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happyphil

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  1. yet another victory for the small guys. Last wk i recieved a letter from Clarity, saying that they had reveiwed the case and had decided they were no longer going to persue it. Lets see who Arrow Global LTD sell this one onto this time.
  2. I question every DCA letter that has come through the door for my partner. Out of 6 DCA's only one was actully genuine. One i got forced to remove the default from the credit file and we were awarded costs, buy getting the The financail Ombudsman involved and all the others gave up just because they were not able to provide us with the proof. The only one that was genuine still would'nt provide us with any proof so i went direct to Phil Bentley of british gas and made a formal complaint and he and his team provided us with the proof needed, so the DCA got paid and we gat a £25 M&S voucher off the DCA, so bonus. Your right, everybody should always fight these idiots and get proof, also forward everything on to the OFT and The Financial Ombudsman. I realy go to town with them with my letters. Full of legal bumph and excerts from the OFT's Guidlines, but at the end of the day they are the ones who have to provide you/me with the proof and not the other way round. I love to kick their asses
  3. If im honest DonkeyB. I just love the satisfaction of kicking there asses, plus i sometimes do get money out of them and i love the challange.
  4. Hey KaptRoger Im currently dealing with Clarity and im havin so much fun with them as i do with all DCA's that have tried to persue my partner for no existant debts. The debt in question was persued by wescot in 2011 and after they could get the information that i had requested from their client Arrow Global limited, wescot finaly gave in and sent a letter of appoligy and had returned the debt back to there client, So just in november 2012 Clarity send the usal 1st letter and then the letter which tells you what they are after on an alleged debt that is owed. This time they included the original lender which was HSBC along with a sort code and account number and this is where they have slipped up. I sent the usal CCA request and they sent a letter back saying that there client want the usal £1 fee and then they would send me the proof. Now Clarity in there incompatence made a few couple of mistakes. firstly i had requested that all letter be addressed Care of and secondly the letter started off with a different surname, so with this i declined to pay the £1 fee based on Clarity not fully complying with my requests and the mistakes they had made. So i waited an then i got the exact same letter but with the surname changed and still asking for the £1 fee, but no appoligy for there incomapatence, so again i wrote to them saying that they had now passed the 14 days and that they shud bugger off and explain to there client as to why their request for the £1 fee was refused. I then got a letter this time appoligising for the mistakes and that there client was within there rights to seek £1 fee, which i am fully aware of the CCA guidlines. I did some investigating myself into the Account number and sort code, because as you know each sort code is unige to each branch, so contacted HSBC and asked them to tell me which branch it was attached to and to my supprise it was not even a local branch, so i asked HSBC if i was to apply for any of there products and i had an HSBC account in default would this show up and the answer was yes. Also i check my credit files every month and can trace back my financal history as far back as 2002/4 and not mention of HSBC. So i wrote back and explained that Clarity need to provide me with proof that the alleged default exists and provide me with the original default letter from HSBC and Proof of last payment and contact, including any contact made within the last 6 Years. I also pointed out to them that they should already be in possesion of some if not all of the infromation that should provide the proof need to legally attempt to collect. I have sent all copies of letters to the Financial Ombudsman and the OFT including the letters from Wescot, because as i pointed to the OFT and The Financial Ombudsman that seems to be some discrepencies with reference numbers. Oh yeah, the nail in Clarity's coffin is that i am an HSBC account holder and have been since 2008 and only have and ever have had 2 accounts and they are both used, so im interested to know how i can have a default on an account i dont have and never have had, due to the fact its in another part the of the UK and im born an bread in the city i live in. All i can say is always put the ball in there court. They are the ones that have to prove you owe the default in the first place and do you own investiagtion and use the evidence against them. Never admit always deny. Send all copies of the various governing bodies and keep all records of postage. Ive sent them an invoice for every letter sent and postage including letters sent to the OFT ect. I love dealing with these idiots. I have compensation out of two DCA's. One was forced to pay me and remove the default from my partners file by the Finacial Ombusman. So far out of 6 DCA's only one was Genuine. Give them hell. Hope this helps you and anyone else who has dealings with Clarity or any others. Happyphil:whoo:
  5. Hi Guys. I spent a yr dealing with Robinson way with letters going back and forth with a lady called Sue williams claiming she had recordings of admition to owing a debt. They are not worth worring about. I went all the way with these guys and with the help of the Financial Ombudsman who ruled in my favour i got compensation from Robinson Way and a default removed from the credit file. Its worth going all the way with any DCA. Send copies of every letter to the OFT and the Financial Ombudsman to help them build up a case agaisnt these plonkers. In the last year 5 Debt Agency's have backed down and closed the accounts. Hopefully my success's will give hope to others. Happyphil
  6. If you feel that you have been treated unfairly by Robinson Way limited and that you feel that you have been harassed by them then complain to the Financail Ombudsman and OFT and make a formal complaint. It is worth it. I made a formal complaint against Robinson Way Limited and won. Got some compo and they were forced to remove the default from the credit file. I also made a formal complaint to the OFT and they ruled that ALL information was relevent wether it be either a credit agreement or a service ie; mobile phone or utilities in all case's where proof is requested that the alleged debt exists. If a debt company cannot prove it within the time frame allowed, then you can assume the debt dose not exist or is Statute Barred and its just a company trying to make a quick buck by idle threats. Happyphil
  7. Hey Guys Just been reading some of the posts with regards to Robbers way and there door step challange. Any DCA that has had no prior consent from the debtor to make a doorstep visit is in breach of the OFT ’s Guidance on sections 77, 78, 79 of the Consumer Credit Act 1974 - the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement. If the debtor has disputed any such alleged debt being owed to the DCA in question then the DCA has no legal rights to carry such action.. This could be seen as harrassment . Ive had dealings with Robinson Way Limited and also find it strange that they have sent someone out. Do not give in to these idiots. Collect all the evidence and send all copies of your letters and there letters including any copies of phone bills and send them to the OFT and The Financail Ombudsman and make it a formal complaint. Inform Robinson way limited of your intent and inform them that you will no longer have any contact with them until you have had a response from the OFT and The Financail Ombudsman. If you disputed any such debt right from the start, then this will go in your favour. If they keep sending you letters threatening you with anything, send copies of these off to add wait to your complaint. Keep up the good fight Happyphil
  8. Hey Guys. Ive had dealings with fredrickson with regards to a carphonewarehouse alleged debt. I just kept asking for proof that they had been assigned the debt and signed contract. They kept saying that no contract was available due to the fact that this type of account did not require a signed contract. Strange that, because i have a signed contract with my current provider .I sent a letter , they sent a letter. I sent all copies of the letters to the OFT, ICO and the finacial Ombudsman and after nearly 2 months of not hearing from Fredrickson i finaly got the letter i knew i would get from a rogue debt collection agency. the letter confirming that they are no longer instructed to collect the debt on behalf of there client. Be persistant and just send everything off in a formal complaint against the company. If they do not send you proof within the allocated time frame as set out in the OFT'sGuidance on sections 77, 78, 79 of the Consumer Credit Act 1974 - the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement. Check you credit file. If an alleged debt dose not show on your full credit report then it never existed, also it will show if they have searched you files to gather info. All they do is send letters out to every one with the same name on the off chance that some poor unsuspecting person will just pay them because they are scared of what might happen. I have so much fun sending these idiots letters and waiting to see what i get back. It gives me a sense of power. Keep the fight up Happyphil
  9. Hi mady I’ve been dealing with fredrickson since last oct/nov on behalf of my partner with regards to a old phone debt and to date they have failed to provide me with any proof the debt exists and if they are the true assigned agency to collect the debt. I’ve had the letter before action letter and then the day after I had the apology letter saying sorry for the letter before action letter, but its to late as they messed up by sending that out whilst the debt is in dispute. I’ve not heard a peep from them since January after I sent all copies of letters to the OFT, Financial Ombudsman service and the ICO and asking all 3 to look into there non-compliance of the OFT’s Guidance on sections 77, 78, 79 of the Consumer Credit Act 1974 - the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement. Every time you get a letter from them and they have sent no proof debt exists, or that they have been assigned the debt , just write back to them saying that they are in Non-compliance with the OFT and the that the you have knowledge of the debt and that it is still in dispute until such time as they provide you with the proof. Hit back at them every time, show them that it is you that is in control of the situation. If you have had no proof then complain the Information Commissioners office and the Financial Ombudsman service. Build up a case and then send copies and make a formal complaint. You have a right to know if its a genuine default or them just chasing in the hope that you will eventually be scared enough to pay them. Your not alone and sadly a lot of people fall for the scare tactics of these rogue plonkers who prey on the venerable. Good luck Happy Phil
  10. Ahhh thats interesting to know.i love to learn and the more i hear and read about some of the tactics they use helps me and Lowell Finance and wescot have felt the full force of me. Lowell finance backed down when it turned out that their info and ref and account numbers did not match anything that HBOS had and HBOS had no knowlage of any debt owed to them, and wescot backed down an closed the account and appoligised for any inconvenence caused, but Robinson Way could be a battle. Thanks for the Info
  11. Hi Sillygirl1 Even though she was not in default, had'nt missed a payment and paid the bill in question on time?
  12. Not heard of them. will have to look into them. they can pass it on to as many as they like, they wont get a penny. Is it worth sending a CCa letter to Next just out of curiosity, just because my partner paid off her next account bout 5yrs ago after her last break up, paid over the phone with her debit card and it all went through ok and has had no letter from next saying that payment did'nt go through or that she was in default. I like to have all the facts and my misses was not good at keeping any recorlds of accounts. Cheers
  13. Happy new year to you all and the Robinson way pantomine is still making me laugh. Today we recieved a letter from Robinson way saying that our claim that the debt that they claim is owed and we say in unenforcable due to lack of proof is an enforcable debt and the printed of Next Terms and Conditions that has no name or an address on is sufficient proof that we owe the debt. I did point out to Robinson Way that they had exceeded the time frame 14 days given by the CCA and that they had still not provided any proof of debt or assignment of debt to them from Next. If they cannot provided me with the proof in the 6 months it took them to reply to our CCA letter than they obviously dont have any info to prove otherwise. They have said we should make payment within 14 days or further action will be taken. Oh no we wont lol:lol: Is this normal for Robinson Way to totally disregard the Law. All im gona do now is wait and see what bullsxxt they come up with next, but in the mean time ile gather all my letters and evidence just in case they want a fight. Happyphil
  14. Well guys you do have to laugh at Robinson Way in how they do things. They have to be the biggest Idiots of them all. In march of this yr we had a letter from them with regards to my partners old next account which she is sure she paid but may of bin a late payment and next themselves are not sure as the account is now closed as it is prob 5yrs old. So in march i sent out the usal cca letter asking for the usal credit aggreement and got the usal reply saying that with this type of account that there is not credit aggreement even though you have items on a credit account and have 30 days to pay. Well the the 14days was up and no signed credit agreement,so i sent out the 2nd letter say that they had no complied with my cca request and that they are fibbers, so i was supprised yesterday to have a letter land on the mat from Robinson way with inside a photo copy of a next credit agreement and guess what, there's no name or address and no signiture. They say that this is the signed credit agreement that i requested. How can that be when there is no signiture. Has anyone else had this with regards to Robinson way. Its a 1st for as others just give up. How can they say that this is a signed agreement and this has be baffeled in how im going to respond to them. Any tips guys. cheers happyphil:lol:
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