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Jossy

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  1. Hello everyone I am delighted to be able to say that finally this sorry saga is over, and I have won - woo hoo. Sorry for the delay in keeping this thread up to date, but I wanted to wait until I had some positive news to report. Since my last post on here a number of things have happened. The Financial Ombudsman stopped Robinson Way from claiming that I owed them any more money, but that as his powers were limited, could do nothing about the CCJ on my record. Of course, Robinson Way would not remove the CCJ voluntarily so my only option left was to get a hearing at court to have it set aside and stayed. More on this later. In the meantime I got the replies back to the various organisations I had reported them to. The ICO (whose response took 8 months!!!!) said they had done no wrong. I had reported Robinson Way for their failure to include documents they'd claimed they had sent in the SAR response to me. The ICO say that all they have to do is list them on a data print out, not show actual copies. In my opinion this makes a mockery of the whole procedure as it still does not prove that anything was sent but by this point I was starting to realize that the deck is well and truly stacked in the DCA's favour. I hope this information is useful for anybody else in a similar position to me. The CSA forwarded on my complaint to Robinson Way, and their response was an absolute cracker (as you'd expect). They claimed that they had done no wrong, that it was my failure to inform the original creditor that my address had changed (which I had and was proved in court), that they had no idea why I would pay a "third party" (NCO Europe, whom I 'd received all the proper paper work from, and from whom Capital One continued to accept payments from for 18 months AFTER Robinson Way claimed they were the owners of the debt, again proved in court by Capital One's statements obtained in the SAR), but as a "gesture of goodwill", they would not chase me for any more money and would write off the remainder of what I owed them!! Of course the CSA took their word for it and refused to investigate them when I pointed out that their reply was littered with false statements and nonsense. As is mentioned in a post on here further up, the CSA are a waste of time, and being as they are supposed to be the regulators it's no wonder this industry is out of control. all this led me to court this morning to finally face them, something which I'd been dying to do for over a year. But as you'd expect with a company like Robinson Way - they failed to show up! T hat tells you all you need to know about these people and I hope this encourages others to take them on because when the going gets serious, they wimp out. After examining all my documents, The Judge could not believe what he was seeing. And in a further twist, it was revealed from whatever documents Robinson Way had sent when it was first issued to court, that they had known my correct address from the start. To recap, RW had obtained the CCJ against me at an address I have not lived in for 10 years. They said it was their legal right to issue those documents to my last known address, which is what they did in March 2008 when they obtained the CCJ. But whatever they had sent the court proved that In February 08 they had my current address, but chose to issue it to my previous one knowing full well that I would not obtain the documents, leaving them free to get the CCJ through default, which has now been permanently deleted from my record, and the claimant blocked from re-issuing it. And that, in a nutshell, is the kind of people that RW are. As I said at the start of this post, I have finally put this case to bed with a resounding victory, knowing that all the effort I have put in has been vindicated. I want to thank everybody on here that offered advice and support - I would not have had a clue how to tackle this without all the information you people have given me, and I hope that this final post helps others take the fight to these DCA's when you know you are in the right. Many thanks folks, and I'll certainly be checking back on here to see if anything I've learned can help others. Regards, Jossy.
  2. Not at all, just didn't spot that link. Sorry if it came across as rude. I'm extremely grateful for all the advice I've received from everybody on here. Apologies for the misunderstanding.
  3. Sorry, but I'm not sure what you mean by familiar pattern. My aim was to report them to as many organisations as possible. If 4 separate groups are looking into them, it increases the odds of them being reprimanded, and the CCJ being removed from my record without me having to pay.
  4. I suspected that might be the case when I looked at their website. Will be interesting to see if they get back to me with anything, being as the evidence I've sent them is irrefutable. Thanks for the info.
  5. Hi everyone, just a small update on where I am with this nonsense. All three organisations I reported RW to have responded, saying the matter is now being looked into. Fingers crossed. Also, t he other day I reported them to the Credit Services Association, a regulator who RW are a member of. Will be interesting to see if they back up their claim that they will sort out any wrong doing by one of their companies. Wondered if anybody on here knows anything or has had any experience with this organisation in the past? Interestingly, NCO Europe (the DCA to whom the debt was paid in full) are also a member, and have pointed that out to them. That's all for now. Jossy.
  6. Seems a good point, but what about the fact that when I wrote to them to tell them of the missing documents, in their response (after the 40 day period) they sent a "copy" of the notice of assignment. As I said in an earlier post, it has so blatantly been knocked up at the time they wrote back. If what you say is correct then why would they go to the lenghs of producing this "fake" if they only had to show proof that the letter was sent originally, and not a copy of it? And surely if my "account" with them is still active (in their opinion), then they can't discard any documents from my file. Their system records showing something has been sent cannot be sufficient as it does not disclose what was written in the letters? For all I, or anybody else knows, they could have said Then again, it RW we're talking about, and who knows what goes through their minds?? I won't write to them again until I hear back from any of the organisations I've reported them to. Thanks everyone.
  7. Well I have now reported them to the ICO, OFT and Financial Ombudsman. Took a bit longer than I expected, due to the complicted nature of the case and the processes that have to be followed making an official report. Consumer Direct/Trading standards didn't seem that interested, instead insisted I try community legal advisory services. Whilst these people may be able to help, at this point I was/am more interested in making my complaints official. The ICO have asked for copies of all my proof of their wrong doing, in terms of their failure to respond to the SAR properly, to which I have happily obliged. The OFT are looking into the case, but whether I will hear anything back from them really depends on how serious they think it is, and whether my complaint is just one amongst many against these crooks. if anybody reading this has any kind of problem with RW, DO NOT hesitate to report them. The more complaints they get, the more chance action will be taken to stop them. For years these people have got away with trampling all over the law because people (us) have been unaware of our rights. Thanks to sites like this, we can fight them on level terms. The Financial Ombudsman was very helpful, and are investigating immediately. Fingers crossed everyone that I get the desired outcome. One last point - shall I write to RW and warn them they have been reported to make them sweat a bit (they prob won't give a damn)? Or let it be a nice suprise for them? Cheers everyone, Jossy.
  8. Hi everyone, here is a summary of the latest chapter of this appalling saga. After much debate, I decided to write to Robinson Way. I know they won't have as much info as the origianl creditor (cap one), but it is they who have issued, unfairly, the CCJ against me and claim I still owe them money I thought ruffling their feathers would at the very least give me some satisfaction and could possibly result in them incriminating themselves further. Their response to my SAR request did not contain copies of any of the letters they claimed to have sent to my previous address, or even any of the letters they have since sent to my current one. These were, amongst others, Notice of assignment, default notice, offers of settlement etc (all of which they have claimed they originally sent). I also asked for the copy of the original CCA. I am aware there is much debate that this has to be requested separately, but during research for this I discovered that the copy that cap one sent in their response to my SAR, was in fact only a copy of the application form and cannot be used in court. Therefore, being as they couldn't produce it I knew that Robinson Way would have no chance. I threatened to report them to all the relevant authorities if they failed to produce these documents under the terms of the SAR, and the fact that their continued harassment is totally illegal if they never sent or owned these documents to begin with. I also reminded them that they had until the 31st August to get them to me. A couple of days after the deadline passed, I received a letter from the "delightful" Rebecca Cooper stating that they have fullfilled their SAR request requirements and will not be sending anything else. They did , however, include a copy of the Notice of Assignment. Now I'm no detective, but it is obviously the most hastily put together forgery you could ever see, just with the date changed to 29th Jan 2007. The signature is ineligible and if they'd had it all along, why didn't they send it before? Apart from it arriving after the forty day period, the most amusing part is that in 2007 they were called Robinson, Way and Company. This letter however is under their new name of Robinson Way Limited, which they became on October 1st 2009. Can I now do them for FRAUD as well? I am now going to report them for failure to produce these documents, but being as I now know for sure they don't have them, do I report it under the terms of the SAR not being responded to properly and within the time limit; or because of everything they have done to me since the CCJ they issued in March 2008 has been illegal (remember folks I do not owe a penny, debt long since paid to another company) do I report them for serious breaches of regulations put in place to protect the consumer? And who do I report them to? I'm not sure if it's the OFT, FSA, Trading Standards and the Financial Ombudsman or all of them. And do you report them by letter or telephone? I'd really like to know if I can report them for fraud too, as mentioned above. Sorry to ask so many questions, but I have almost compiled as much evidence as I can before I hand it over to a solicitor, and this part will probably be the last thing I do before I get the big guns involved. As always, any advice is much appreciated. Thanks, Jossy.
  9. If I write to them, do I wait a couple of days so that there is no way they can reply within the original 40 day limit ( I assume the clock is still ticking from my original letter), thus enabling me to report them for taking too long regardless of whether they can supply copies or not?? A dirty trick maybe, but not in the league of issuing a CCJ against me at an old address when the information of my address change was in my file from Capital One. And sorry to be naive, but what is the Dn? I want to make sure I include everything. I do want to write to CapOne as well, but I'm undecided yet as to wether to write before I get a solicitor involved or not.
  10. Hello everyone Well I finally received my long awaited SAR reply from Robinson Way and it is ..............pathetic. It is 8 pages long (one of which is a covering letter). 4 pages are a "narrative listing for specific customer" which is all written in abbreviations and codes making it very difficult to understand, and the final 3 pages are copies of 3 emails sent from R Way to Capital One between 29th and 30th April 2010. The names of the people in the emails have been blacked out due to "third party data" (is that allowed in a SAR??). The first thing of note that jumps to mind is where are all the copies of the letters that they allegedly sent to my previous address advising me that they were now the owners of the debt, and that if I didn't pay then they would take me to court? Either they didn't send them in the first place, making the CCJ illegal, or they have failed to include them in the SAR, also illegal. There is no copy of the CCA either. One of the email replies from Capital One to Robinson Way does state the following "all the payments have come via NCO. they've (sic) all been labelled with the correct ref# etc so i'd be positively flabbergasted if the money has nt (sic) originated from him. it (sic) was~£50 per month being paid direct to us then switched to coming from NCO May 08. no (sic) idea why. it (sic) was placed with nco jun05-sept06 (sic)" Apart from condradicting themselves (ALL the payments from NCO, then "being paid direct to us then SWITCHED to NCO"), this is untrue. I have only, as stated so many times on this thread, paid NCO. This is also the first time Capital One have acknowledged NCO. In their SAR response they were not mentioned once. And that, people, is basically it. Any advice for my next move? Do I now gather all my information and seek help from a sollicitor? is it really starting to look like Capital One are the root cause of all these problems? Have Robinson Way deliberately left out chunks of information to hinder my own investigation? Your thoughts and advice, as always, much appreciated. Jossy
  11. I agree, it does sound like a *alls up. I think i will write them a letter, but i am going to wait and see what turns up when I get my info back from Robinson Way first. Hopefully more ammunition for me to use against them.
  12. I received my SAR information from Capital One yesterday, and it makes interesting reading. It appears they have sent me everything they have, as there are copies of letters sent between both parties going back to 2002. However, in their covering letter it reads "I acknowledge the change of your address, but I'm not able to ammend your details as your account was sold to Robinson Way." at first it would appear that I have indeed, paid the wrong DCA. However, in the statement pages they have enclosed, it lists every payment I ever made on the account starting from when I was paying them (Capital One), to the very last payment I ever made on it, which was 4/3/09 (my bank statement says the money was taken 25/2/09). It does not say on the statement who the payment was made to, although if they have statements for every payment made you would assume that it was to them. Which is confusing because since 2005 I had been paying NCO Europe. Maybe someone can enlighten me, but I assumed (perhaps wrongly) that when a DCA took over a debt, the original creditor sold it for a reduced amount and as far as they were concerned, that was it. By reading these statements, it would appear that every payment I made to NCO, showed up on a Capital One statement a few days later?? This is good for me in one aspect as it is further proof that the debt has been paid - on the last sheet it reads "new balance 0.00. PAYMENT RECEIVED -- THANK (sic)". it conflicts with the covering letter stating they sold it to Robinson Way (which according to them was back in 2007), because the recipient of all payments made was NCO, they must have still been in contact with each other. I hope that's not too confusing folks, it's the best way I could describe what I received. I'd be interested to hear your opinions. Is it possible Capital One have sold the debt to two DCA's?? And have continued to take payment from one, whilst the other chases me for it also?? I have yet to receive my SAR from Robinson Way, maybe that will shed some light on it. Incidentally, amongst the info I got was all the correspondance regarding my change of address which Robinson Way claimed they had no way of knowing or finding out. I guess when they took over the account they didn't look very hard. Just a lame excuse to issue a CCJ against me without me knowing it had been done. What do you reckon guys??
  13. After reading up on it, A subject Access Request, under the data protection act, enables an individual to access any information that any organisation holds on them, regardless of whether you still have dealings with that particular place. Therefore, it is irrelevant that I no longer have an account with Capital One - they are legally bound to comply with my request as they still hold information about me. Regarding "making them pay", on their website it states the following "As this is simply a change of name no further novations of contracts are required. All licences, insurances, registrations, compliance certifications and memberships for the company remain in place". I am definitely holding them responsible for what the "old" version of the company started. this is a no-brainer being as it is this "new" version of the company that are now claiming I owe THEM money. I cannot just pay the £75 to get the CCJ set aside. As i mentioned in an earlier post, once I have done that and still refuse to pay what Robinson Way are claiming I owe them, they will issue another CCJ with the court and we'll just keep going round in circles. I hope to find with the 2 SAR requests who Capital One sold the debt to originally, and to disprove with Robinson Way that they received payments from me back in 2007. They claimed they have proof that I did (and I know that I did not), I will be able to see if they have mixed up an account with somebody else. Amazingly, I received a letter from them this morning acknowledging recepit of my letter and that they will comply within the 40 days. Unamazingly, they dated the letter 22nd July 2007!
  14. Okay just checked the Royal Mail website to track both letters, and they were received at 9:45 and 11:10am. So now the clock is ticking, 40 days being 30th August. I wonder who will be the first to try and get out of complying?
  15. Well I have posted the SAR's to both Capital One and Robinson Way today. Think I'll hold on for now regarding sending one to NCO. At the moment they appear to be on my side, so I'll wait to see what I learn from the first two, although I am convinced that Robinson Way will not comply with the SAR even though they are legally bound to. The thing I most want to find out is how and when they received some payments allegedly from me nearly 2 years ago, as I know I have paid them nothing. When I hear any news, I'll update on here.
  16. I've already asked Robinson Way to get the court to have it set aside, based on the fact that I have long since paid the debt and they got the CCJ by using an address i haven't lived at for years. They refused because in their opinion the debt isn't paid as I owe them, and they are legally allowed to issue a CCJ against "last known address". After reading everybody's much valued advice, I think I will Sarn Capital One. Maybe this will explain the black hole between 2005 - 2007 (the guy on the phone yesterday said there is no data for this time period). Would it also be worth sending a SARN to Robinson Way? They claimed yesterday that I had actually made payments to them back in 2007? Surely then this would show up, and being as I know I have never paid them a penny, could prove if they have indeed mixed up 2 seperate accounts? What do you think guys? Worth it?
  17. i have decided that tomorrow I will write to RW/HF and enclose a copy of the confirmation letter from NCO. I will also request that after receipt of my letter (which i will send recorded with a signature on arrival) that they remove immediately the CCJ they have on me cease all further communication, inform them that they are being reported to the Office of Fair Trading, Trading Standards and the Financial Ombudsman Service. One question I have for you guys is, legally, how long do they have to remove the CCJ once they have proof the debt is paid? I want to warn them that if it isn't removed within the correct time allowed then legal action against them will follow. Any ideas? I want to make sure I get it right. Thanks in advance.
  18. Well this now really does complicate things. I just called Capital One on the off chance I could shed some light on the matter. They have ionformed me they have no record of NCO Europe as the agent, and that the debt was sold to Robinson way in January 2007. Interestingly, he also said that the debt was now satisfied?????????????????????? When asked what happened between 2005 and 2007 (2005 was when I defaulted, and started paying NCO Europe), he said they had no information at all for that period. So what on earth do I now say to NCO?? This is slowly driving me mad.
  19. The guy at NCO Europe today said they were the "authorised agent" to collect the money. Regarding SARN, what are the chances if I phone Capital One (I still have all my account information from them) that they will tell me over the phone?? I know I'm clutching for straws, but it would give me instant gratification if they knew nothing of Robinson Way.
  20. Well I don't know where to start. I called Northampton County Court, this time spoke to someone who seemed to know a bit more. She did confirm, as mentioned above, that the forms to have the CCJ set aside are free but it costs £75 to have them processed. She also confrimed that Horwich Farrelly informed the court that the debt had been satisfied back in December 09. She then gave me the correct number to call them on, which is 0161 833 4418, NOT 633. I double checked to make sure I hadn't mis-dialled, but their letter definitely reads 0161 633 4418 - another indication of the kind of people I am dealing with. After speaking to some young girl who was clearly out of her depth, they passed me on to a man named Kevin Faulkner, who said he was a litigation officer. He claimed the following: That he was the man who spoke to me back in January (if which is the case, then Horwich Farrelly and Robinson Way ARE the same company, because the call i had in January was from Robinson Way - see my earlier post). That Robinson Way have owned the Capital One debt since 2007. That I had made payments to them in 2007, but had then ceased in doing so, hence the CCJ in March 2008. That although the court confirmed the debt was satisfied, it had actually been put on "halt" in December 09 (this , I presume, was the period when they actually bothered to find out my real address - see my earlier post). That they would not in any way set aside the CCJ, as I still owed them money. That it was my responsibility to prove to them I didn't owe it, not the other way round. After calming down, I then spoke to NCO Europe again (I know these poeple are no saints either, but I actually never had a problem with them so maybe they could prove to be handy allies). I still have their letter of confirmation, but just wanted to make sure that they still have all my details in case they are needed. They confirmed that not only has everything been paid in full, but at no time did Capital One cease using them with my case, a nd sell it to anybody else. Ok folks, here is where i am at. Even if I bite the bullet and pay to have the CCJ set aside, Robinson way still believe I owe them money when I refuse to pay they will just lodge another CCJ against me. Now I could CCA them, but being as this is all about a debt that no longer exists, I don't want them to believe that by CCA'ing them I am acknowledging that there is a debt to be paid. Do i sue them? Will i definitely get all costs back if i am successful (and all the evidence suggests I will be)? Or can they hide behind the fact that in the nature of their business they are entitled to pursue you and issue CCJ's until the defendant proves otherwise? What if, in worse case scenario, NCO Europe have been the ones who were lying and lost the legal right to pursue the debt 3 years ago and I have effectively paid the wrong company through no fault of my own? (I seriously doubt this is the case). On top of all this, I am trying to find a job. Wonder if there is any vacancies in the debt collecting industry?!! Over to you guys for you're help and inspiration.
  21. Thanks for everybody's interest in this, and believe me, I don't just want my name cleared but these people punished for what they have done, if that is at all possible. It was said in a reply earlier I should make a chronological list of everything that has happened regarding this case, so for the benefit of everybody on here, it goes as follows: 1. 20th March 2008 - CCJ issued against me for £859 at Northampton County Court by Robinson Way at my old address, where I haven't lived for just under 10 years (at this point i have no idea the CCJ has been issued). 2. January 2010 - I receive a letter from Robinson Way asking me to confirm if I lived at XXXXXX address (my previous address). Letter is worded in such a way that if I don't reply, they will assume that I did indeed live at that address. After starting a thread on this website with the title "Potential trouble from Robinson Way", am advised to ignore it. 3. January 2010 - Phone call out of the blue by somebody at Robinson Way saying I owe £859, and must pay immediately. I inform them I have only ever had 2 debts in my life and they have both long been paid up to 2 different DCA's (Cabot financial and NCO Europe). He "seems" to accept this and I never hear from them again. 4. 11th July 2010 - Random call from my bank inviting me to come in to upgrade my account, due to how I have managed it over the years. Ironic, I tell them as I have recently been made redundant and so no money is currently going in. She claims this won't matter and arranges for me to visit them on Thursday 15th. 5. 15th July 2010 - I visit my bank to upgrade my account, only to be told after 40 minutes of going through stuff that I have a CCJ against me. On returning home, I check my Credit report online with Credit Expert. There is no record of a CCJ, so after phoning them I am advised to add my previous address from nearly ten years ago and check again the next day when the records have updated. 6. 16th July 2010 - I check my credit report again, and there is a CCJ against me on my old address ( see paragraph 1). I phone Northampton County Court, only to be told that it will cost me £75 for the legal paper work to get it removed after explaining that the CCJ should not be there. Incidentally, the lady there says that the debt has been satisfied. By whom, I do not know as I have never had an account with Robinson Way, and would never, ever pay them a penny. 7. 17th July 2010 - I receive a letter from Horwich Farrelly, acting on behalf of Robinson Way telling me that I owe £264.13 and must pay immediately. They will accept a final payment of £174.32 as a final offer (how kind of them). The letter lists the court as Northampton, and the case number is identical to the one on my credit report for the March 08 CCJ (8XM02425 - the case which has apparently been settled, but not by me). there it all is, step by step. Incidentally, on my credit report under the CCJ details it reads the following "If you have paid a judgment you should contact the court and make sure they are informed. You may wish to request a Certificate of Satisfaction as proof of the change. We will be told that the judgment is satisfied and we will update our records. For further information please see the Report Guide." Now I know that I didn't pay this debt because it never existed (not to Robinson Way or the amount that they stated), if the lady told me on friday that it has been satisfied, then if I do what the above statement says then surely I can get this cleared from my credit report?? Not ideal as really I want it acknowledged that it should never have been there and as I have stated many times on this thread I want these people punished for what they have done. I will be phoning the court tomorrow (Monday) so what do you guys think? As always, thanks everybody for your help and input. Jossy.
  22. Yes I have kept a copy of the letter I received from NCO Europe when the debt was fully paid up, but having read all about Robinson Way and the way they conduct themselves, I doubt this will make them cease hassling me or remove the CCJ they have put against me. Regarding the court, are they legally obliged to send me all the information they have about the case? They wanted to charge me for p/work to remove the CCJ, so is it likely I'll have to pay for this too? And what about the phone number? How can any company, no matter what their business, give you a contact number to call them only to have it tell you that it does not receive incoming calls? This sums this lot up quite nicely. I'll call the court again on Monday morning and see what they have to say, and I'll update on here as soon as I know. Thanks everyone
  23. Well folks, the plot thickens. This morning (Saturday) I received a letter from Horwich Farrelly Solicitors (whom I understand from reading about Robinson Way on other threads, are suspected to be one and the same company) stating that I have failed to pay in accordance with the court order against me. They have named the creditor as Robinson Way, ex Capital One. This is interesting as I now know for sure that they are chasing a debt that I had paid up nearly 2 years ago, to another debt agency called NCO Europe. Also in the letter I received today was the "balance due" figure of 264.13. They have listed Northampton as the court it has been issued against, just as was stated on my credit report. The case number for the court is ...., EXACTLY the same as the one also listed on my credit report, I also now know that todays letter is referring to the same case. I have a CCJ against me at Northampton court, issued in march 2008 for the sum of £859, by Robinson Way, against an address I haven't lived at for nearly 10 years. The court, after speaking to them directly, have told me that the debt had been satisfied, even though it should not be there at all, and I had never had any dealings with Robinson Way or paid them a single penny. On the 17th July 2010, I receive a letter stating I still owe £264.13, that the case is still open with Northampton Court, and being as the case number is identical, can safely assume that the CCJ from 2008 and todays letter are the same thing. Just to further confuse matters, todays letter states that they are willing to accept immediate payment of £174.32 to close the issue for good. They left a phone number to call them on - 0161 633 4418, but when you call it, it says that this number does not receive incoming calls. Honestly people, you cannot make this stuff up. Is it a coincidence that I receive this letter 2 days after speaking to Northampton County court and the Experian help line???? I think not. Surely these people are breaking the law in what they are doing? They are chasing me for a debt that I don't owe, have never owed to them, that according to the court has been paid anyway (but not by me to Robinson Way), they have successfully placed a CCJ against me at an address I haven't lived in for 10 years. Words cannot describe my anger towards these people at this present time. I don't just want my name cleared, I want this company severely punished for what they are doing. Any suggestions on what my next step is now??? Thanks in advance everybody
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