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Rob Way don't want to deal with my alleged Sainsburys Visa Debt since I sent CCA


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Sent a CCA request in early July and Robinson Way have finally replied that they are closing their files and that I should liaise direct with Sainsburys Visa as they want no more to do with it.

 

What would my next step be? I am thinking either wait until Sainsbury Bank or another DCA contact me and CCA them again or just CCA Sainsburys Bank direct.

 

Any advice appreciated...

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No they still have my £1 so they are living up to their name.

Write to them demanding the return of your £1. That will really pee them off. If they dont return it you could always report them to a DCA.

 

It will cost them more than a quid to write a cheque for you.

 

GO ON you know you want to wind them up

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  • 4 weeks later...

Well it would appear the Wescott are now on the case. I'm not 100% certain as Wescott are being real secretive about who they are collecting on behalf of but the amounts tie up. Not sure whether to CCA them or send them a letter telling them to feck off because I'd already CCA'd Rob Way and they should have passed that on to Sainsburys Bank/BoS. As Rob Way never returned by £1 postal order maybe I should CCA them without the £1 and tell them to collect it from Rob Way. After all, they are debt collectors so they should be able to figure out how to get £1 from someone...

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Tell Wescott that as there is an outstanding CCA request they can consider the account as in dispute, and as such any collection action would be in breach of OFT guidelines on unfair business practice.

 

If they have any queries they should contact RobbingScum Way.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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How does this sound?

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

In reference to your recent communication on this matter, I am writing to inform you that this account is currently in dispute as I am awaiting a true copy of the original credit agreement which I requested from Robinson Way on 7 July 2007. In fact, despite two further requests to Robinson Way on 19 July and 7 September, they were unable to supply any information regarding this alleged debt and Robinson Way wrote to inform me that they would no longer be dealing with this matter.

I therefore suggest that you get back in touch with your client and inform them that they have been in criminal default of the Consumer Credit Act 1974 since 24 August 2007 and that any collection action (including your recent letter) is therefore in breach of the OFT guidelines.

 

 

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

 

1.
True copy of original credit agreement

2.
Statement of account

3.
Copy of the executed deed of assignment (if the debt has been purchased)

4.
Fair Processing Notice.

Please note that telephone calls and personal visits will not be accepted and will be viewed as harassment and that I do not expect any further action regarding this matter until you have fully complied with my request under the Consumer Credit Act 1974 for a true copy of the original credit agreement.

 

 

Yours faithfully

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I would keep the letter to Wescot very short:

 

I do not acknowledge any debt to you or any company you claim to represent. Since your client, and the debt collection agency they previously used, remain in default of a request made under the Consumer Credit Act 1974 for a copy of the credit agreement, I am not sure why you have contacted me.

 

Additionally, your client failed to inform me that the matter was being placed in your hands, which is a breach of the OFT guidelines on debt collection.

 

Yours faithfully

 

Wescot will respond either by telling you they've passed it back to their client, or with a standard letter telling you they've put it on hold while they investigate. There's no need to CCA them now.

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Completely agree with SP. ;)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

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  • 4 weeks later...

Wescott finally got round to replying today. They say that as I do not acknowledge the debt, their client (BOS/Sainsburys Visa) require that I provide my date of birth, previous addresses and dates of occupation of these addresses.

 

As they are still in default of my CCA request - In fact, Sainsburys have been since 15 September! - I am thinking I'd just write back telling them that they should already have my date of birth on the properly executed credit agreement and that they should have my previous address(es) on file already.

 

Any thoughts?

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They seem happy enough to send threats and demands to you at your present address. There is nothing in the legislation to state that you have to supply them with this information. They are stalling for time. Meanwhile the clock ticks onward.

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Agree Strongly With

 

Curlyben

 

ODC

 

Do not CCA BOS/Sains and do not send any documents they are asking for.

 

Its now a waiting game!

 

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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It seems fairly obvious that Sainsburys havent got a CCA

 

Don't forget that some DCA's don't even bother to ask the OC, they just return the debt to the OC since their contract of assignment includes a fee for asking for documents, while returning the account is free and lets them concentrate on people who are not aware of their legal rights... Some DCA's seem to see it as an economic decision not to bother with awkward S.O.B's who ask for credit agreements, as they make more money harassing... i mean, collecting from... people who don't know their rights.

 

It is quite possible Sainsburys do have a CCA, they do seem to be reasonably good at producing them.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Don't forget that some DCA's don't even bother to ask the OC, they just return the debt to the OC since their contract of assignment includes a fee for asking for documents, while returning the account is free and lets them concentrate on people who are not aware of their legal rights... Some DCA's seem to see it as an economic decision not to bother with awkward S.O.B's who ask for credit agreements, as they make more money harassing... i mean, collecting from... people who don't know their rights.

 

It is quite possible Sainsburys do have a CCA, they do seem to be reasonably good at producing them.

I see what you are saying. What is the legal position regarding another DCA chasing this money when RWC failed to produce the CCA when requested. Who should be reported to TS. RWC for failing to supply CCA. Sainsburys for passing debt on whilst RWC was in default. Westcot for chasing disputed debt because of no CCA. Please tell me all 3:D

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Report all of the above to Trading Standards as a first move.

 

The write to Sainsbury's Bank (aren't they part of one of the larger banks like RBS and just trading as Sainsburys?) and Robinsons and asking for details of their complaints procedure. In the letter to Sainsbury's remind them they are just as responsible as their ****** debt collectors in this matter.

 

If they send details of the process follow it to conclusion. If unhappy at the end file a complaint to the Financial Ombudsman.

 

Ignore Westcott until they start making absolute twits of themselves and then slap them down with the feck off letter.

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Going to be sending the following by recorded delivery tomorrow:

 

I acknowledge receipt of your letter dated 1 November 2007 which I received recently.

I refer to my previous letter sent to you on xx October where I explained that your client is in default of my request under the Consumer Credit Act 1974 and has been for some considerable time.

 

The original request was sent to Robinson Way and Company who were acting on behalf of your client on 7 July 2007 by recorded delivery and postal records show it was delivered on 10 July 2007. In this letter, I requested a true copy of the alleged credit agreement as is my right under the provisions laid out by the Consumer Credit Act 1974 (Sections 77-78 ).

 

Since your client has chosen to ignore my request, I wish to advise you that on 24th August 2007 your client committed an offence as per Section 77(4)(b) of the Consumer Credit Act 1974. I also wish to advise you that, as per Section 77(4)(a) of the Consumer Credit Act 1974 your client is not now legally entitled to enforce the alleged agreement either directly or through a third party such as yourselves.

 

From this date onward, any further communication initiated by your client either directly or through a third party in which they continue to allege I am in their debt will be considered harassment (as per section 40(1) of the Administration of Justice Act 1970).

 

As your client is unable to supply any evidence that the alleged debt is mine, they will have also breached the Data Protection Act by processing any data related to me. This is also true for any third party (such as yourselves) acting on their behalf.

 

I am therefore giving you FOURTEEN DAYS from the date you receive this letter to confirm to me IN WRITING that:

 

You and your client are no longer processing any data related to me.

You and your client have removed any data related to me from databases maintained by Experian, Equifax and all other credit reference agencies.

There will be no further communication regarding this alleged debt.

 

If you do not comply with my wishes in these regards, I intend to make formal complaints regarding your business conduct to the Office of Fair Trading, Trading Standards, the Financial Ombudsman Service and the Information Commissioner’s Office.

Yours faithfully

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  • 3 months later...

Well it's been a while :) 3 more DCA's later and 8 months and I finally get something which they claim is a credit agreement but is actually only an application form. It doesn't mention any credit limit, interest rate and is only signed by myself.

 

Going to draft a reply stating that it does not contain the prescribed terms and is therefore not legally enforceable and go from there I think.

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  • 9 months later...
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