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Noshovel

Robinson Way - no default notice

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Robinson Way have issued a claim against me some time ago now the claim was stayed to allow time for the parties to reach agreement I made a without predudice offer which they did not accept. I've received notification from the court that the case is being transferred to my local court and I've now received notification that RW have appointed new solicitors dwf.

 

There are a number of issues but please correct me if I'm wrong but from my research I believe that their claim fails as there is no default notice.

 

Dwf's letter reads

 

Our client is still seeking the original default notice but evidence from C One (original creditor) is that the notice was served. It is possible that details are stored on a screen print so a physical copy was not included within your data subject request. In our opinion the debt is valid and recoverable...threats of mounting costs. And wanting to take a charge against my house.

 

Any advice or comments are appreciated

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Most DJ,s would accept evidence of service without the need of hard copy.So if it was accepted served then your defence falls down unless you have other points.Creditors are not required to keep physical copies and unless you have one then its difficult to prove its in valid.

 

Regards

 

Andy


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Thanks no I don't have it I only have the docs the original creditor supplied to me as a result of my subject access request. I guess I may be stuffed then. I did have an account with the original creditor which I understood to be written off due to my financial hardship in 2007. I don't disput that I held the account. Since I'm told that these days the judge will agree any old reconstituted paperwork. The only other things are barely legible agreement reconstituted statements. With some proportionally minor discrepancies, and some unreasonable charges.

 

These people have inflated the debt to more than double and are thretening more and more in costs. I don't have anything to pay them with, clearly they are after my home..

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" These people have inflated the debt to more than double and are threatening more and more in costs. I don't have anything to pay them with, clearly they are after my home.."

 

Then use that then to mitigate the debt.

 

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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Noshovel-take a look at my thread as I have successfully defended myself against RW twice on the lack of a DN-Cahoot & Cap One- including at full Trial. Hopefully you have also brought up the wrongly dated NoA when the phoenix company was created-prosser has a thread that picks up on this. Your situation appears very similar to mine in that RW latch on to the fact that you are a property owner and cling on like a limpet and will not accept any settlement offers. They wanted 50% on top of my alleged debt to avoid Trial and then lost and had to pay costs. It hasn't stopped them re-litigating,having the claim struck out for abuse and now appealing the decision. So if you're up for a battle it can be done. My DJ didn't care that the DN template provided was defective but he would not accept their word that it was sent as there was absolutely no evidence that it was-not surprising as they had omitted to send me the DN in the first place. So concentrate on whether they can prove it was sent-have they provided any evidence? Listen to Andy though as he's the expert and provides excellent advice and support.

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