so you both agree with the point that "Finally, if court action is started within that 6 year period, then the debt will not be statute barred"

can it they be any more feckless? Remember under Gordon Brown the FSA and OFT had specific instructions to practice "light touch" regulation because the economy was Labours weak point in peoples minds before 1997 and they didnt want to scare the sheep This fear allowed all manner of financial fraud under their watch

I had this with 1st credit at the same stage , they had to reply to my defense and the disclosure list of things i had requested and the judge agreed with in his draft order for directions i just left it to the court and every 3 months or so the judge just gave them another 3 months , went on for 2 or 3 years as they obviously had no evidence and never complied the judge eventually discontinued the claim i think it would be better to file some sort of unless order with the court so it doesnt drag on forever

Subbing

Most of my DCA letters are the long thin barcode not the small square Any way to read those? This could actualy be vital in my Case with lots of reconstructed documents

....anyone?

Can someone clear up this reconstruction issue ? It was my understanding that it was ok for CCA requests but for court action they would still need a true copy... Also , if they have sent you 3 different templates of a DN then how can this prove service of a valid DN Finaly not to go off topic but Im in court with a DCA that has also sent me 3 reconstructions of the Notice of Assignment , all are bogus and were never sent at that time as I have the original letter sent to me on that day and it was just another threatogram

Great news My case still dragging on too but I hope you file for costs as I will, it's the only way to stop the most vexatious of these **** Spamming the Northampton bulk centre with no valid paperwork / evidence whatsoever

Not to complicate things further but am I right in saying that if a DCA starts a court claim against you .... Let's say 4 years after your last payment then until the case is decided the Debt cannot become statute barred even if the Case took 10 years to reach a final verdict ?

on another perspective ive heard that in dubai you can opt to do time in an open prison for a few months and all your debts are wiped might be an alternative to the 6 years of financial wilderness for a single default in this country

yup , HF / Robbers way are defo **** no1 at the mo , making 1st credit look like angels

MAKE SURE YOU KEEP EVERY LETTER they will never stop as they dont think they need any evidence just what the evidence "would have looked like at the time" if you point out to them the wrong dates etc, they go and brew up a fresh batch of fraudulent documents ive also pointed out to them the fact that they arent even the same company but have edited templates to make it look like they are im going through a vexatious court case with them at the moment and so far theyve produced 4 CCAs, 6 NOA , 2 DN and refused to provide all the required documents in my 3 CPR 31.14 requests MAKE SURE YOU KEEP EVERY LETTER

update... letters still going back and forth at the mo but im going to file a complaint to the OFT and TS... anyone know what they constitute as a legit complaint from a DCA and their solicitors? among other things they have taken court action before any notice of assignment, an admission of no original NOA, DN or any other original documentation i have asked for , just templates of "what it would have looked like" which DWF solicitors insist is all they need just want to focus on what specific behaviour the OFT and Trading Standards frown upon?

double ditto...

anyone got thoughts on my own case? should i push for the strike out with the n244 of just wait for it to finally come up in court?

best to start your own thread bully as it may drag on for a while and you may need more help like myself funny enuf i just had a similar dispute with Aktiv Krapitol and they wouldnt accept the statute barred letters, i had to do a screenshot of my online credit report that showed the debt had no payment in 6 years and emailed it to them before they agreed to close the account

Just to update, sent CPR 31.14 request to DWF requested 1 The agreement with the original terms and conditions 2 The Default Notice. 3 The Deed of assignment 4 The Notice of assignment. 5 The Full details of the Business sale agreement as mentioned in the amended Particulars of Claim between Robinson , Way and Company and Robinson Way Ltd on september 26th 2009 after 5 or 6 weeks i got the following response 1. copy of the agreement (looks ok) but with no original T&C 2. a Default notice template that they say was used at the time but admit they have no original 3. the deed of assignment is about 30 pages of gerneric spam between the 2 companies and no mention of my specific account at all 4. Notice of assignment - again they admit this is a reconstruction and they do not have the original (as it was stored on electronic media) 5. The business sale agreement of debt between rob way & co and rob way 2009 is more generic spam with no mention of my account and finally here are a few direct quotes " we are under no obligation to provide documentation that is not in our clients power, possession or control.If copies can be obtained they shall be disclosed in due course but we do not see that this prevents you from filing a defence." "You are mistaken in your belief that such documentation cannot be reconstituted in standard evidence and see no relevance whatsoever of section 196 of the law of property act" so there you have it, they are making up most of the "evidence" so what now? CPR request was useless as they just send templates cahoot have been equally useless and im thinking of sending the unlawful recission letter , they say a default shows on the computer as sent but admit they have no original (to save the environment- yes thats what she said!) and that they would have sent it 2nd class like all their letters as they didnt have to send it recorded or registered.

they did the same to me, i went to the hearing the judge took 1 look at the POC and threw them out, ordered them to file new ones and awarded me £100 costs for my wasted day in court its a disgrace that this passes for legitimate dept collection practice and no regulator gives a fig, its left to us to fight

i agreed with and paid the ccj but i think it was outside a month, i guess its too late then to have it set aside then even though the OC is up for it having it marked as satisfied is i would guess futile to my credit rating its a bizarre system

i know there are few grounds for a set aside of a ccj , one of which is paying the full amount within 1 month if for example you were to pay in full outside of 1 month AND had a letter from the creditor supporting your set aside would the court grant it or would they hold fast on that rule and merely mark it as satisfied ?

"manipulating data" if one is doing it , all will be doing it This was the inevitable consequence of the misreading of the Manchester test case and the moment we all hoped for , their greed was just so great and their morals so low They think they can get away with anything , and why not? Is the FSA or the OFT gonna act? Not until they are forced to by a few brave souls who have to take on the **** all by themselves while the regulatory authorities put their heads back in the sand

i see from other threads Robers way have used them before

They filed new POC including a nonsense NOA i wrote to em stating that the info they had Filed in court was made up as i have the original letters and there is no mention of any assignment to RW and id like to see what they insisnt was a valid NOA they still claim was sent they wrote back stating Horwich Farrelly had now been removed as solicitors and new ones had been appointed " DWF LLP " they sent me what they called "replacement enclosures for the amended POC as our client has advised us the originals were DRAFT PRECEDENT COPIES attached in error" Then sent a CPR request to DWF and they claimed the relevant person to deal with it is on holiday ! its never ending lies and frustration from this lot not sure what to do , just waiting for a response

thanks for the address fred , im a couple of steps behind you but at least i might get my letters answered now!

had MH searching my CRF without my knowledge yeasterday ive emailed a complaint to equifax ive guessing theyve just bought one of my in dispute statute barred depts this circus never ends