Could any of the site team (or experienced site membes) give me any guidance on the above defence .
I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time
Many thanks in advance x
Sorry but sounds like early days if CWD and lately IDR. Been dealing with this since 2009 and still going on as well as those crazy collection agency’s in Dubai also still emailing to this day.
I set up a special email account where I have everything from CWD, IDR and all others so it’s all in one place and the laws that have been broken.
Upon discussions also with R. Sterling at detained in Dubai its also been helpful.
Currently with the FO with my complaints against the attempted collection of debt in the UK when it has not been passed through the correct channels regardless of what is in the T&C.
Personally I would not pay any ting until as people know that debt has been passed through the correct manner of courts in the UAE or indeed purchased by a UK company which then I will be happy to defend given the laws here and whT I have available.
Make sure to ask for everything when the time come all statements, extra charges terms at the time of supposed signing etc !
Listen to the team also
I'm sorry the CAB have given me some terrible advice in the past, and some others on here. Please do as Andyorch says above. do not use Moriaty's forms. Do not fill in ANY income and Expenditure for Moriarty. They have no more right ot demand that from you than I do.
Its already statute barred in my book...the Statute of limitations is quite clear...its just that the Judge in this recent case with PRA is trying to move the goal posts for his DCA chums by stating the period of limitation begins when the creditor issues a default notice and the 14 days have elapsed...that is what he classes as the cause of action...not the fact that creditor have failed to serve a DN in over 8 years..decides to serve one now which in effect makes the statute barred limitation period since last payment 14 years.
The Limitations states that the period of six years starts with no payment or acknowledgment within 6 years from when the cause of action accrues ...accrues being the operative word...the Act does not state accrues starts from the issuance of the defect notice, .....it as always been the cause of accrues from the last missed contractual payment...thats what determines the cause of action.
But the CCA1974 states that a creditor is not entitled to enforce an agreement until a valid default notice is served...so this Judge in his wisdom has tried to fuse the two acts together...which is obviously nonsense.. he has not allowed for creditors who serve the notice late or not at all.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!