Diskmandave -v- Robinson, Way & Co - The Never Ending Story

[ODC]

On the subject of Latin definitions of the Law we all know of Habeus Corpus maybe we need a new one Habeus CCA

[Monty2007]

This is better than a TV Soap! Don't keep us in suspense DMD, what is your response to be? I expect you are still on the floor laughing but we need to know..................... ...

Maybe we can all e-mail them and provide some supportive taunting?!

[diskmandave]

OK, back to being sensible for a bit then please?!!

Should have done this weeks ago....... Going for some Cheeky Vimto in a minute so get this done while still Compos Mentis (had to get that in!).

Complaints Manager,
HFC Bank Limited,
North Street,
Winkfield,
Berkshire,
SL4 4TD.

12 July 2007

Re: Account number xxxx xxxx xxxx

Dear Sir/Madam,

I refer to the above account which was sold to Robinson, Way & Company Limited on
xx December 20xx.

I am currently in dispute with Robinson, Way & Company Limited who have advised
me expressly in writing that they are only the legal assignees of the account and that
they do not hold any of the responsibilities (duties) of the creditor, persay supply of
documentation etc... as far as the Consumer Credit Act 1974 is concerned.

The Consumer Credit Act 1974;

I would therefore respectfully request that under Section 78(1) of the above Act that you provide
me with a copy of the original Credit Agreement, the original terms and conditions relating to this
Credit Agreement and a copy of the original Default Notice served in relation to this Credit
Agreement. I enclose payment of £1 which represents the maximum fee payable for this request.

I would also be most grateful if you would confirm that Robinson, Way & Company Limited are
correct or not in that they do not hold the duties of the original creditor, in which case, any legal
action that arises from the current dispute would have to include HFC Bank Limited as either
co-Plaintiff or co-Defendant.

I appreciate your due diligence in this matter.


Yours Faithfully,


xxxxxxxxxxxxxxxxx


xxxxxxxxxxxxxxxxxx.

[tomterm8]

Originally Posted by diskmandave

OK, back to being sensible for a bit then please?!!

Should have done this weeks ago....... Going for some Cheeky Vimto in a minute so get this done while still Compos Mentis (had to get that in!).

Complaints Manager,
HFC Bank Limited,
North Street,
Winkfield,
Berkshire,
SL4 4TD.

12 July 2007

Re: Account number xxxx xxxx xxxx

Dear Sir/Madam,

I refer to the above account which was sold to Robinson, Way & Company Limited on
xx December 20xx.

I am currently in dispute with Robinson, Way & Company Limited who have advised
me expressly in writing that they are only the equitable assignees of the account and that
they do not hold any of the responsibilities (duties) of the creditor, persay supply of
documentation etc... as far as the Consumer Credit Act 1974 is concerned.

The Consumer Credit Act 1974;

I would therefore respectfully request that under Section 78(1) of the above Act that you provide
me with a copy of the original Credit Agreement, the original terms and conditions relating to this
Credit Agreement and a copy of the original Default Notice served in relation to this Credit
Agreement. I enclose payment of £1 which represents the maximum fee payable for this request.

I would also be most grateful if you would confirm that Robinson, Way & Company Limited are
correct or not in that they do not hold the duties of the original creditor, in which case, in the event that any legal action arises from the current dispute I would apply under the civil procedure rules and section 141(5) of the consumer credit act 1974 to include HFC Bank Limited as either
co-Plaintiff or co-Defendant.

I appreciate your due diligence in this matter.


Yours Faithfully,


xxxxxxxxxxxxxxxxx


xxxxxxxxxxxxxxxxxx.

..

[clutchingatstraws]

Reply From

Complaints Manager,
HFC Bank Limited,
North Street,
Winkfield,
Berkshire,
SL4 4TD.

12 July 2007

Re: Account number xxxx xxxx xxxx

Dear DMD

I refer to the above account which was sold to Robinson, Way & Company Limited on
xx December 20xx.

It's #### all to do with us we just dumped tit on those suckers and wrote it off on our tax bill.

Cheers Chum

HFC

[kennyparkroad]

start your own thread, come back and edit your above message with the link

that woul dmake the best sense

thanks - ps pm me the link and ill help as much as i can

[rory32]

1.
Now as they havent got the agreement it shouldnt come too light at a later date therefore am i correct nil balance?

No the debt still exists, it is however unenforceable

Can I claim back any payments that have been made because they had no legal right to collect monies because they were not acting within CCA?

That would probably considered as unjust enrichment, also the payments were made voluntarily - so no.

[hsbcfiddled]

Payments only made under threat of court action.

[Josie8]

Originally Posted by hsbcfiddled

Payments only made under threat of court action.

As Rory says it would depend on whether the court took the view that you had only paid under duress. If however you have paid in excess of the original money loaned via interest charges then there is probably a case for reclaiming those - but its all new case law

[ODC]

The poster has started his/her own thread http://www.consumeractiongroup.co.uk...tml#post997071

[diskmandave]

Another update! Called today while I was out and then again on my mobile no#

Nice & short & sweet, asked for security, told him not prepared to co-operate, okay goodbye then.

They've just called on the house 'phone and then my mobile no# whilst writing this, repeat scenario, goodbye then..

Now enter Mother into the scenario.... "Please write to them and order them to stop calling my house 'phone"........... Letter writing time then!

Also CCA request now sent to HFC Bank seeing as RW&C say they still have a duty as the creditor, can't wait for the reply to that!!

[ODC]

Oh DMD Im sure you can draft a lovely little letter for your mother. Maybe she should contact Age Concern, her MP and a few other publicity minded individuals.

What a wunch of bankers

[diskmandave]

Letter from Mother (and 1 from me) on scanner as we speak.........!

Also forgot, ta for the mod's on HFC letter tt8 which has been sent today..

[diskmandave]

3 letters to update with then!

1) CCA to HFC Bank Ltd....


2) Harassment Warning from me....


3) Harassment Warning from Mother....!


Light the blue touch paper and sit back then??!