Cabot Providian credit card CCA return

[dazza3956]

hi.

i've been paying a debt back over the last two years for a credit card i had some time ago.

 

a debt collector visited the house and i arranged to pay through direct debit.

 

he gave me an amount i owed and a payment card which he marked off each payment in the beginning before the direct debit was set up..

 

i deducted every months payment until in my view i had payed off the debt completely

 

.now robinson way have sent me a letter saying i still owe £262.00..

there is now ay that i owe this or even owe them anything .

 

i think the debt was being payed to a different company in the beginning.

 

i phoned robinson way and they just didn't have a clue what they were doing but in the end they confirmed that they had been receiving my direct debit.

 

now they are asking me for proof that i have payed off this debt.

 

in my eyes i have but what is stopping them making up a starting figure ,different to the one the debt collector gave me.

 

any advice on what to do next would be great as i am adamant that i will not pay anymore and do not owe them any more money.

 

cheers

[rory32]

Actually they've got it the wrong way round, it is them who have to prove that you haven't paid off the debt. I would send them a CCA request and ask for a statement of account as well.

[dazza3956]

ok cheers .will do it straight away

[col123]

Hi im pretty much having same probs as you,ive been paying rob way/horwich farrelly for a few years now the debt should have been payed ages ago but they keep sending me letters saying our client has added new charges here is your new total,the debt just keeps being bumped up and its doing my head in,the debt was from united utilities ive been in touch with them and they say they have never added anything,so i know rob way are ripping me off,i sent off for a statement of account it took them 2 weeks to reply only to say we no longer hold the account so ive just sent a SAR if they dont comply to that then ill be taking further action,ill watch your thread with interest,i have my own thread on this matter,just wanted to let you know your not on your own,kind regards col x

[PriorityOne]

I would be inclined to cancel any Direct Debit arrangement that you have with any DCA... they can vary the amount taken from your account at any time. A Standing Order however, puts you in control because the amount taken from your account is stipulated by you... and only you.

 

[dazza3956]

i had already stopped the direct debit going out as advised by the debt collector(when the amount was reached) as he said they might take more if i didn't.i have sent a CCA request and statement of account as advised.thanx col for the reassurance that i'm not on my own on this..

[dazza3956]

hi

just received a letter today from robinson way saying

thank you for the £1 which has been credited to pay off my account.

 

carries on to say that if i don't make full payment or contact them to agree a reasonable instalment plan then further action will be taken.

 

i'm sure i've read that they did this to someone else too.

 

.any advice on what to do next would be gratefully received..

thanx all.

 

p.s. forgot to add that they have totally ignored cca request and request for statement of account.

[setmefree]

that's a normal stunt from these clowns

 

send them this one.

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

 

Re:− Account/Reference Number

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. i enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

Under no circumstances does the £1.00 postal order form any part of payment on the above account.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

[dazza3956]

i have already sent that letter on the 9/7/07 which they have totally ignored ..do you know what the next step is .i've read that if they take longer than a month to give the cca request then they are committing an offence..do i wait that long before doing anything or is there another letter i can send ?

[setmefree]

yep just a waiting game now, have you got confirmation of delivery and was it signed

[dazza3956]

i have got a receipt for the recorded letter i sent.haven't rung post office to see if it was signed for though.although they obviously have received it as they took the £1 i sent for the cca.

[setmefree]

use the link below type in your reference number in the track and trace and it might bring up a signiture

 

http://www.royalmail.com/portal/rm

[diskmandave]

Don't need to ring Royal Mail! Do it online...

http://www.royalmail.com/portal/rm

 

Here's what fun & games you've got to come....!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

 

Sleep tight!

[dazza3956]

I Typed In The Reference Number But Nothing Came Up..said It Might Take A Few Days But Its Been 10 Days Now ,so Can't See That Being Right..says To Try Again Later.

[setmefree]

well you aint the only one who has had that with recorded delivery,it has happened to me 3 times.

but yet your p.o. has been cashed mmm Royal Mail what's going on.

[setmefree]

leave it go 15 days and phone Royal Mail on their helpline and ask them about your track and trace ref number if they say it's lost,reply that's funny the receiver has admitted receiving the contents.

that's why i now always send special delivery

[dazza3956]

whats the difference with special delivery and how much does that cost.i've paid enough money to robinson way and grudge paying out any more for a debt which should be dead and buried.

[setmefree]

special delivery costs £4.30 for a standard letter next day delivery

 

this is a useful letter someone posted on CAG,and i av used it and it was very sucessfull

 

Your Address

Their Address

 

Client Ref No.

 

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a postal order £1, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:

i. True copy of original credit agreement

ii. Statement of account

iii. Copy of the executed deed of assignment from ...

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

Yours faithfully

[dazza3956]

its looks like a good letter to send but i have already sent a letter with £1 for the CCA request and statement of account which they have ignored..they have 2 days (21/7/07)until they default and 21 days until they commit an offence.have you any idea what letter i can send once these time limits are up?

[setmefree]

I'm sure rory or ODC will give you an answer to that question, they are very knowledgeable in these matters.

[dazza3956]

ok cheers .thanx for the advice

[clutchingatstraws]

No letters are forthcoming just make sure you stop paying.

 

They know the law.

[dazza3956]

i've just received a letter from Cabot Financial.

 

It has changed from Robinson Way but on the letter i previously received from RW it said that the money was due to Cabot Financial.

 

on this recent letter it says thank you for your recent payment

(i suppose they mean the £1 i sent for the credit agreement.

 

the twelve days has passed long ago

but Cabot have replied within the month time schedule but ignoring any credit agreement and statement of account i asked for.

 

they have said on the letter that interest where applicable , will be added until i make an agreement to pay.

 

i have no intention of paying these people any more money as i have paid of the debt in my eyes

and they keep adding money on(as previously explained in my other posts).

please could someone advise on what to do next.

 

do i send another letter to Cabot this time ,and if so which letter do i send?

thanx all

dazza

[PriorityOne]

Dear xxxx

 

Account Ref xxxxx

 

I do not acknowledge any debt to your company or to any company that you claim to represent.

 

A request for my Consumer Credit Agreement (Consumer Credit Act, 1974) was received by Robbers Way on xx/xx/2007. Until such times as they are able to comply with this request, the account remains in dispute, is unenforceable and no payments will be forthcoming.

 

Yours sincerely/faithfully,

 

 

Send by rec. delivery.... keep the receipt.

[dazza3956]

ok great .thanx for that ..does it matter that cabot used to own the debt by the look of it or not?

thanx