Robinson Way Court Proceedings - Help urgently needed!

[Tinnud]

Thanks for your help so far.

 

Can someone please advise me on what Martin should do next?

 

The case is due to be heard on 9th September so need some advice pretty quickly please

 

Thanks again

[middenmess]

As time is of the essence here,I think that you and Martin should re-read the advice and points made on this thread so far and write down all the points that you are going to dispute in court and all of the explanations that you want from the claimants.

 

The case should be judged on points of law and not on the moral issue of whether Martin owes the sum claimed or not,therefore it is paramount that you are fully conversant with everything that you rely on in court.

 

Set everything out in chronological order in an easy to access way so that you can refer to it quickly and easily when you need to.

 

Work out the PPI that you are owed [look at some of the threads that pompeyfaith has posted on] as that should be an impressive figure to bring up I would think.

[pompeyfaith]

Im off to bed now but i will take a look at the PPI issue tomorrow morning and do some calculations for you and come up with a figure you can counter claim.

 

Regards

 

PF

[pinny24x7]

subbing

[lilly white]

Thanks for looking in PF you ARE A STAR

REGARDS LILLY

[Tinnud]

Hi all,

 

I've spoken to Martin and he has a few questions...

 

 

1. What exactly is wrong with the CCA?
   
2. How does Martin put across the fact that Abbey never officially informed him that the debt had been assigned to RW?
   
3. How does Martin counter-claim regarding the PPI?
   
4. How does Martin explain that his £5 payments weren't knowingly being paid to RW, even though they are saying this is an admission of guilt on his part? Martin has never even spoken to anybody from RW!
   
5. Does Martin go to court or just send his defence to RW and the court and how likely is it that RW will actually attend themselves?
   

[middenmess]

Hi all,

 

I've spoken to Martin and he has a few questions...

 

 

1. What exactly is wrong with the CCA?
   
2. How does Martin put across the fact that Abbey never officially informed him that the debt had been assigned to RW?
   
3. How does Martin counter-claim regarding the PPI?
   
4. How does Martin explain that his £5 payments weren't knowingly being paid to RW, even though they are saying this is an admission of guilt on his part? Martin has never even spoken to anybody from RW!
   
5. Does Martin go to court or just send his defence to RW and the court and how likely is it that RW will actually attend themselves?
   

 

OK,I'll have first dibs at giving some answers.

 

1. Martin must read around these forums to familiarise himself with the CCA 1974 to get a basic understanding of how it must be set out to be enforceable as he is the one who will be making his defence in court. The way it which it has to be set out is very specific. RW will have to produce the original in court if Martin challanges the CCA.

2. As above,read around as again the NOA has to be sent to him by the original creditor-they need to have written to martin informing him that they have sold the debt to RW.

3. Wait for pompeyfaith to come back to this thread.

4. Others will advise on this but Martin could say that he was pressurised to make a payment under threat of charge on house/attachment of earnings/ccj etc.etc.-=was not aware of his rights.

5. Has to attend to defend and put over his arguements otherwise they'll win.

 

Those answers are only my opinion,others might see it differently.

[Tinnud]

Thanks Middenmiss I'll get Martin to get clued up.

 

Also, would it be an idea for Martin to speak directly to RW telling them that he has been receiving advice from CAG and is confident their case will be thrown out? If nothing else it will show them he is not going to just roll over and let them walk all over him!

[cymruambyth]

Hi, if you look at this thread it will show you what should/should not be in a CCA. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

 

This gives some suggestions (both good and otherwise!!!) about what to argue re payments http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191353-what-if-judge-asks.html

[cymruambyth]

I would never recommend speaking to a DCA, they can have selective memories and can harrass people.

When they see the arguments that Martin is using they may realise that he is receiving help and where it is coming from! They can withdraw at court when they realise that they are being defended. They are bullies who often win b default.

[middenmess]

Thanks Middenmiss I'll get Martin to get clued up.

 

Also, would it be an idea for Martin to speak directly to RW telling them that he has been receiving advice from CAG and is confident their case will be thrown out? If nothing else it will show them he is not going to just roll over and let them walk all over him!

 

 

 

 

Why give them any information--they certainly haven't kept him fully informed. Keep what he learns to himself-no point telling them to come onto this thread and find out what his defence will be.

 

Let Martin do his talking in court.

[middenmess]

cymruambyth--Snap!!--

 

I must type faster-LOL

[lilly white]

) Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824)

 

 

 

18 ) It is further averred that to be valid the the alleged notice of assignment must accurately describe the assignment (W F Harrison & Co Ltd v Burke & another [1956] 2 ALL ER 169). It is submitted that the alleged notice of assignment cannot be accurate as it refers to an incorrect agreement number.

 

So the assignment cant be right because it has a large portion of miss sold PPI

Also you require to see the deed that is what we are asking for proof and proof

[lilly white]

the cca ,.i must ask why is the sum still £5000 after 12 years

 

the main thing to remember is that you have two agreement within one document, so there must be a set of prescribed terms for each piece of credit, it is permissible to add the prescribed terms together and then state them as total amounts BUT they must be also stated in their separate parts.

 

How could you work out what the ppi was ie the total charge.

[lilly white]

counterclaim in the defence part 20.

 

O k tell martin not to worry about the £5 it was a mistake the judge will not be to worry.

 

complete the witness statment send to court and a copy to rw

[lilly white]

as well i see MS states that Abbey send a default notice

 

How does she know was she there. what prof does she have

[middenmess]

Lilly--is there time to send in a witness statement--the court is on 9th September?

[pompeyfaith]

you can send in WS and a defence so as long as it gets there 24 hrs before hearing if you do this you must also send same to other side.

 

Thats my understanding but im sure i will be corrected if not

 

PF

[pompeyfaith]

Ok how many months was the PPI paid ?

 

PF

[lilly white]

pf

 

can you have a look at the apr on the loan it does not seem to work

[pompeyfaith]

can you have a look at the apr on the loan it does not seem to work

 

What you mean it dont work lilly can you expand on this please.

 

PF

[lilly white]

well they have give a rate of 15.9% do the sums it does not work

 

so loan 4500 X 15.9% equals 715.5 x 4 years equals £2862 not the total charge as in cca

 

they must have combined the sums ppi and the loan.

 

which is a no no

[havinastella]

Just a quick point, instead of counter claiming (which costs money) you should include the money owed you as a 'set off'

 

I'm surprised that Martin has not sent a SAR to both the OC and Robbing Way.

 

Jogs

[pompeyfaith]

This agreement dates August 1997 so that is likely i had one like this.

 

Anyway i will do calculation and post here in a few minutes.

 

PF

[havinastella]

Also, I have not seen what the 'POC' are.

 

Can the OP find out and post what they say.

 

Jogs