from the debt. Where things stand now is I have less than a week to appeal to the court and would appreciate advice on what I can use in my appeal wording that adds some legal weight. If there is something in the law for instance around companies having to prove who the payments were made from, which method was used and the payment details i.e card nbr, cheque nbr etc then that would provide good grounds for my appeal. Many thanks in advance Ian
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