Robberscum way

[ben13]

hello everyone, I see theres some familiar names on this site (i was a member on a certain 'other' site too lol)

I have a CCJ from robbinscumway which was for a next catalogue debt.
Turns out the debt was over 6 years old when RB finally decided to collect.
I did not know about stat barred at the time so obviously panicked and made an arrangement to pay a 'greatly reduced amount'.
I made the first payment of a tenner through their website and then RB cancelled the agreement and the next i hear i've got a county court bailiff knocking at the door.
I'm paying the bailiff monthly but still keep getting phone calls from RB while i'm at work telling me to 'ring them URGENTLY'

sorry i know i can go on but i have 2 questions i need answering if any of you lovely people can help

1, does making the payment throw the Stat Barred out of the window?
2, Is RB phoning me harrassment?
3, RB cannot supply a true cca (yet i have an original which I never signed) does this enable me to get the ccj removed and hammer RB for the costs?

I dont know the exact date of the ccj but it was around a year ago i think.

Any help with this will be most appreciated guys

Ben13

[Zazen.Warrior]

Re: Robberscum way

Was it stat barred when you started to make the payments?

[Curlyben]

Re: Robberscum way

Were you aware of this action being taken in court and are you 100% sure this is a legit bailiff and not simply a doorstep agent from RW&c ??

[ben13]

Re: Robberscum way

Was it stat barred when you started to make the payments?

yes!!!
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Were you aware of this action being taken in court and are you 100% sure this is a legit bailiff and not simply a doorstep agent from RW&c ??

First I was aware was when i got a letter stating I had a ccj against me.
I had a hell of a time with this as RW were ringing upto 50 times a day making alsorts of threats.
They even went as far as pretending to be an appointed OR and wanted me to hand over ALL my financial info including statements for bank and mortgage... At the time my OH and I were REALLY SCARED. It did strike me as odd that the woman pretending to be OR spoke very very quietly (almost whispering).

Yes it is a legit bailiff. I've checked him out already

[Curlyben]

Re: Robberscum way

Have you ever actually SEEN the judgement ?

[ben13]

Re: Robberscum way

its on my credit file!!!!!!

[Curlyben]

Re: Robberscum way

Not what I asked.
Have you ever seen or received a copy of the actual judgement ?

If this CCJ has been granted without your knowledge then you have grounds to have it set aside.

[ben13]

Re: Robberscum way

Yes I received a copy of the judgement. It arrived about 6 weeks after the ccj was dated

I've read somewhere that as it's been more than 28 days since the ccj was granted i wouldnt be able to get it set aside. Is this true?

[Curlyben]

Re: Robberscum way

Nope not at all.
If you paid the judgement within 28 days then it doesn't appear on your CRA file.

There's a number of points that this is fightable on.
Details here: Removal of CCJ's - Valid reasons to have your judgements set aside

If, as you suspect, this debt was statute barred before court action was taken then that is a SOLID reason for a setaside.
Coupled with the fact you didn't receive the claim form or were given the normal 28 days to pay, I believe you have a strong case.

[ben13]

Re: Robberscum way

Nope not at all.
If you paid the judgement within 28 days then it doesn't appear on your CRA file.

There's a number of points that this is fightable on.
Details here: Removal of CCJ's - Valid reasons to have your judgements set aside

If, as you suspect, this debt was statute barred before court action was taken then that is a SOLID reason for a setaside.
Coupled with the fact you didn't receive the claim form or were given the normal 28 days to pay, I believe you have a strong case.

I'm 95% certain it was SB before I was conned into making a payment by RW.

Our post is very very poor and has been for the last 3 years. I've complained to royal mail but nothing seems to happen, would this help my case at all?

[Curlyben]

Re: Robberscum way

For sure.
The more points against that you can think of the better your case will go.

[ben13]

Re: Robberscum way

The other question i have is would i be able to claim back money already paid to the bailiff?
Plus any costs?

[Curlyben]

Re: Robberscum way

You can try, but don't hold your breath.

[ben13]

Re: Robberscum way

shame. It woulda been great to stuff them!!

[ben13]

Re: Robberscum way

Is it worth sendin RW a CCA request as I DO have the the original agreement but They've told me endless times on the phone that they dont have one and dont have to supply one.
Would this also help my case?