Robinson Way chasing old debt

[steven4064]

CAn you post the RW application (personal details removed as per usual)

[Floppy Poppet]

i hope these are the documents requested, thanks again for all your help, it is very much appreciated.

application notice page 1.pdf

application notice page 2.pdf

application notice page 3.pdf

notice of tranfer 2.pdf

notice of transfer.pdf

[steven4064]

OK so they have applied for the stay to be lifted and your defence to be struck out. They claim the debt is not staute barred because you were making regular payments of £1/month from Jan 2001 to Nov 2004. They claim that you have necer otherwise disputed the debt.

[Floppy Poppet]

Thanks for getting back to us Steven, what can we do now if anything?

[steven4064]

Are they right about the regular payments?

[Floppy Poppet]

We did make payments but not for that long and only now and again.

[steven4064]

When was the last one?

[Floppy Poppet]

2004

[steven4064]

The problem is that the six years (Limitations Act 1980) starts the month after your last payment - therefore this debt is not time barred until 2010

[Floppy Poppet]

So there is nothing we can do now then?

[steven4064]

There are several ways of challenging (alleged) debts:

 

1. they cannot produce a (legible) copy of an executed agreement or, failing that, an agreement enforceable under s127 of the CCA1974 (ie with signature and prescribed terms)

 

2. they did not send a DN in the prescibed form (or at all) or can't prove that they did

 

3. they have assigned the debt but cannot produce a copy of the deed of assignment or didn't send you a notice of assignment or can't prove that they did

 

4. there are unlawful charges or mis-sold PPI in the amount (you can challenge the amount of the debt)

 

5. the debt has not been acknowledged for 6 years

 

6. other specific technical things - eg they included the arrangement fee in the loan amount (personal loans), they mis-stated the interest charged (>1% above,

 

If none of these apply, then there probably is not a lot you can do.

[Floppy Poppet]

Thanks Steven, I have given you all the info we have and now I am totally lost. I dont think we can find any of the original info as we have moved many times since first taking out the loan.

[steven4064]

It's not youi that has to provide original information, it is them

[GlenW]

This thread has totally amazed me!

 

I thought the idea of these forums was to help people who had been overcharged, underpaid, harassed or generally abused by companies or organisations.

 

In my opinion the only advice to give to anyone who makes a statement such as:

we made one payment and then defaulted

Would be, "Glad they've caught you, now pay your debts!".

[Floppy Poppet]

The people on here have been very helpful indeed. Maybe you should look elsewhere!

[Floppy Poppet]

There is always one and you are it! I think this is the wrong forum for you. You know nothing about my circumstances I strongly suggest you keep your nose out.

[GlenW]

I've no need to look elsewhere, I have received superb advice and guidance from the contributors on here.

However, my problem was not one where I was trying to avoid paying monies that I owed.

You have admitted that you borrowed this money and are now trying to wriggle out of your obligation to repay it.

[Floppy Poppet]

Hi Steven,

Today we received our court date 2nd of Feb 09. Is there anything else we can do now? And will we have to take anything with us when we attend?

Thanks for all your help.

FP.

[emmaf01]

You need to identify what reason you will be challenging this debt. If you look at the list provided by Steven in post #86, you need to narrow down which fits your situation. Then you build your case with whatever documents and other information supports that and present it to the court. If you need to request any information regarding the debt which may support your case from the other side.

[Floppy Poppet]

Thanks Emmaf01.

[emmaf01]

Don't worry, FP. There are always avenues to look at. And if all else goes screwy, you never have to pay back an amount you can't afford.

[ScarletPimpernel]

However, my problem was not one where I was trying to avoid paying monies that I owed.

You have admitted that you borrowed this money and are now trying to wriggle out of your obligation to repay it.

 

 

One of the great things about CAG is that people can come here to get advice, not to be judged.

 

There may well be a perfectly good reason why someone has borrowed money with every intention of paying it back, but some circumstance has intervened which has made this impossible. There's no reason why someone like this is any less deserving of help than anyone else.

[Floppy Poppet]

Hi Steven,

Went to court on the 2nd and the judge has given them another month to come up with all the documentation, as they did not have it with them. Thanks in advance.

[The GodMother]

Oh the we need more time thing.

 

Well i think we need to make u aware that they have had more than enough time and if they dont comply this time ask for the case to be thrown out.

 

I will get you the relivant acts u can use.

[Floppy Poppet]

Thanks GodMother. They have had months to sort this out. When they took it to another court they put a stay on it and that is what they wanted lifted, but its a joke now far too long it has taken them and still nothing.