Questions from : Have you received threatening demands for debts older than 6 years?

[T Osi]

Send both letters in the same envelope. DO NOT sign them and DO send by recorded delivery.

 

Hi, sorry I'm new here, found when Googling looking for something on Robinson Way, however this thread pulled my attention.

 

When you say, "DO NOT sign them" please explain. Do you just have your name typewritten at the bottom of each but don't physically sign? Or do you mean your name shouldn't appear at all?

 

I'm not being funny, I'm just confused... I get that a lot... I'm the type that ends up in bother even though I've done nothing wrong LOL

 

Also, why wouldn't I sign such a letter? What bad things can a DCA or anyone else do to me if I do that?

 

Many thanks in advance

Have a great day

T

[JonCris]

Philr1

If limitation don't work argue that any action after all this time would be highly prejudicial to your case

 

Time Limits in Equity

The doctrine of laches does not apply where the law provides a limitation period. In that event the claimant has the full period within which to launch proceedings.

The defence of laches is normally relevant, therefore, in two distinct situations. First, where the cause of action arises at common law but equity affords a particular remedy, such as specific performance, which is not available at common law. In these circumstances, the claimant will lose his remedy if he delays unreasonably and fails to act promptly, often within a matter of days or weeks. Secondly, laches may also be a defence where the cause of action arises exclusively in equity and no statutory limitation period applies to the cause of action, e.g. where the claimant seeks to set aside a transaction for undue influence, mistake or fraud.

Relief may also be refused in these circumstances on grounds of delay. But in these circumstances the critical question is usually whether the claimant acted promptly after becoming aware of his or her legal rights. If the claimant was ignorant of his or her right to bring proceedings until years after the event, e.g. because he or she remained under the influence of the wrongdoer or was wholly ignorant of the facts giving rise to the claim, the claimant may not be barred from seeking relief, even years after the event

 

Relevant judgement

 

Judgement - Nurdin v. Peacock

[diddydicky]

ok, views differ so here is mine:-

 

it is possible that the the s78 request is likely to go to a different department to be dealt with ( it usually goes into the main office and they then make computer requests for production of the agreement.

 

there is no legal requirement for it to be signed.

 

a SAR is always given, without any other interference- to the Data controller so there is much less likelyhood of it getting lost in the office somewhere else

 

many caggers will argue that the creditor or dca has been dealing with them over a number of years and sending staetments etc and that they are just being awkward when they write back in response to a SAR and ask for a signature or ID

 

that may indeed be the case, however it is also the case that the data controller may NOT necesarily be involved in the day to day running of the credit account - indeed he may be based at an outsourced or contracted out archive centre and as such may have no previous knowledge of dealings with the customer

 

the SAR can take up to 40 days

 

there is a lot of nonsense talked (IMO) as to creditor lifting signatures off one document and putting them on another (allegedly an agreement)

 

Just as a cheque can be "crossed" to prevent fraud- so can your signature be crossed if this aspect is a concern to you

 

otherwise you can lose vital weeks arguing the toss about signatures when what you probably need rather quickly is the information you are requesting

 

It is no big deal which way it is done but personally I would send them seperately - if you send them together the letter will go into the general office for the s78 request to be dealt with and then the SAR forwarded direct to the data controller (who could be off site) and much more chance of things going missing.

 

(also In any further proceedings it is useful to be able to have a recorded delivery slip attached to each request)

[Owen Cash]

if it is the CCJ they are trying to enforce it does not become statute barred

Understood that bit

 

however

 

they cannot enforce the ccj if you have not paid it for over 6 years without applying to the court

 

a/ they seem not to be the original claimant

 

b/ they would have to produce the judgement to the court (the court will NOT any longer have a hard copy)

Can I confirm please?

If the CCJ was to be enforced, does it have to be the OC who applies to the court to enforce the debt, or can any old DCA apply to the court to "enforce" the CCJ / debt.

 

Basically, RW have contacted me re an 18 yeard old debt, it's not SB as a CCJ was awarded in 1996, but I'm concerned if RW decide to "enforce" the CCJ by seeking permission from the court.

[dx100uk]

you are kidding.... 1996!!!

they dont stand a chance!

 

it has to be in their name unless they have purchased the debt and the oc has written to you saying they have sold it to them and they write you a notice of assignment.

 

ignore them totally

 

hehe they are scrapping the barrel here somewhat!

 

thats why we call them robin ways!

 

dx

[Owen Cash]

you are kidding.... 1996!!!

Yes, the alleged debt is from 1992, a CCJ was awarded around 1995 / 1996, I'm going to write to RW informing them they need the courts permission before I enter into any dialogue with them.

 

From what I've read about RW, they don't go away easily, which is why I'm writing and insisting they go through the court before contacting me again.

 

Thanks for your help.

[dx100uk]

1992 gets even better...

my mrs still gets an annual anal poke for a debt from 1983.

 

i would not write to them at all.

 

how do you/they know there is a CCJ & two it has not already been paid off.

 

simple they dont!

 

ignore them

 

 

dx

[diddydicky]

as far as i am aware only the claimant can apply to enforce (which would IMO include someone acting on their behalf)

 

a claimant with a debt as old as the one you mention is about as likely to get permission from the court to enforce it as I am of getting catherine zeta jones and katherine jenkins in bed with me at the same time!

Edited March 21, 2010 by diddydicky

[Owen Cash]

how do you/they know there is a CCJ & two it has not already been paid off

About 5 years ago before these type of forums existed, I was contacted by a company called Global, they said it was not SB as a CCJ was awarded, (they supplied the the CCJ reference number) so I called the court, and was informed they had to apply to the court to enforce the debt, I informed Global of what the court said, and heard nothing more, until now.

 

as far as i am aware only the claimant can apply to enforce (which would IMO include someone acting on their behalf)

Thank you

 

I'm going to write to RW because from reading, they send people round, I don't want anyone turning up at my door, I've moved on from 1996, and don't wish to that part of my life to be dragged up again.

[Owen Cash]

a claimant with a debt as old as the one you mention is about as likely to get permission from the court to enforce it as I am of getting catherine zeta jones and katherine jenkins in bed with me at the same time!

If I just ignore them, they won't go away from what I've read.

[dx100uk]

and if you write them you are opening up a whole can of worms and that way they will def NOT go away as their phishing trip has caught a fish that is worried.

 

you certainly wont get a doorstep visit for a debt that old

 

so, does the current leech know about the CCJ?

if they do, its because you got suckered into talking to global

[diddydicky]

it won't hurt or harm you position to make it clear

 

Dear Sirs

 

i refer to you letter of XXXXXXXx

 

 

if you feel that a court will grant you permission to enforce this CCJ no doubt i will receive notification in due course.

 

in the meantime all future communications will be filed unanswered

 

Y F

[Owen Cash]

so, does the current leech know about the CCJ?

I've no idea tbh, this is my thread which I created yesterday when I received the letter http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/252483-robinson-way-18-year.html

[Owen Cash]

it won't hurt or harm you position to make it clear

 

Dear Sirs

 

i refer to you letter of XXXXXXXx

 

 

if you feel that a court will grant you permission to enforce this CCJ no doubt i will receive notification in due course.

 

in the meantime all future communications will be filed unanswered

 

Y F

 

:D Simple

 

On the other hand, I created a 3 page letter going into great detail about aboy OFT guidelines (some great template letters on here) who I'll complain to and they need the courts permission for any alleged debt etc., etc.,

[diddydicky]

i used to do them to- then i saw the light!!:D

 

don't give them the satisfaction of knowing that you spent hours concocting a response when F**K Off conveys the same message in a fraction of the time!

[Owen Cash]

Thanks to you both, may I ask, is there anyway to stop these alleged debts being passed around, for example from Global to RW, etc., etc., or do I just have to go through the same paper exercise each and every time a new DCA contacts me.

[diddydicky]

no, and yes (in that order)

[Owen Cash]

Thank you, I'm grateful for all the help.

[dx100uk]

IMHO, the more you write the more 'mug awaits' markers get put on the DCA phishing list.

they certainly will not put on there that you chased them off because it was sb'ed or unenforceable or WHY so thay legally cannot fleece...else they next leech will not 'buy' the debt.

 

dx

[diddydicky]

Right, lets get thigns straight, first off, upon having not very nice comments on here on my last post,|I have been lying low, last week,was court datewith us and a dca...if we hadnt have taken legaladvice and gained representaion, we wouldof lost,end of. Lost our house, so its allwell n good harping on about fight fight fight...sometimes you cannot. For us, even though we have agreed a vol charge,it is written in a contract by our solicitor who was a godsend...sumofem are decent out there. So, whilst i used to take advice of this site and take every piece of advice to heart, this could have lost us our home!!

 

We got what we wanted and at least the dca know we have a solicitor so they are being very nice. becasue that was my wife's issue, i just got involved in it as didnt want to lose the house obviously..written in to it is the fact they cannot sell it etc..the other side only recieved instructions 3 mins fromcourt time, had not complied with sar etc..we culd have screwed him court but we had already withdrawn the application to set aside so wasa lost cause..first judge was right stuck up, thsi was months ago.,she refused the set aside even if when i got advice fro the affadavit. The judge last week was very nice, obviously much older and wiser than the previous one. So, thanks to allwho helped with the affadavit, but,wen it comes to your home,please seek legal advice. Plus, dca's are now using your professions against you..i.e teachers etc..as a set aside would have to be decvlared to your employer and bankrupty petitions...ery nasty tactics. So I am here, but wiull not tolerate the bashing i had last time from other members. We are gratefulfor the advice,and they do read this site...(dca's that is..

 

i don't think anyone on this forum who gives advice does so for a monetary gain, unlike a solicitor who may or may not be acting purely for financial gain,

 

Nor does anyone on this forum guarantee success- if we could we would bottle it and sell it!

 

Nor do i think you would have "lost your house" if you had followed advice on this forum

 

the facts of the matter are that for whatever reason- you were not forthcoming with the documents and information that was required in order for folk to give you the best advice, therefore you were the author of your own downfall in that respect.

 

any poster on this forum seeking legal help and who is not prepared to post up the documents he refers to (minus identity) is always going to be treated with suspicion

 

I am pleased that your solicitor has got the result you wanted

 

is that all we can help you with, - or is there something else?

[lickthewallfatboy]

CAN SOMEONE BUY HIM A PERSONALITY?

[beaconsman]

Tyn diall u saesneg, paid a ben nedi,

 

cynuchd bant a saesneg...

[count orlok]

Tyn diall u saesneg, paid a ben nedi,

 

cynuchd bant a saesneg...

 

gwna mo chwedleua fel gwlych

[beaconsman]

Hwyl fawr ichi...Mae wedi blino gyda consumer action group!

 

Prynhawn da..

[beaconsman]

well, i have been tryog to get hold of the moderators and to no avail until they remove posts..freedom of speech? yeah righto..