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    • Standing order, payment via a debit card to online account ?  If you are making payment from your end, it is you authorising and not them having your bank details.            
    • You are the OP of this thread. As I said, I doubt the OP of the original question is following this as she has more important things to worry about.   I'll ask you this:   1. have you ever been in a Magistrates' Court when a Statutory Declaration to set aside a motoring conviction was made?   2. If so did you ever see the maker quizzed or questioned  to test their honesty in connection with the SD?   3. Have you ever seen such a Declaration rejected for want of truthfulness (rather than a procedural or administrative error or mistake)?   My answers to the above would be as follows:   1. Yes on, I would estimate, at least two hundred occasions (six or seven on one day last week alone). It may be more, I've never kept a proper count.   2. No, never.   3. No, never.   Now it could be of course that I have been particularly fortuitous and that all the makers of those SDs were paragons of virtue and/or that all the Magistrates concerned were exceedingly gullible and believed everything they were told without question. On the other hand it could be that during their training the Magistrates were instructed that when hearing an SD they were simply witnessing that it had been made before them and that they were not testing its truth. I imagine they were either shown or have probably seen since a copy of this form which is completed before making an SD:   https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2014/crim-pr-form-part37-statutory-declaration-revised-feb-2014.pdf   In the "Notes for Guidance" is this:   "Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (e.g. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates’ Courts). The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury."    The bold type is my emphasis so I think I know which of my two scenarios above is more likely. I hope this wasn't too rude or arrogant for you and  I'll leave it at that now. But I will ask you (politely) once again to please stop providing misleading information to people who have enough to worry about. It confuses them, others have to correct it and it leads to unnecessary stress for the posters.
    • Thank you for your help, just to clarify please. In the CPR 31:14  request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim'    Thank you again
    • As its council tax, they have no right of entry, so don't let them in, and they cannot force entry nor  climb through windows, but cn walk through unlocked door  They have no right to snoop into your bank accounts, and would be in serious trouble if they did.  I'm sure others will be along soon with further advice/suggestions.  Did you apply for Council tax Relief, if not do so NOW, and get your local council member involved pronto as in now.
    • Sorry its so complicated right now.... totally temporary but totally complicated.  I just dont want bailuffs knocking in the interim, thats my main concern. The standing order is going out still to Lowell,  what was happening was other things were going out the same date and that was leaving not enough money in the bank to pay lowells SO.....hence it looked like Id just stopped paying, hence CCJ. It went out last month and again this month though.
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Moomoo1212

Robbersway PAP letter - RE:barclaycard debt - Statute Barred?

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Hi Moo,

 

Send new CCA request to H Cohen now.

 

As the Statute Barred date gets closer, you should use everything you can to delay action that HC can take.

 

:-)


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Hi slick. Thanx.. will do

 

Do you have Anymore delaying tactics just in case this doesn’t work?

 

Im thinking to send Cca h Cohen but get robinson working too since they just me that letter about the 2012 payment. Thinking to send them statute barred letter I found on here asking them to provide explicit evidence of that payment.

 

Good idea or not?

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But it's not SB'd until 6 years after the date of last payment !

 

:-)


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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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Yes I know slick. Was just thinking to ask them to provide proof of that payment as some of the statute barred letters on here state..

 

Just tie them up a bit and keep them busy with a delaying tactic

 

Something like this....

 

Please provide proof of the alleged payment under section 5 of the limitations act

Please be aware Consumer credit source book states a firm must not ignore ore disregard a customers claim that a debt has been settled or disputed and must not continue to make demands without providing clear justification/ evidence as to why the customers claim is not valid

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no do as slick said.

 

ideally a CCA request should goto the owner as a sols is not a creditor..

so they'll either have to bounce it or fwd it on.

 

pers what I would do is follow our pap letter guidance and do as post 6 says on that thread


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Sorry. What is pap letter guidance and where do I find it. Can you link it please

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urm that's funny all links and upload in this whole thread have vanished...

I've put you CCA return back up in post 10

 

and here is the earlier link on what to do if you get a PAP letter

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

see post 6


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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Thanx dx.

I had a look.

 

It’s similar to the original cca request I sent two years ago after receiving the first court threat.

 

It was was drafted by an excellent person known as [removed] .

 

It contained all the info you have listed in your pap post.

But they did not respond to all of it.

 

I got Just incomplete statements and the signed agreement.

 

As I recall [removed] said if they do not respond to all points I can apply for a STAY if they commence proceedings

 

Some further info iv managed to find

 

Default sent on 5 may 2010

Default registered jam 2011

Final payment made March 2012

Debt passed on by Bc on April 2013

Edited by dx100uk
website advert removed - dx

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please don't rely upon Freemen of the land twaddle!!

 

you need to do as post 6 say in that thread.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ha I know know. I don’t. Did it bcos I found it funny.

But like I said there was some excellent knowledgeable people there too who did things properly....along with nutters

The letter I sent was exactly the post 6 you have made..

But I will follow your advice. Thankyou

Edited by Moomoo1212

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you do the PAP form in the attachment of post 6 AS WELL.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Will do dx thanx

 

Do I do a cca request and add to to it all the points you have made on post 6 on the same letter??

 

Its ok. Ignore this post. I see where to put it

 

Cheers

 

Hi slick

You mentioned some delaying tactics. Can you possibly give some examples please. Cheers

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what date was the payment in march?

 

ps seen it now, they say 9/3/12


IMO

:-):rant:

 

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what date is on their PAP letter


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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There first pap was over two years ago

 

Latest one is dated 16/11/17. I replied saying it statute barred. They passed that on to robinson who replied with the 9 March 2012 payment letter. Few days ago

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pap didn't exist 2 yrs ago!

 

so they have you in their clutches

nothing to stop them issuing a claimform tomorrow then.

 

id do as post 6 in that thread TODAY.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Well not a pap. Just court threat possibly. I replied with the pre action protocol letter similar to the one in your post

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that old worthless letter tennis invitation.

 

not worth the bother.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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ive hidden post 44

we don't want the FMOTL twaddle being used here

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Haha ok...i will be sending off yours tomorow...

 

haven't you already responded to their most recent PAP one that they refer to in their recent letter you posted up?


IMO

:-):rant:

 

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Ok dx

 

Hi Ford. Yes I responded with statute barred. But they are disputing that. Now I am responding with what DX has advised

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what date is on their PAP letter

thats what was getting at. letter (30 days) v last payment.

presuming a pap letter doesn't now stop the clock?

:)


IMO

:-):rant:

 

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Not sure I understand Ford... are you saying not to send pap letter

 

Ford. Are you saying a pap letter can stop the statute barred clock?? Please clarify

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