Robinson Way CCJ/CO Cap1 card debt - was unable to respond - now want to set aside **LOST** - appealed - **WON** Claim reset - **WON - Case dismissed**

[cymruambyth]

I'm almost certain that they have to state an actual date, I'll see if i can find the regs for you; otherwise banker_rhymes_with will know

[RobinWayRobinme]

Thats how I would interpret the regs, but you know what its like when you get into court. I've tried to search, without success, for some case law that clarifies the point as this would pin it down.

 

Hope you are able to come up with something cymruambyth.

R

[cymruambyth]

Hi robin, sorry I have't been able to find anything, though i know that i have read it somewhere, maybe a PM to BRW will gain the information.

[citizenB]

Excellent and very detailed CB. Very useful, thank you. On the question of stating the number of days from date of letter to remedy default, the regs state that a date must be stated. If the DN does not state a date to remedy the breach but instead says breach must be rectified within xx days from date of DN, does that wording comply with the regs or not (even if it says 25 days or even 30 days from date of DN).

 

Any thoughts on this CB.

R

 

Hi Robin,

 

I think the following is quite clear. A date must be stated.

 

 

http://www.consumeractiongroup.c o.uk/forum/show-post/post-2172221.html

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

 

3

A specification of:--

 

(a) the provision of the agreement alleged to have been breached; and

 

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

 

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

 

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

However, I rather suspect that if a DN states "28" days, the opposition could probably argue quite confidently that they had given more time than the regulations allowed for and have the judge declare it a de minimus issue.

 

The reasoning behind a date which doesnt allow the full 14 days to remedy provided for by parliament is, IMHO still sound ,as the Creditor would be depriving you of that protection. Stating 28 days doesnt deprive you of that protection IYKWIM.

 

Does that help ?

[RobinWayRobinme]

I am thinking the same as you on this CB. I'll just stick to the wrong amount being stated to remedy the breach.

R

[cymruambyth]

Hi Robin

 

Can I just pick your brains? What wa sthe outcome of the 2 different dates on the September NOA from RobWay/HF?

 

THank you

[atom02]

Hi robin,

 

there have been no updates to your thread in a while - just wondering what happened in your appeal. I have applied to withdraw my admission but the judge refused. i am considering my next steps.

 

atom

[RobinWayRobinme]

Hi All

Its been a long time since my last post, but now after what seems a life time and many other issues since my last post I can now post up that after winning my appeal and getting leave to withdraw my admission, which effectively turned clock back to me recdeiving the claim. I WON.

 

Was in court at end of last week and the Claimants claim was DISSMISSED.

 

I will post up more info that may be helpful to others and I should be able to spend a bit of time helping others with the benefit of my experience over the last 2.5 years.

 

Its been a stressful time thoughout this, even though I always believed I was right.

 

R

[AndyOrch]

Excellent news Robin

 

A win that was thoroughly well deserved and worked for.

 

Congratulations.

 

Regards

 

Andy

[RobinWayRobinme]

Thanks andy, good to see your still around still fighting the fight.

R

[RobinWayRobinme]

Just a question for site team, can the title to this thread have added "Round 2 - CASE DISMISSED"

R

[car2403]

This is excellent news after a lot of effort to get you to this position - you should be very proud of yourself!

 

May this thread be used to show others the extent to which you have to go to fight your corner when you know you are right. Lots of others would have given up long before now.

 

Give them hell, people...

[remus]

Congratulations

 

understand the stress you have been through, glad it came good for you in the end

[citizenB]

Yes, well done. I imagine you are very relieved this is all over.

[cymruambyth]

Excellent news, a well deserved result following the hours of hard work that you put into this case.

[patrickq1]

well done RWR

patrickq1

[DonkeyB]

I concur and look forward to the gory detail, and hello Patrick!

[lilly white]

Good news..............

[patrickq1]

yo donki