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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Bluetonic123

Resolvecall / Robinson Way & very old CCJ & home visit to old address

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I got into a massive pickle with debt between 2005 and 2010. This was loans, overdrafts and payday loans. I have since had refunds from some of the payday loan companies and now have good credit rating.

 

I have credit card and a loan which I am up to date with and am hoping to get a mortgage in 2-3 years but an old debt has come to bite me in the bum and I would like some advice. 

 

I had a CCJ relating to a student overdraft in around 2008. I buried my head in the sand and moved a lot and never paid it (I know it was wrong) and it has now dropped off my credit file.

 

I had a couple of letters from Robinson Way for a debt which I assumed was statute barred but thinking about it could be the old CCJ. I moved house a couple of months ago and these went to my old address. I know the tenant that moved into my old address and have been told that some credit agency came looking for me. They didn't leave a letter or say who they were from but I did get one from ResolveCall acting for Robinson Way threatening this (I only saw this a couple of days ago as I collected some post) so I assume it was them.

 

I was wondering if anyone could advise me on whether or not old CCJs are enforceable. If this was the original creditor I would be happy to come to an arrangement. However I am loath to pay these bottom-feeders if I don't have to. Obviously it is deeply unfair of me to just leave it as I don;t want them harassing the new tenant or the landlord so leaving it is not an option and I will pay them rather than subject them to DCAs calling.

 

I would be very grateful if anyone could tell me if very old CCJs are enforceable and point me in the direction of template letters. I will communicate with them via email as they can't claim not to have received things should this go any further.

 

As I said above, I have worked hard to repair my credit rating and would hate this to destroy it again so if my only option is to pay  I will. 

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An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies. However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

Andy


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Resolve call are powerless and are not BAILIFFS

why not simply send them a letter giving your correct address

Dx


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@dx100uk I will do but wanted to know where I stood first. They might not have legal powers but they do have the power to make me feel uncomfortable and harass me which I don't want

 

.@Andyorch Thank you for that. I am about 80% sure it is the CCJ but not 100%. I was considering sending them either the statute barred or prove it letter. Any thoughts on which would be better? I imagine that they paid pennies for the debt so part of me is considering offering them 20% to go away. Do you think this is a good idea?

 

Thank you for replying I am quite worried. 

Edited by Bluetonic123

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cant be sb'd if you have a ccj.

 

tough luck on being harassed

that's all a dca can do anyway.

 

just send robbersway a simple letter saying I now live here.

 

 


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

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Personally I would ignore them ...they have few hurdles to cross before they can do anything with the judgment...which costs....but yes you need to update your address with them and retain proof of notification.


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Thanks @Andyorch I will update my address but I would like to stop them coming here if possible but I guess that's not! I now have to decide whether or not it is worth paying them to go away. 

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Well thats up to you and your choice.....I personally would file all the letters together....anyone at the door would be ignored or told to go away and sit back until the court informed me they had made a fresh application to request permission and the court informed if they had allowed it.


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