Horwich farrelly / Robinson Way

[dogtrainer]

I just received a letter from Horwich Farrelly saying that they have advised RW to commence court action against me regarding my ex Cap1 account.

Saying that they need employment details / Income & Expenditure details Do I need to give them these.

Also as I remember that Cap 1 gave me the card when I had less than their minimum income needed for to apply for it would this make any difference.

[maroondevo52]

Hi, dogtrainer.

 

Have you tried to claim back any charges on this account ?

 

 

Regards.

 

Scott.

[dogtrainer]

No how do I go about it

[maroondevo52]

Have a look at the step-by-step.............

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

 

Regards.

 

Scott.

[dogtrainer]

Hi Scot sorry to be a pest would I send the SAR to Robinson way or Cap1

[maroondevo52]

S.A.R - (Subject Access Request) to the Origional Creditor

 

Think this is the address..........

 

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station street

Nottingham

NG2 3HX

 

Regards.

 

Scott.

Edited July 19, 2008 by maroondevo52

[andy3333]

horwhich farrelley and robinson way are the same company , you have received a standard collection letter from them , it only implies court action it does not mean they will take you to court at all in fact it is very unlikely unless you are a home owner , go to the cab fill in a income and expenditure form and send it in to them send no work details or details of assets , i used to work for them they are amature at best

[dogtrainer]

Hi all just received this letter today can any one help what should I do.

 

MR

 

Date 15/08/08

 

Dear MR Balance Due £3,344.54

Creditor ROBINSON WAY (EX CAPITAL ONE) Our Reference

 

This matter has now been referred for litigation and placed on a sue list.

Failure to make payment in full or make a reasonable offer of payment will

result in proceedings being issued.

Once proceedings are issued you will be liable for additional fees, costs and

interest and this will increase the amount due substantially.

This is your last opportunity to avoid court proceedings, no further contact

will be made prior to issue therefore contact our pre litigation department today on our dedicated litigation line 0161 833 4418.

[42man]

If it was me in your shoes I would send them a CCA request ASAP....

[maroondevo52]

Hi, dogtrainer.

 

I agree with 42man.

 

Send Robinson Way letter 'N' from the library.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Send it with a £1 postal order, recorded and don't sign the letter

 

Regards.

 

Scott.

[dogtrainer]

HI Scott sending the CCA of the afternoon is the 12 days from today or when they receive it.

 

Stewart

[42man]

it's 12+2 working days...

[dogtrainer]

That's the CCA letter sent to them so I wait and see if they get back to me .

I was reading other threads that they don't seem to respond to them.

Edited August 19, 2008 by dogtrainer

[maroondevo52]

I was reading other threads that they don't seem to respond to them.

 

No CCA, No enforceable debt

 

.

[dogtrainer]

Just checked Royal Mail website letter was delivered yesterday so now they are on the clock

[maroondevo52]

Sound, count the days

[mr.ton]

Saying that they need employment details / Income & Expenditure details Do I need to give them these..

 

Tell them to get lost..you are under no obligation to supply such information

[mr.ton]

Hi all just received this letter today can any one help what should I do.

 

MR

 

Date 15/08/08

 

Dear MR Balance Due £3,344.54

Creditor ROBINSON WAY (EX CAPITAL ONE) Our Reference

This matter has now been referred for litigation and placed on a sue list.

Failure to make payment in full or make a reasonable offer of payment will

result in proceedings being issued.

Once proceedings are issued you will be liable for additional fees, costs and

interest and this will increase the amount due substantially.

This is your last opportunity to avoid court proceedings, no further contact

will be made prior to issue therefore contact our pre litigation department today on our dedicated litigation line 0161 833 4418.

 

Just a threatogram designed to look/sound more scary than what it actually is - unless they take you to a county court & until the day you actually step foot inside such a builiding then file under ignore.

They are going the right way towards getting a £1 per month by the sounds of that letter

[dogtrainer]

Just checked Royal Mail website letter was delivered yesterday so now they are on the clock

 

Just checked for Proof of Delivery

But This seems strange to me as I sent it Recorded delivery

 

:???:Your item with reference

 

was delivered from our SALFORD Delivery Office on 20/08/08 .

Thank you for using this service.

Sorry, an electronic proof of delivery is not available for this item.

[42man]

I shouldn't worry you have taken the precaution of sending it recorded delivery....the item has been delivered, so the emphasis is on them to produce it..!!

[dogtrainer]

Hi. I think I am right in saying that their 12 + 2 days were up last Wednesday and nearly a week on still no CCA from them so what do I do next.?

Also I have now got electronic Proof of Delivery.

[42man]

You can send them this if you like...(recorded delivery)

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**(12+2 working days).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[dogtrainer]

Thanks 42man

Will send it of on Thursday when I am at the post office and see what they do next.

[dogtrainer]

Hi 42man

Just had a thought should I add ( which was received by you on 20/8/08. ) As I have proof of delivery.

After. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

[tinkerbell20]

Hi 42man

Just had a thought should I add ( which was received by you on 20/8/08. ) As I have proof of delivery.

After. On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

#

 

 

Yes