Robinson Way County Court Claim Form - NO credit agreement

[bigegg]

statute barred is from the "limitations act" - basically the owner of a debt has six years to take you court from the last time you paid, or admitted the debt.

If you can go 6 years without paying, or without admitting the debt (in writing) then they can't take you to court.

There *are* some exceptions, such as if you changed your name and disappeared, but that's it in a nutshell.

[lisaclaim]

statute barred is from the "limitations act" - basically the owner of a debt has six years to take you court from the last time you paid, or admitted the debt.

If you can go 6 years without paying, or without admitting the debt (in writing) then they can't take you to court.

There *are* some exceptions, such as if you changed your name and disappeared, but that's it in a nutshell.

 

great thanks for the explanation... I will remember that one

[bigegg]

What is the date of the default notice as compared to the "remedy date"? (ie, when arrears had to be paid by?)

[lisaclaim]

As it's over 5000 you might want to seek legal advice. Some solicitors do this on a no win no fee basis.

 

Does anyone have any recommendations as when I google there is a big bit on beware !! sorry thanks

[ims21]

CAG does not recommend solicitors.

 

Maybe research some local firms in your area?

[lisaclaim]

What is the date of the default notice as compared to the "remedy date"? (ie, when arrears had to be paid by?)

 

The default notice is dated 27th February 1999 and on HFC headed paper

[lisaclaim]

CAG does not recommend solicitors.

 

Maybe research some local firms in your area?

 

Ok... many thanks I will do

[bigegg]

and what was date that arrears had to be paid by?

the rules on default notices give very specific time limts on when paymet has to be demanded by -

it's either *at least* 7 or *at least* 14 days (I can never remember which).

If they've demanded payment before this time limit has elapsed, the default notice isn't valid -

and it's (7 or 14) days from *receipt*

This is taken as two days after the date of the letter (in the absence of

the postmark - I'm assuming you don't have the envelope still), which

many default notices fall foul of.

[lisaclaim]

and what was date that arrears had to be paid by?

the rules on default notices give very specific time limts on when paymet has to be demanded by -

it's either *at least* 7 or *at least* 14 days (I can never remember which).

If they've demanded payment before this time limit has elapsed, the default notice isn't valid -

and it's (7 or 14) days from *receipt*

This is taken as two days after the date of the letter (in the absence of

the postmark - I'm assuming you don't have the envelope still), which

many default notices fall foul of.

 

payment of arrears by 11/03/99

 

sorry do not have the envelope

[drop47]

Sorry i was not recommending just giving an example.

CAG does not recommend solicitors.

 

Maybe research some local firms in your area?

[drop47]

Just checked. It was 2006 that it changed from 7 to 14 days. So it looks like a good one. That's a shame

[drop47]

Sorry Lisa what do you mean by a big bit on beware?

Does anyone have any recommendations as when I google there is a big bit on beware !! sorry thanks

[lisaclaim]

Just checked. It was 2006 that it changed from 7 to 14 days. So it looks like a good one. That's a shame

 

 

OK... does that have any impact on me and this claim ?

[drop47]

No direct impact no. If it had been bad it would have helped but not a problem. Could someone flag this for Andy to come and have a look at. As for the solicitors make sure it is one that specializes in consumer credit law. You may well be able to win without but i wouldn't want you to come a cropper

[lisaclaim]

No direct impact no. If it had been bad it would have helped but not a problem. Could someone flag this for Andy to come and have a look at. As for the solicitors make sure it is one that specializes in consumer credit law. You may well be able to win without but i wouldn't want you to come a cropper

 

Great thanks again... I have sent enquiry forms to two that specialist in consumer credit law and hopefully they will ring me tomorrow so I can brief them and see what their response is.

 

Thank you for the concern it is much appreciate. I feel CAG as a family and whenever I have had a problem and posted on here the 'family' has always repsonded and helped.

 

I will be back on tomorrow night to hopefully add some more news when they have rung me. I am going to look at the two links I got earlier in this post as well... so good night for now and thanks again everyone. See you tomorrow x

[Noshovel]

Subbing - good luck I have similar POC with RW

[lisaclaim]

Don't panic

 

You have 33 days from date on claim now you have acknowledged.

 

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

 

and here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrassed-Defences-and-the-problems-with-them.

 

 

Hello... I had a look at the first link so based on that should I send via recorded delivery a 'CPR 31.14 Request' copied and pasted from http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

 

Sorry I could not access your second link as it says I do not have rights.

 

Is it right for me to send the 'CPR 31.14' and even though it is RW as the claimant it says all correspondance to go to Horwich Farrelly

 

Thanks

[lisaclaim]

Subbing - good luck I have similar POC with RW

 

 

Hiya... good look to you as well... where is your thread so I can keep a look at it

[Dotty50]

Hi lisaclaim

 

Send your CPR31.14 to the claimant and also send them a CCA request.

 

Did you receive a letter before action?

 

Did you receive any letter from HFC advising that the debt had been assigned to RW?

[lisaclaim]

Hi lisaclaim

 

Send your CPR31.14 to the claimant and also send them a CCA request.

 

Did you receive a letter before action?

 

Did you receive any letter from HFC advising that the debt had been assigned to RW?

 

 

Hi, I had already sent a CCA request in 2009 / 2010, please see earlier posts with images. Would I have to send them another one with this.

 

I have received loads of letters threatening action over the years I am sure I received an assignment letter as it went from HFS to London Scottish to RW then correspondance with their solicitors

 

Hope that helps

[Dotty50]

I can't see any images in any previous posts lisa, perhaps they were removed by the site team if you had left personal info on them?

 

You are assuming this claim is for the HFC debt but you need to clarify this by asking for a copy of the 'credit agreement' they refer to in the POC, if they can't/won't produce it how can you defend it?

 

Threatening letters from years ago are not relevant now, they should comply with pre-court action protocol prior to issuing a claim!

[lisaclaim]

Hi... Sorry didnt mean images but if u look at my first post it details my CCA request in 2010 and RW response. Like i said i did the CCA in 2010 do i have to do this again. Thanks in advance

[lisaclaim]

Hi... Another question. Is it law that i should receive an annual statement. Thanks

[AndyOrch]

Hi... Another question. Is it law that i should receive an annual statement. Thanks

 

 

Yes and an annual notice of arrears otherwise they are unable to charge interest.

 

Regards

 

Andy

[lisaclaim]

Never got a statement but have kept getting letters reducing the balance and telling me i am in arrears but not really annually !