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    • god they've got at you haven't they. told you all the usual utter BS. a CCJ vanishes from your credit file on it's 6th B'Day regardless to being paid off or not or paying or not. same with any debt with a registered defaulted date - it vanishes from your file on the DN's 6th B'day regardless. creditfix are Knightsbridge, (they renamed) there are 100's of threads here on Knightsbridge, if i remember rightly 2 of the directors of a certain very big IVA provider were struck off for embezzling £1m's out of debtors. pers i'd stop paying now.  end of . just ignore them all. 99% of your debts are to utterly powerless DCA's and probably were never owed in the first place only goes to firm up my belief from post one..you got had blind. its very easy to deal with the debts even those with CCJ's. can you copy and paste what you credit file says regarding the IVA please?   
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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Robinson Way Ltd - Summons Received credit card with Sainsburys


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Help/advice required please.

 

Some years ago, i had a credit card with Sainsburys which fell into arrears and a notice of default was served.

 

I then received notification of the transfer to Robinson way who took an aggressive approach.

 

In september 2007 I wrote, asking for a copy of the credit agreement, enclosing my £1.00 payment

and 14 days later received a reply stating that this could not be traced and returning my £1.00

 

In 2008 I received a number of harrassing and threatening calls at my place of work which stopped when I referred the matter to trading standards.

 

On the 1st of July 2012,

 

I received a copy of a document which alleges to be my credit agreement (which i had been advised in 2007 could not be found)

and one week later a summons, via the Northampton County Court, in respect of the alleged debt (now over £7k with interest and costs).

 

How should i deal with this matter?

Does the failure to provide a CCA within the required time make the debt unenforceable and what steps should i take re the summons?

 

thank you for reading this, hopefully you can help.

Regards

Edited by citizenB
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Hi

 

When was the last time you made a payment to the account or acknowledged the debt in writing?

 

I'll move you to Legal Issues in view of the fact that court papers have been issued

 

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Oh so not Statutory Barred then.

 

Have you got the statements of account and are there any unlawful charges that you can claim back?

 

Who is the claimant on the court forms?

 

The legal guys will be along to help as soon as they are available.

 

ims

 

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http://www.consumeractiongroup.co.uk/forum/showthread.php?358374-Advice-Please-Robinson-Way-Court-Papers-Received

 

This is the 2nd one of these I have seen today.

 

Can you please let us know the date of issue of the claim - top right hand side of the form.

 

Can you also please let us know exactly what the Particulars of Claim say... The reason they are issuing the claim.

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Thank you all...

 

Claimant : Robinson Way Limited (Assignees of Sainsburys) R/O London Scottish House, Quays Reach, Carolina Way, Salford M50 2ZY.

 

The issue date is 6th July 2012

 

Full Particulars of claim :

 

The claimant is the assignee of a debt(s).

Notice of assignment was provided to the defendant by the claimant in writing .

Despite demand for payment the assigned debt remains due.

The claimant complied with section 111 and 1V and annex B of and the claimant claims

(1) the sum of xxx interest pursuant to S69 of the county court act 1984 at the rate of 8.00% from 18/8/07

to date hereof 1769 days is the sum of xxx future interest accruing at the daily rate of xxx costs.

 

 

I hope this helps.

Incidentally, i do not agree the sum claimed when comparing to the statements produced, albeit by £5.00.

 

 

Thanks for your help.

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Right, in their PoC they claim to have complied with III and IV of Annexe B of the Pre action protocol. Link below to that section - have they complied ?

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#IDAIRB2

 

Their claim is very vague and you might get away with asking them to replead their claim.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Your time frame is as follows :

 

Issue dated 06.07.2012 + 5 for receipt = 11.07.2012 + 14 to acknowledge service = 25.07.2012 + 14 to submit defence if you are going to defend = 08.08.2012

 

Only you can decide if you want to defend the claim. What reason would you be defending on.

 

Have you received a Default Notice - did it give you the mandatory time set out by Parliament to remedy the breach .. a minimum of 14 days and was sufficient time allowed for posting to you.

 

eg.. they cant date a Default Notice 1st June and say it needs to be paid by the 14th.

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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legal issues-compilation.pdf

 

Some information in pdf attached.

 

Thing is, they havent mentioned documents in the PoC so I think there is little you can ask for by way of CPR31.14.

 

I will send S.O.S out for you.

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4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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thank you.

Given that i asked for a copy pf the credit agreement and then received a letter stating it couldnt be found, can i defend on the basis that the document now produced is out of time?...this in addition to any other defence you suggest.

 

Sadly no, there are no sanctions now for not complying within the 12 + 2 days. It used to be that they were committing a criminal offence by not doing so. But when Parliament tinkered around with regulations, the dropped that. Not that any creditor was every taken to task for not complying previously.. the reason presumably was because so many of them have either destroyed or lost the original documents.

 

This is very unfair on the consumer because the CCA1974 was put in place to protect the consumer.. and it has been proved time and time again that quite a few agreements were just not fit for purpose.

 

So.. all you can do is try to find as much fault with the agreement / document that you have. If the prescribed terms arent present or it was never signed or if it is a reconstruction that simply could not be anywhere near what was signed, for instance.

 

If you didnt receive a default notice or if that was drastically faulty then that puts a stop on any further action.

 

The devil is in the detail.

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Citizen B

no, they have not complied with this.

How should I plead this matter?

Thanks

 

 

I am rustling up some assistance for you. It is likely that the person I am stalking on your behalf might not be able to visit your thread until tomorrow.

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Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, in the absence of a fully pleaded claim, you have no option but to force them to replead and provide some information for you.

 

If it were me, I would be submitting something along the lines of..

 

 

 

The Defendant takes issue with the Claimants pleadings. The Claim is a Bulk Centre claim, however, the rules on pleading apply even to the Bulk Centre and furthermore the Bulk Centre rules and guidelines state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim. The Claimants pleadings amount to circa 472 characters, leaving at least 552 characters available for the Claimant to plead adequately. The Defendant is embarrassed by the Claim, which faces him.

 

I am advised that the Pre Action Protocol Practice Direction requires a party to serve a letter of claim which allows the proposed Defendant sufficient information to answer the letter of claim. This has not happened.

 

No document supporting the Claimants case or statement of account showing how the Claimant has arrived at the sum being claimed has been provided.

 

Therefore, it is denied that any liability is owed to the Claimant.

 

HTH

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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chronology

27 March 07 last payment made £5.00 to robinson way acting on behalf of sainsburys

26 April 07 Sainsburys write to say considering selling debt

24 July 07 Robinson way write to say debt purchaed

4 Sept 07 wrote requesting CCA

12 Sept Robinson way acknwledge receipt of payment made on 27th March 07. This reduces balance to level in claim.

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If the last payment made was March 2007 is just over 5 years. I dont suppose you are in Scotland are you ?

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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no, I live in England.

 

Hmph.. statute barred is only 5 years in Scotland.. pity :)

 

The only thing I can suggest you do, if you intend to defend the claim is to use the defence popped up in post 17.

 

Force them to replead their case an provided you with documentary evidence of their claim.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

thank you...the following now received from Horwich Farrelly...

 

we confirm the Practice Direction 7C- Production Centre sets out the Code of Practise for using the Bulk Centre.

You are incorrect that a claimant cannot use the Bulk centre. Paragraph 1.4 (4) states "The requirement in paragraph 7.3 of Practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims issued by the centre...."

We note however you are aware that this claim relates to a credit card number...provided to you by Sainsbury's. The balance of £.... was assigned to our client on 14th November 2007.

 

We enclose herewith :-

1. signed sainsbury's bank classic visa credit card agreement regulated by the consumer credit act 1974 between yourseves and sainsbury's bank.

2. statements of account until 14 August 2007 stating the balance was £(£10 less than the sum claimed).

 

We therefore look forward to hearing from you with your admission of the claim. We enclose form N9A for your completion and return. This will avoid incurring further legal feeswhich, if successful, our client will be looking to recover from you.

 

Thoughts as to how to respond anyone? Thank you.

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  • 2 months later...

update..

 

..the northampton court suggested mediation.

 

I indicated i was willing for a mediation hearing and advised sols for the claimant.

 

I heard nothing.

 

I also sent details of my debts to the claimaints solicitors...heard nothing.

 

The Northampton court then indicated they were transferring the matter to my local court..

 

Ive now received a leter from the new court saying that they have reviewed the papers.

..they dont believe there is a defence,

and that they have given the claimant judgment.

 

Help please..

.what do i do now?

Thanks

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