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Iansdebt

Appealing a decision - Lloyds TSB/Robinson Way debt

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Hello all

 

This is my first post after signing up yesterday and hope someone can guide me in the right direction.

 

I'm seeking advice on whether there is a piece of law that I can use in appealing a court decision that went against me in relation to a debt from 2004. To give you some background:

 

 

On 22nd August I attended a hearing at Nottingham county court involving a personal debt claim made by Robinson Way, who expect many of you are aware of from reading the threads on here. This was concerning my bank overdraft debt with Lloyds Bank from 2004, which Robinson Way took ownership of on 9th March 2008. The important facts of the case were that:

  • Robinson Way were claiming that I had payments towards the debt between 2005 and 2007
  • The payment evidence provided by Robinson Way was a page taken from Lloyds bank accounts system that stated next to each payment entry "Payment from Agency". No reference to my account, name, number or method of payment was shown on this page.
  • My defence was (and still is) that these payments were not made by myself. Therefore, under the Limitations Act 1980 the debt should be 'Statute Barred' as no payment or communication had been made within 6 years of Robinson Way raising the claim, which occurred in February 2012.

The outcome of this hearing was that the Judge ruled in favour of Robinson Way on the basis that that these payments could have been made by myself, a friend or family member and the judge deemed there was no reasonable doubt to suggest otherwise. My defence, although supposition was that these payments could well have been payments between the debt collection agencies who were managing the debt at the time. I did not have firm of evidence of these payments originating from the agency's and was supposition in my defence.

 

However, on further investigation following the case I have read about similar instances of debts involving Robinson Way and other DCA's where they have also claimed payments were made and are also termed as "Payment from Agency". From the instances I have read about it appears that in numerous cases these payments are in fact a Subject Access Request (SAR) or Consumer Credit Agreement request (CCA) made by the debt collection agencies, which both carry a fee for this request and often are deducted from the debt.

 

Where things stand now is I have less than a week to appeal to the court and would appreciate advice on what I can use in my appeal wording that adds some legal weight and what form to use. If there is something in the law for instance around companies having to prove who the payments were made from, which method was used and the payment details i.e card nbr, cheque nbr etc then that would provide good grounds for my appeal.

 

Many thanks in advance

 

Ian

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Hi Ian and a warm welcome to CAG.

 

Im not sure if you have researched appeals but heres the CPR which covers the process :- http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52

 

Regards

 

Andy


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Hi Andy

 

Just wanted to say thanks for replying to my message, even though its some time ago now.

 

I've lodged an appeal with the court using the N164 form and is being considered by a circuit judge. Should hear the outcome in the next week. Fingers crossed he rules in my favour and shows Robinson Way the finger, so to speak.

 

Kind regards

 

Ian

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Well done Ian

 

If you can update your thread if anything further transpires.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Hi Andy

 

The latest development in this saga is that I have now been asked by the court to submit a transcription of the judgement or hearing. They need this before they can make a decision on whether my appeal will be accepted or denied. The only issue is that there was no tape recording during the hearing as it was heard in a small claims court judges chamber and so the only transcript there would be is the judges notes from the hearing.

 

 

I've got until 12th October to submit the transcription to the court, but have received correspondance from Robinson Way's solicitors demanding the full payment by 29th September. This raises some serious questions, which I would appreciate anyone's help on:

  • What powers do Robinson Way have to recover the amount owed whilst my appeal is being considered? Can they claim my assets i.e car/home?
  • Is there action I can take to prevent Robinson Way from enforcing payment whilst the appeal is going through?
  • Does anyone know if there needs to be a tape recording or court recorder present during a hearing in a small claims court by law?
  • If I'm relying on the notes written during the hearing by the judge what is their to protect me from the judge altering her notes? Bear in mind that in my appeal I have stated that one of her statements in summing up is invalid in a court of law and so contesting her judgement
  • Should Lloyds Bank fail to respond to my SAR request within 40 days (already been 30 days) what actions can I take to ensure they comply with my request?

Any advice you could offer on any of the above points would be appreciated. I'm determined to stand my ground as best I can and not let Robinson Way get away with their unfounded claim against me. It makes me want to swear!

 

Many thanks

 

Ian

Edited by Iansdebt

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