Court action threatenend**WON**

[angnnig]

Hi everyone,I hope someone can advise me.
I have recently sent a CPR request to Robinson way, because they have recently tried to take me to court for money that they say I owe, but in fact they are unlawfull charges that Capital one owe me (robinson way took over the debt from capital one)anyway I put in a defence in to the court sending them a CPR request,Robinson way still haven,t sent it, its now been 3 weeks since i sent the request of.About 5 weeks ago I put a complaint in to the FOS asking them to help me claim the unlawfull charges back from capital one,They settled the case for me and Capital one have give in and offered to refund me the charges which are the same charges that robinson way are trying to take me to court for and for just under same amount . The problem is I dont know wether to ask Capital one to send me a cheque for the amount or let them pay Robinson way to reduce the debt.or should I ask for the cheque to be sent to me and hold on to the money as ,the court may rule against Robinson way if they dont send me the CPR request and if that was the case would I get to keep the cheque,Any help would be greatly appriciated ,thanks angnnig

[lickthewallfatboy]

they recently "tried" to take you to court?That would imply either failure,or an attempt to intimidate you.

As your capital one account was under FOS investigation,RW should be told to get their nose out of your business as it is nothing to do with them.

[angnnig]

Hi lickthewallfatboy,Thanks for your reply.Robinson way bought the debt of Capital one about a year ago ,thats why they,ve tried to take me to court ,so im worried that Capital one are going to give the unlawfull charges that i,ve claimed back to robinson way,Do you think I should write to Cap one and ask for the money to be sent to me ,as Robinson way might not have a case because they might not send me the CPR that I requested and the court may throw it out.kind regards, angnnig

[dpick]

Hi I would be very surprised if RW own the debt as capital one would just have told FOS that they had sold the debt to RW so it would seem to me that RW have just been assigned to collect the debt. What you need to do if RW are just threatening court action tell them to bogg off as account in dispute and you have through FOS reached an agreement with cap1. If you are at court stage then inform the court of FOS development as I believe they would adjourn they case to allow a conclusion to be reached.

all the best dpick

[angnnig]

Hi Dpick,Thanks for your advice ,I recieved an N1 form from the courts ,I filed a defence online on the grounds that I was waiting for the CPR info from R.W.the courts are now waiting until R.W send me the CPR,,so if RW dont send me the CPR does it mean that they dont own the debt ,am I right in thinking they cant come on to me for any money,because if this is the case then Capital one should send the cheque straight to me and I dont have to pay RW a penny .kind regards angnnig

[angnnig]

Hi everyone,I hope somebody can advise me ,I just dont know what to do next.
Robinson way have recently tried to take me to court for money that they say I owe ,I filed a defence requesting a CPR which I still haven,t recieved ,but today I recieved a N152 form notice that RW have filed a defence .The situation is that "Capital one"used to own the debt and sold this debt on to RW .I took Capital one through the FOS because they owed me the same amount RW were requesting from me ,Capital one agreed to refund the charges in full and half the interest,but say that they are going to clear my account with RW ,surely they cant do this as the unlawfull charges owed to me .its all so confusing can anyone help,kind regards. angnnig

[tiglet]

I'm afraid they can will use the money to reduce/clear the debt with RW - if there is anything owing after that, they should repay it to you.

Do you believe RW have added any charges to the account once they purchased it from Cap One?

[angnnig]

Hi Tiglet,Thanks for your reply ,the amount I owed RW was the same amount as the unlawfull charges until RW added interest and legal costs of trying to get it into court ,can they actually claim them from me as it hasn,t gone to court yet,do you think I should ask Capital one to send me the money and should I then offer to settle up with RW out of court .I am not sure if RW added any charges ,when they purchased the debt off cap one ,is thier any way of finding out ,thanks.kind regards. angnnig

[tiglet]

To be honest, Cap One will just pay the money to RW and the FOS would agree that they were right to do so.

In terms of RW, have you asked for a copy of your CCA yet to see whether they can add these costs under the terms of your original agreement? This should also include a statement of account so taht you can see if any charges/interest ahs been added.

[angnnig]

Hi Tiglet,Ive asked RW for a CPR ,but not a CCA,If I ask for a CCA and they dont send it are they legally entitled to the money?Im still waiting for the CPR from them.but i will take your advice and ask them for a CCA as well.Thanks for your help.kind regards angnnig

[tiglet]

You can ask for the CCA under the CPR as this should be a document they base their court claim on - no valid CCA, no enforceable debt.

[angnnig]

Hi Tiglet,thanks ,sorry to sound a bit thick,but i,m not sure what you mean about asking for the CCA under the CPR.Do I ask RW for a CCA?
I,m also not sure of what to do about the court form N152,It gives me the following option(a)settlement ,do i want a postponement for 1 month to settle dispute out of court,should I go for this option or just let it go to court.I dont understand how RW can be allowed to put a defence in as they haven,t sent me the CPR that I requested.Its all so confusing ,Im just worried that i,m going to be nailed for all the costs,if RW win in court.,thanks for your help,kind regards angnnig

[angnnig]

Hi everyone ,just to keep you udated on whats happening so far.Cap one have now paid most of the debt to Robinson way.the courts who are dealing with this haven,t responded yet,so i,m hoping thats the end of it ,thier not getting a penny more out of me anyway.

[angnnig]

Hi everyone,just when I thought this battle was over ,today I recieved a "notice of allocation hearing" for the 25th june.I dont understand why "Robinson way" are still trying to pursue me for thier solicitors costs and about £50 that i think is left over.Capital one have now paid R.W to near enough clear my debt with them.R.w have still not sent the CPR that I requested through the court.I,m not sure of what to do next,should I send a copy of the Fos letter that confirms Capital One have paid most of the balance owing or should I just still insist that they send my CPR that I requested.If i do this will the court just throw it out.Any advice appriciated ,thanks.kind regards. angnnig

[angnnig]

Hello everyone,I hope someone can advise me,thanks.I recently sent a CPR request to "Robinson way" because they tried to take me to court for a debt they said I owe ,but in fact most of this debt are unlawfull charges that "Capital one" owe me,when i informed R.W of this fact and that i was claiming the charges back from "Cap one" through the FOS,they ignored me and still went ahead with court action .Anyway i won my case with "Cap one"and they paid R.W most of the charges to reduce my debt,with about £50 owing but R.W have added charges on for thier solicitors and interest costs.I thought that might be the end of it ,but the other day i recieved an "allocation hearing" from the court for the 25th of june,I cant believe they are still trying to take me to court as they,ve got most of thier money back and they still haven,t sent me the CPR that I requested.kind regards angnnig

[citizenB]

Oh dear, Robinson way are notorious on these forums. If you enter Robinson Way into the main Search bar above you will find loads of threads that might help you.

I will keep your thread bumped alternatively you can 'bump' it yourself say in 12 hours time if someone with more experience hasnt looked in.

[angnnig]

Hi CitizenB,Thanks for your reply and your offer to bump my thread ,ill take a look about RW ,but i,m unsure on how to bump the thread myself.kind regards, ang