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    • click sar just send it  no need to add anything bar their details   is this charge still showing on her deeds?    
    • i am not aware of any refunds being issued retrospectivity for years when you could have attained free road tax but simply didn't.   you will however gain a refund of any road tax already paid this year backdated to the start of the month you submit now. don't forget you will need the certificate of entitlement number when applying now and keep that certificate safe as you will need it each year.
    • thats quite interesting, as they are giving you a greater int rate before 1993, i am unaware of anything special about that date concerning statutory int , but it means more money for you, so i wouldn't worry yes the spreadsheet is correct.   it runs till the day they settle.   have they actually given a fixed figure for the 15% period, if so, add that the the 'current' spreadsheet result and that should equal what they should be refunding.... does it match?   dx  
    • I was recently given an upgrading of mobility to enhanced estrangement to pay.I was not aware of had indeed been informed that over the last 3 years I should have only paid 50 % of normal rft any chance of a refund of the overpaid duty  Cheers
    • great so everything sort of matches now a meter with no flat number and one not for your number.   now simply write to EON. i doubt your usage will be that dissimilar to a like flat so you might even get a credit balance   dx  
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Capital 1 Card & Robbersway


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The default notice allows for a remedy - for example 'If you don't pay up within X then we will do Y'

 

The CoA cannot therefore occur before the expiry of the period allowed in which to remedy the default and the option to enforce the Y part of the condition comes to pass

 

 

generally. if the dn is not remedied, then the breach mentioned in it (ie the cause) subsists as the cause from breach date (not the dn date).

IMO

:-):rant:

 

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Thanks for the replies guy’s,

 

I think I understand, but my point was that the default notice was issued, the period allowed for remedy expired and the account was registered as a default back in 2006.

 

Is the cause of action not begun then? they certainly threatened it enough.

 

Nosnibor

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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you say #19 that there was a payment in nov 08, so that def date 06 is n/a

what was the nature of that payment? a plan, revised agreement, or just a one off, or...?

IMO

:-):rant:

 

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Hi Ford

I was on a regular reduced payment plan,then I discovered CAG��last payment was 17th November 2008,

 

check the terms, if any, of that plan. but, as has been said on thread, is likely then to be the mth after the last payment ie when the next payment was due but not paid, in breach of the plan?

IMO

:-):rant:

 

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Thanks to all for the replies,

 

I was obviously misunderstanding the position; I will now hold fire until the end of January to be on the safe side.

 

Nosnibor :thumb:

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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  • 5 months later...

Old Cap One account, now owned by Hoist Portfolio been chased by Robinson Way.

 

Last payment November 2008 (100% certain)

 

Sent RW statute barred letter and as you can see from the attached reply it seems they have decided that the laws pertaining to statute barred debts are irrelevant!!

 

I’m sure this is grounds for a whole raft of complaints but would be grateful for some guidance.

 

Many thanks

Nosnibor

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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Typical response from them trying to bluff their way out of it. It doesnt matter where you got the template from. I would be reporting this to the FCA as soon as is possible. Robbers way have already been reprimanded a few times for misleading debtors.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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My god I want your time machine grab the lottery results for next week, Last payment 2018? Should that be 2008.

 

1: Template no foundation, They wish

2: Maybe a complaint to the FOS, ignorring your staue barred notice.

 

Sure others with more experience will be along to advise against these bottom feeders.

 

George

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report to FCA, Formal Complaint to RW which can be forwarded to FOS if refused

 

CONC 7.15 Statute barred debts

 

CONC 7.15.1

01/04/2014

FCA

 

A debt is statute barred where the prescribed period within which a claim in relation to the debt may be brought expires. In England, Wales and Northern Ireland, the limitation period is generally six years in relation to debt. In Scotland, the prescriptive period is five years in relation to debt.

 

[Note: annex B1 of DCG]

 

CONC 7.15.2

01/04/2014

FCA

 

In England, Wales and Northern Ireland, a statute barred debt still exists and is recoverable.

 

[Note: paragraph 3.15a and annex B3 of DCG]

 

CONC 7.15.3

01/04/2014

FCA

 

In Scotland, a statute barred debt ceases to exist and is no longer recoverable if1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and

(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period.

 

[Note: annex B3 of DCG]

 

 

CONC 7.15.4

01/04/2014

FCA

 

Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.

 

[Note: paragraph 3.15b of DCG]

 

CONC 7.15.5

01/04/2014

FCA

 

If the lender or owner has been in regular contact with the customer during the limitation period, the firm may continue to attempt to recover the debt.

[Note: paragraph 3.15b of DCG]

 

CONC 7.15.6

01/04/2014

FCA

 

A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.

 

[Note: paragraph 3.15b of DCG]

 

CONC 7.15.7

01/04/2014

FCA

 

It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.

 

[Note: paragraph 3.15b of DCG]

 

CONC 7.15.8

01/04/2014

FCA

 

A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.

 

[Note: paragraph 3.15b of DCG]

 

CONC 7.15.9

01/04/2014

FCA

 

A firm must identify for prospective purchasers of debts arising under credit agreements or consumer hire agreements or P2P agreements those debts which it knows or ought reasonably to know are statute barred, so as to avoid a firm taking inappropriate action against customers in relation to such debts.

 

[Note: paragraph 3.23c of DCG]

 

Complaints to the Financial Ombudsman Service and initiating legal proceedings

 

CONC 7.15.10

01/04/2014

FCA

 

A lender must not initiate legal proceedings in relation to a regulated credit agreement where the lender is aware that the customer has submitted a valid complaint or what appears to the firm may be a valid complaint relating to the agreement in question that is being considered by the Financial Ombudsman Service.

 

[Note: paragraph 7.9 (box) of ILG]

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Robbersway have managed to make me laugh!!!

 

Cheers, they truly are clowns.....

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!

 

 

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  • 1 month later...

Just updating and hopefully finally concluding this thread.

 

Following advice given made a formal complaint to RW and have now received the attached reply.

"THE CAG IS MY SHEPHERD I SHALL NOT PAY": :lol:

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goodo :)

but, no 50 quid comp'n for their 'mistake' and the inconvenience caused! :)

cheers for updating

IMO

:-):rant:

 

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