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HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Hope one of the legal beavers can help here...
Robinson Way debt collectors and Horwich Farrelly solicitors (both of the same address in Salford) are chasing a credit card debt from Halifax, now HBOS.
I sent HF the CCA letter on 7th September, and recieved a reply from RW dated 13th september stating "We refer to the above acount, which will no longer be managed by this office... please now pay our client... etc" and showing the balance as NIL.
Now, on Saturday 23rd morning a debt collector turned up, claiming to be working for "London Scottish" collecting for HBOS. He REFUSED several times to give me any ID. Needless to say i instructed him to remove himself from my premises forthwith as the matter was IN DISPUTE and being dealt with in the correct legal fashion via correspodence with RW. Eventually, after I took his vehicle registration number, and made it quite clear I haven't recently fallen off a christmas tree, he did give me his name (though still no official ID) and a blank calling card from Robinson Way.
My question is, what to do now? Clearly he was acting unprofessionaly at the very least. But are his actions illegal? is it Harrasment in a legal sense? If so, how do I go about prosecuting?
I have had no copy of the original credit agreement etc, so HBOS are now in default in any case, though they were technically not when the debt collector called. BUT he did call 10 days AFTER RW stated they were no longer dealing with the matter.
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Im not a legal beaver (or any other sort of water based mammal) but ive had dealings with all 3 companies your having problems with!
I got the most success dealing with Blair Oliver scott (Bank of Scotland,/Halifax collections) And once i arranged an agreement with them for monthly payments they calmed down all the aggresive actions, even though robinson way still tried to harass me for money! I never got as far as door knocking baliffs visit's (I watched the BBC prog REMARKABLE)
ROBINSON WAY/LONDON SCOTISH/HORWICH FARRELY I belive are all the same people
Hope this is some sort of help, theirs more of my dealings with them in my thread in Halifax Forum but i don't know how to insert a link (stupid eh)
Jonni2Bad was a great help with what I had happening,
Good luck and hope this is any sort of help
Ally
Im not a lawyer or anyway legal so this might all be nonsense!!
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Thanks for the info Ally.
The thing is that Robinson Way etc. had already sent the case back to Halifax 10 days BEFORE the debt collector from London Scottish arrived, so what the hell was he doing harrasing me?
What I really need to know is if I have any harrasment case, and if so how I go about doing something about it to bring them to justice. Yes I know I can write a few letters of complaint here and there, but we all know that won't do the slightest bit of good. If there is some case that can be brought before a judge, then I am quite prepared to do it. The more times these people are held accountable in a court of law, the more they might think about behaving in a more civil way towards you and I in the future?
Although the person should certainly have been carrying id.
As to the default with the CCA request, this will make the agreement unenforceable whilst their default continues, although the original agreement is likely to be terminated in any event if the debt has been handed over to a DCA.
Have they at anytime issued a defaut notice or demanded repayment of the debt in full?
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Hi Veryannoyed
All I Know is that after I Had been dealing with B.O.S for about 2 weeks Robinson way phoned me threatening all sorts of action due to missed payments etc, So I exploded down the phone at them and explained that B.O.S had taken it out of their hands & it was nothing to do with them, also that they had taken payments but not paid them off the debt, which caused all the trouble in the first place they still threatened me with a debt that they didn't manage & i told them to contact B.O.S! so they are full of crap & don't know much about anything as 3 weeks later they sent me an other letter to reduce my debt considerably!!
One other trick that happened was a standing order was created out of my Halifax account which i did not authorise it was to london scotish & have not had time or been able to track where it originated!
Hence I don't bank with any one i have debts with anymore
not sure about harrasment claims bit above me that one!
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Hi Zoot,
I repeatedly asked the man for ID, and he consistently refused to give it. Eventually after I took the vehicle registration number of his van, he asked "what are you doing?" I said "taking your reg number for legal purposes so I can ID you, are you still categorically refusing to give me your name?", then he very reluctantly told me his name and gave me a blank Robinson Way calling card. However, he still did not produce ANY formal ID or give me ANY letter, notice or anything else whatsoever.
Remember, Robinson Way had already written to me on 13th (10 days before the doorstep collection) to say they are no longer dealing with the case, and for me to refer back to Halifax.
I have now also got a letter from Halifax offering me to settle "for a reduced figure", but no mention of any figure. This is dated 14th sept - the day after Robinson Way handed the account back to Halifax.
The account was defaulted in July 05 and a default is registered against me. I have not received a default notice, nor have they sent me a copy of one since my CCA request on 7th sept
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Ally - it certainly seems that Robinson Way etc. don't have a clue what they're doing then!
It will be interesting to see if Halifax come up with the required documents before their month is up... I expect they will do (knowing my luck!), but then if they are so sure of the alleged debt, why have they written to me offering to settle for a reduced sum? hmmmmm...
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
It looks like the original agreement is no longer active otherwise they would not be offering a settlement. Therefore the fact that they have not supplied the original document is irrelevant. There is no point in trying to get an agreement rendered unenforceable if it no longer exists.
You need to contact the Halifax and try to negotiate either a one off settlement payment or a monthly arrangement. There are some template letters in the debt collectors forum. If you want to go for the monthly option you will need to do a budget planner again there is a template available.
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Thanks for the OFT link, have scan-read it and there are a good number of guidelines that the debt collectors have broken. I've printed it out now for bedtime reading!
I know these are only guidelines and not law, but I think I shall still write to Robinson Way informing them of the actions of their operative and pointing out all the breaches of OFT guidelines - unless anyone thinks it unwise?
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Originally Posted by veryannoyed
Thanks for the OFT link, have scan-read it and there are a good number of guidelines that the debt collectors have broken. I've printed it out now for bedtime reading!
I know these are only guidelines and not law, but I think I shall still write to Robinson Way informing them of the actions of their operative and pointing out all the breaches of OFT guidelines - unless anyone thinks it unwise?
You should also refer this to your local trading standards department. This sort of behavior is unacceptable and these debt collectors need to have their knuckles rapped. The OFT won't do so in response to an individual complaint (although it will go on file) but TS will probably at least contact them.
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HBOS
Good plan... I'll send a copy to Consumer Credit Association too, and anyone else I can think of. Information Commisssioners office? - what right do Robinson Way and/or the debt collector who visited have to hold & process my information?
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HB
Hi there, i have had a visit from robinson way & co today 03.12.06
because of an outstanding debt, which is being delt with by a debt managment company, (got proof in black and white!!)
they are wanting to remove items from our home, does a court not have to issue a court order first, and send you details??)
hope i haven't hijacked this thread, i am just so angery at them!!)
all help appreiciated.
cheers
Re: HELP! - Debt Collector STILL Harrasing me AFTER Robinson Way sent debt back to HB
Yes, there has to be a court judgement made before a bailiff can call and remove things, and even you have to let him gain "peaceful entry" in order to take your things. Call trading standards ASAP and report them!