What bank / account type was it? It may have lower conditions of acceptance?

bump have now got the amended POC do i file an amended defense or just wait for the court to write to me ?

any offer of a reduced settlement in my opinion is the last act of desperation on a dept they know they are unlikely to be able to enforce and may soon be statute barred thats just the way my DCAs have acted as the SB deadline looms

should be working now , or just stick this in the search box = 202843

have a look at Angry Cats letter on post 38 here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/202843-robinson-way-capital-one.html you could use this bit and edit to suit "I HAVE REPEATEDLY REQUESTED that you provide to me the inception terms and conditions, as well as the terms as varied and the Payment Protection Cover Policy together with the inception terms of that policy. To date, you have FAILED to supply these requested documents which do form part of the alleged credit agreement. The only document that you have provided to me is an improperly executed agreement (IEA); an illegible application form: Section 61(1) a regulated agreement is not properly executed unless: (a) A document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner and; (b) The document embodies all the terms of the agreement, other than implied terms and; © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.”

could be argued that these pages arent from the same document and you would have the right to see the original at any trial is a DCA chasing you ? did they send a default notice, termination letter , notice of assignment ?

It seems that it's not statute barred yet

ok ive now got the amended POC do i file an amended defense or just wait for the court to write to me ?

Shame the **** are in business at all

My account has an S in 2008 when I assume cahoot may have sold the dept , there are no futher entries after that by The dca which makes me wonder if it was an equitable or absolute assignment

Some great stuff there from VJ might use some of that myself

hmm so their cleaning lady could write to me on a piece of toilet paper?

in the case of Robinson Way LTD, they have taken over old accounts from Robinson ,Way and Co and are "creating" letters from their in house "legal" team Horwich Farelley giving notice of assignment of dept from Robinson ,Way and Co over to Robinson way LTD can a 3rd party (all be it their own legal spam machine) give a NOA ?

I've had similar problems getting SAR from cahoot, it's likepulling teeth

bump

i would look into unlawful rescission of contract too

bump

nice work , can you post the case law you refer to ? i think i might be needing it soon!

It's seems the judge has however requested them to provide the chain of assignment which is good , I'm just warning you that they will just go away and knock one up on their computer So as B says , the right to see proof of postage etc is vital In my new POC which I will post up on my thread maybe over the weekend the NOA they have submitted as evidence is just plain fraud as I have the original ! (it's not valid either)

Yep no way a NOA from 2002 can be used by a company that wasn't formed and didntvhaveca consumer credit license until late 2009 they need NOA from them , which will be hard as from the timeline I think they started legal action before issuing one and in both our cases they then fabricate one which they say was sent , proof of postage? Still no default notice , termination notice or actual deed of assignment I bet

Also most documents they have sent me are reconstructed fakes So I'd assume his are the same ask for proof of postage and check the dates they claim with the dates that Robinson way LTD actualy got their consumer license and when they actualy initiated proceedings and under what name in my case they say they bought the old dept off Robinson way and co but are trying to pass themselves off as the old company interchangeing names on letters

Do not deny the original dept but that's not the issue before the court the issue is do they have any legaly enforceable agreement , deed of assignment , notice of assignment ,default notice , etc etc I believe his defense is spot on

did you complain to the SRA the TS or the OFT yet ? i think i will have to do so shortly

any response?

good luck m8 , let us know as soon as you can hope you stuff em