Jump to content


  • Tweets

  • Posts

    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Partners Unknown Debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4608 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My new partner has received a letter from Robinson Way Limited (ex LSB) for a debt of £2,324.24 under her old married name. She knows who has set the account up but has been advised by her solicitor that it's not a matter for the courts to deal with as it's not a criminal matter, Is there any legal stance that she could take to get this debt wiped off completely as the person involved in setting it up was her ex husband getting his own back on her because she left him back in 2006 due to his violent behaviour

Link to post
Share on other sites

She knows who has set the account up but has been advised by her solicitor that it's not a matter for the courts to deal with as it's not a criminal matter,
That seems odd advice from a solicitor considering it's fraud. She should report it to http://www.actionfraud.org.uk/report_fraud She'll be given a reference number which she should quote to any DCA who tries to pursue.
  • Confused 1
Link to post
Share on other sites

I would suggest contacting the bank directly in writing and tell them she is reporting this as fraud as she has no knowledge of this account. Report it first so she can include any crime reference number etc.

 

Other people know more and can give you more detailed advice

Today is the tomorrow you worried about yesterday, and all is well!

 

Link to post
Share on other sites

In almost identical circumstances I was given the following advice.

 

Write to the creditor stating you have no knowledge of any such debt and asking for proof. If/when documentation is supplied (it already had been in my case) write back stating categorically that it is not your signature and that you never opened the account/had the loan involved. If the creditor or anyone official asks you can tell them your suspicions as to who did open the account. I was advised that I couldn't report it to the police since I had suffered no crime or loss - any fraud was against the bank.

 

I will admit that it did take some persistence to get the bank to leave me alone but I really didn't want to risk involving the police myself if it could be avoided. So far as I know the bank never involved the police, and they never asked if I knew who's signature it was. The debt is now statute barred.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

A very awkward situation, but, if, as you say this was done in spite then reporting it would be a logical action and not spite. It could be reported, saying that it is only a 'suspicion' that you know you did it, but you would prefer, unless pushed, not to name names.

Link to post
Share on other sites

  • 3 months later...

*UPDATE*

 

Partner received the evidence from Robinson Way with regards to her debt (or so they claim it's her debt) I noticed the following mistakes on it instantly, the debt was a loan taken out by her ex husband back in 2004, on the loan papers it's his name only, the credit agreement has his signature and what seems to look like an attempt to forge her maiden name signature, yet Robinson Way write to her under her maiden name. She has filed a fraud allegation and got the CRN and has been to the police who took her statement. Now Robinson Way are demanding that she makes full payment with 10 working days or they will take action against her. The Police managed to get the debt held. Also when I have contacted Robinson Way on her behalf they refuse to talk to me without written consent from her, claiming it's under the DPA that stops that communicating with me.

 

Is this true or are they just holding out until they receive her signature so that they can forge it onto the documents?

Link to post
Share on other sites

Yes they are right she must give

written permission for you to act.

Make sure that there is a variation

to the signature she provides that

you can identify if there is any doubt

about any thing they come back with.

Tell them that until the fraud has been

fully investigated YOU have put the matter

on indefinite hold:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Robbersway are barking up the wrong tree, I personally would ignore them, they can't do anything, they don't own the account, they have suffered no loss, they're petty little children with naff all to say and are saying it too loudly!

 

Give them nothing, don't ring them, if they ring you just laugh at them and hang up.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 2 weeks later...

*UPDATE*

 

Robinson Way have now contacted my partner, asking for the following information:

 

A signature on official documentation

 

Proof of residence when the loan was taken out.

 

As this matter is being dealt with by Staffordshire police, she has informed Robinson Way that the signature will be provided direct to the Police and that as this is 100% fraud that she has declared this debt as an indefinite hold. Should she provide robinson way with proof of residence and a copy of her signature on official documentation or should she cease all future contact with Robinson Way and let the police deal with it?

Link to post
Share on other sites

NO! Robbersway are deluded, this is a Police matter, if they continue to attempt to frustrate the legal process and the Police investigation you should report them to the Police.

 

Robbersway are NO longer involved, tell them to take a hike and if they fail to stop harassing you you will report them to the police for attempting to pervert the course of justice. Who on earth do these fools think they are??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

You are under no moral or legal obligation

to prove or disprove anything to these morons.

As BOO says it could be construed as perverting

the course of justice, so report them.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

[quote=BRIGADIER2JCS;3570421As BOO says it could be construed as perverting

the course of justice, so report them.

 

That was just a good guess, I just wanted to shout at somebody......I should have rung SRJ!!:mad2:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

The good news is she has emailed Robinson Way and informed them that she will not be providing them with her signature. She has also informed them that she has classed this debt on indefinite hold as it's a police matter and should they continue to send her threatening letters again, she will report them to the police for harassment, perjury and attempting to prevert the course of Justice, So far robinson way have not replied back. We will keep you informed.

Link to post
Share on other sites

The good news is she has emailed Robinson Way and informed them that she will not be providing them with her signature. She has also informed them that she has classed this debt on indefinite hold as it's a police matter and should they continue to send her threatening letters again, she will report them to the police for harassment, perjury and attempting to prevert the course of Justice, So far robinson way have not replied back. We will keep you informed.

 

I agree that she has no obligation to provide them with a signature .... It is for them to prove the signature they have " is hers" , not for her to prove "it isn't hers". Be prepared for the DCA to spout off all sorts (especially by 'phone - why it is wise to record any calls, or deal in writing). However, is it helpful for you or your friend to (similarly) stretch the boundaries of legal credibility?. She might report them for harassment, but "perjury"? (have they given a false sworn statement?) and "attempting to pervert the course of justice" (again, how and where?).

Is it not better to concentrate on what they have done wrong, rather than threats you may find it hard to substantiate?.

Link to post
Share on other sites

Neither accusation would have merit

in any action, no court hearing has

been held so n perjury.

There is an investigation in progress

but as I read it there is at present no

cause for perverting the course of

justice, eg., lies in evidence to the

police.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Who really cares, they spout all sorts of legal jargon and inaccurate statements, so IMO give them a piece of their own medicine, I'd add treason on there as well....:madgrin:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...