Robinson Way Court Claim and Application for Summary Judgment

[alan7181]

I subscribe to Noddle a free credit score and report checking service. I can see that Robinson Way accessed my credit file in November. It is about a debt I had with egg about 9 years ago although I continued to pay £5 a month until 2011 so not statue barred. I had just managed to get a good score as the previous default occurred so long ago. They have started legal action again which means that a debt taken out in 2004 which defaulted around 2006 will be shown on my credit file for another 6 years if they are successful with the legal case. So all in all 12 years of no credit for me at sensible rates. This cannot be what the government intended with CCA legislation. Also can Robinson Way access my credit file without my consent ?

[fkofilee]

They are permitted to access it within the realms of their CCA license

[citizenB]

What do you mean... "They have started legal action again " ?

 

Has a claim already been issued on this debt and what was the outcome ?

[Bazooka Boo]

Confusing?

 

They cannot 'add' another default marker on your file, if it has already dropped off due to its age.

 

The default marker is nearly always reported on your file by the OC, and only reflects the DCA's name when they chase it or own it.

[alan7181]

I assume they accessed my file to see if it was worth taking legal action. As my credit file now looks good they have issued legal proceedings. They are currently seeking a Summary Judgement as the defence I submitted did not give a sufficient defence. I was struggling to find a defence as I did borrow the money and was unable to apy it back (and still am).

[alan7181]

I would like to know who can access your credit file without your consent. Can I find my neighbours credit score ? Can I discover what loans my brother has taken out ? I thought you had to give consent before anyone could access your credit file e.g. when you apply for a loan you have to give consent.

[Bazooka Boo]

They don't need your permission to access your CRF as the permission will have been granted on the sale of the debt too them.

 

If you have been issued with a summons then you need to act, when did you receive it? what are the POC? what defence did you submit before in order for them to issue proceedings against you?

 

Have you acknowledged the claim yet?

[alan7181]

Sorry I cant find the original claim form but here is my defence as submitted.I"t is denied that Mr................ entered into an agreement and

borrowed money from egg on or about Jannuary 16 2004.

Egg is not a company or a legal entity.

It is denied that any agreement exists to transfer the benefit of

any such agreement to Arrow Global Ltd.

It is denied that £5000 is now due to Arrow Global Ltd from Mr A

Naylor.

Any such agreement would in any case be now over 11 years old and

time barred.

[alan7181]

I think I should add that they since sent a comprehensive set of documents including the assignments, the account statements showing my recent £5 per month payments etc. I don't seem to have the full original loan agreement only a copy of the first page with my signature. I don't have the full terms and conditions which state that the loan can be transferred.

[AndyOrch]

Thread moved to the correct forum

[Bazooka Boo]

This is hurting my head....

 

OK we've established that they can search and look at your CRF without your permission, which is what you originally asked.

 

Now you're saying they have issued a claim against you, you've responded and denied any liability and that, amongst other things, it's time barred.

 

But in the next sentence say they have sent you a comprehensive set of documents, and showing your £5 a month payments?

Including a signed copy of your CCA?

 

But you still deny liability?

 

If you didn't have any agreement with them, nor signed any agreement, then you should speak too the Police and report ID theft.

 

OR, you did have an agreement with them?

Most, if not ALL agreements, will state that they are entitled to pass or sell on the account to a third party for collection.

 

I'm struggling to see what your intent is with this?

[AndyOrch]

Thread moved again in view of the application for Summary Judgment....Financial Legal Issues.

 

Andy

[citizenB]

Sorry I cant find the original claim form but here is my defence as submitted.I"t is denied that Mr................ entered into an agreement and

borrowed money from egg on or about Jannuary 16 2004.

Egg is not a company or a legal entity.

It is denied that any agreement exists to transfer the benefit of

any such agreement to Arrow Global Ltd.

It is denied that £5000 is now due to Arrow Global Ltd from Mr A

Naylor.

Any such agreement would in any case be now over 11 years old and

time barred.

 

 

You are going to have to let us know what has gone on with this account in order for us to advise correctly.

 

 

You say that the debt is time barred - this can only be so if you have made no payments or acknowledged liability for 6 years (plus a couple of months) from the last payment.

 

 

According to you, you have been making payments up to 2011 ?

 

 

Have a read of the link below and let us have the information requested - we can then move forward.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

If they have applied for summary judgment then they believe they have a darn good bet on winning their claim.

[alan7181]

In 2004 I took out credit card with egg. In 2006 I agreed a payment plan with egg of £5 per month which I paid until 2011. In November 2014 Robinson Way accessed my credit file. I thought permission to access a credit file once granted only lasted for a fixed time say 6 years then had to be re-applied for. I know RBS once asked me for permission to renew even though I had given it once.

They then issued legal proceedings in Nov 2015. I sent the defence already shown in this thread. They have now issued a request for summary judgement. they have sent a comprehensive set of documents including the assignments, the account statements showing my recent £5 per month payments etc. I don't seem to have the full original loan agreement only a copy of the first page with my signature. I don't have the full terms and conditions which state that the loan can be transferred. Can they still get a summary judgement without the loan agreement terms and condition showing it to be assignable.

[citizenB]

Once the debt was sold/ assigned, then the New owner of the account would have the right to access your credit files. I wouldn't think there is a fixed time for creditors being able to access your account - it will likely be reasonable to assume that whilst you owe them money - they can check your files.

 

 

If you were making payments up until 2011 - then the debt is NOT statute barred.

 

 

Based on the defence you posted up - I can see why they have applied for Summary Judgment - this is because they consider that you don't actually have a defence - if you believe you do, then you need to submit a witness statement disputing their SJ at least 7 days (I think) before the hearing is to take place.

[alan7181]

What about the lack of the original loan agreement terms and conditions. Is this a defence ?

[alan7181]

I have to say that I think your comment about them being able to access your credit file anytime they owe you money sounds wrong. Anyone else know if this is correct.

[Guest]

to avoid summary, need to show 'triable' issues/'reasonable grounds/prospect' etc. as per CPR part 24 and associated PD.

seems it is not likely to be barred.

maybe then re execution (validity) of the agreement, with regard to the then s127 (3)(4) Con Credit Act?

service of a compliant default notice?

anything else

[alan7181]

"maybe then re execution (validity) of the agreement, with regard to the then s127 (3)(4) Con Credit Act?

service of a compliant default notice?

anything else"

 

 

I take it you are saying they should have issued a default notice and it should be included in the court papers. I have checked all the papers they have sent and there doesn't appear to be a Default Notice. is that what you are saying ?

[Guest]

"maybe then re execution (validity) of the agreement, with regard to the then s127 (3)(4) Con Credit Act?

service of a compliant default notice?

anything else"

 

 

I take it you are saying they should have issued a default notice and it should be included in the court papers. I have checked all the papers they have sent and there doesn't appear to be a Default Notice. is that what you are saying ?

a def notice at the time of default from the original creditor is usually required if it was re s87...

the full claim details are needed though to help fully.

[martin2006]

Alan, its established that this debt is not SB'd, that kills that side of your defence.

 

Robinson Way can access your credit file if its been assigned to them.

 

Every £5 payment you made up to 2011, restarted the 6 year clock, had you continued paying it would still be another 6 years.

 

The bottom line is that because you have been making payments, you have acknowledged that the debt exists, otherwise why would you have been paying it?

 

The defence you have submitted will be blown out of the water and this is why they have applied for summary judgement, which they will get.

 

Game over for you on this one i think, at least for the next 6 years while the ccj is on your file, unless you have any other defence.

 

I really cant see there is anything else you can do other than accept that you will have a ccj.

 

The outcome may have been different had you posted when you received the summons where help and advice could have taken you down a different route.

[Guest]

fair point. they made the application re the defence already submitted.

things not mentioned in a defence (which therefore may not be considered. up to the J) may need to be sneaked in...

depends on the circs.

[alan7181]

Found the claim form it states

"the claimant claims payment of the overdue balance due from the defendant (s) under a contract between the defendant(s) and Egg dated on or around Jan 16 2004 and assigned to the claimant on feb 28 2013.

Particulars a/c no .............(I have blanked this out but it is shown on claim form)

Date 3/8/2013 Default Balance value £5000 Post Refrl Cr Nil

TOTAL 5000.00"

 

 

That is all that is stated on Claim Form. The full application for summary judgement is around 50 pages and would be difficult to upload to this forum.

[alan7181]

I don't understand why my defence that without the full terms and conditions of the loan it is not possiblke to prove that the loan could be assigned is a non starter. My defence states that it is not proven that the debt has ben legally assigned. Where have they shown that the assignment is valid. ?

[Bazooka Boo]

If you want sight of that document then you should/could send a SAR OR, CPR 31.14 (I think?) to view what documents they have to rely on in court to win and get a CCJ against you.

 

However, I think your time would be better spent going over your income and expenditure, making a copy for the DJ, so you can make a realistic offer of payment on the day, instead of being told what you will pay each week/month.

 

It is more than likely that the OC sent you all of those docs prior to the sale of the account.