Wally V Robinson Way - Help please

[ODC]

Hi everyone - I'm back!!

 

2 letters tday from our friends, both the same.

 

They are headed "Notice of legal Proceedings" Basically they want the full amount owed or they will issue Court proceedings.

 

I havent actually cancelled the £5 DD I have for these 2 accounts anyway so they are still receiving this.

 

Whats the next plan of action I should take?

 

Wally:confused:

Standard Robbers threatomatic. Read it again. Bet it says they MAY issue legal proceedings.

[tiglet]

I'll expect mine in the morning then - hope they're not leaving me out!

[clutchingatstraws]

Mine says they will if I dont pay.

 

I guess thats it then.

 

The'll be waving a crappy application form at the judge.

 

I'm sending them this as I've got a new ink cartridge.

 

Robinson Way and Company

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

 

Recorded Signed for Delivery

 

4 Pages

 

** October 2007

 

Notice of Intended Court Action

 

Acc ref: ******************

 

FORMAL REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

I Do Not Acknowledge any debt to your company.

 

Dear Sir

 

I have today received your letter dated ** ****** 2007 which purports to be a letter before action and threatens that legal proceedings will be issued after 7 days if no payment is made to the account .

 

I will not be making any payment to you.

 

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

 

On ** ******** 2007 your complaint and compliance Manager wrote to me and stated that your company “will not enter into further correspondence with me on this matter”, yet you still insist on sending out these system produced letters this is obviously intended to cause distress and harassment.

 

Please provide me with proof of your lawful right to claim any money from me and why you believe that you have any contractual right to be processing my personal data.

 

 

 

 

You are reminded.

 

You must not telephone me either at my home number or any of my employers numbers, any calls from you will be recorded and construed as harassment.

 

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

 

Take note that any implied right of access that may have existed to my residence and grounds is withdrawn from you and any of your agents apart from Royal Mail, to this effect, for you to send a door step collector will be considered trespass and harassment and you will be held liable and reported to the relevant authorities.

 

You have threatened that you may take court action against me;

 

I will be vigorously defending any court action.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules,

 

I am entitled in order to enable me to file a defence and counter-claim lawfully entitled to request specific information regarding the account, to be provided forthwith.

 

Given that you have stated that this matter may be subject to legal proceedings, if you decide to embark on this course of action, you are obliged to disclose under the rules, the following information and documents must be supplied to me as detailed below;

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

 

2. All records you hold on me relevant to this case, including but not limited to:

 

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

You have 10 days to comply.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim.

 

Note:

 

In my lawful request dated to you on ** ************* 2007 I clearly requested a true copy of the credit agreement relating to the account in dispute. A “true copy” means a first generation copy of the actual signed document.

 

This document should be readily available as proof of your or your clients legal right to collect this account.

 

Your failure to provide this documentation within the statutory time limits means you client have committed a summary criminal offence.

 

I will be highlighting this at any court hearing.

 

If you make arrangements for me to view the original documentation at one of your branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

 

I will immediately, after viewing, resume payments.

 

However due to the vexatious nature of your correspondence I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

 

Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £**.** per hour as part of my counterclaim against any action you or I may take.

 

 

 

I trust you will deal with this matter using all due diligence.

 

 

 

 

 

Kindest Regards

 

 

Cas

Robbed from various threads

[Wally]

Thanks for all your help and support.

 

I would gladly send them the letter posted by clutingatstraws but the only thing is they did send me copies of the actual origianl agreement I initially had. Does this make a difference:confused:

 

I am just about coming out of bad credit rating etc on my credit file and I dont want this to upset everything again.

Also as I have carried on paying them each month as agreed why are they threatening me?

I'm really not sure what I should be doing next.

Wally:(

[clutchingatstraws]

Are you absolutely sure what they sent is kosher, an application form rarely is.

 

Try scanning them up again.

 

These people are bullies and they are just turning up the heat.

 

Cas

[tiglet]

Yup, I agree - I just got my letter - notice of intended legal proceedings - even though they haven't produced a CCA, haven't got a CCA and they know that I know this.

[Wally]

I can't scan them in as I dont have a scanner - one that works !!

 

Anyway on looking closley they are a copy of the application forms which I filled in and signed several years ago.

 

So - should I just send the above letter but carry on with the £5 dd?

[ODC]

Cancel the DD as they are in default of your request for a CCA

[clutchingatstraws]

Never use direct debit with any DCA.

 

They could claim £500 or £5,000.

 

Standing orders only

[Wally]

Ok thanks

That letters going off ASAP and DD's cancelled:)

[clutchingatstraws]

After a while you get a disturbing feeling of pleasure when you reply to these idiots.

 

When they send the threats post them up, It makes my day.

[Wally]

What is really funny is that they have made up their own Notice of Assignment saying they are th administrator and owner of the debt:rolleyes:

 

Do they think we where all born yesterday??

 

Anyway off to write to the lovely Rebecca Cooper, she must get alot of love letters:D

[Wally]

Ok how does this sound chaps? - I have edited a few bits:)

 

 

Robinson Way and Company

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY27th October 2007

 

 

 

Notice of Intended Court Action

 

Acc ref: ***********

 

FORMAL REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

I Do Not Acknowledge any debt to your company.

 

Dear Sir

 

I have today received your letter dated 22nd Ocober 2007 which purports to be a letter before action and threatens that legal proceedings will be issued after 7 days if no payment is made to the account .

 

I will not be making any payment to you.

 

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

 

Please provide me with proof of your lawful right to claim any money from me and why you believe that you have any contractual right to be processing my personal data. A copy of a “Card request Form” is notacceptable as proof of ownership of the account in a Court of Law.

 

You are reminded.

 

You must not telephone me either at my home number or any of my employers numbers, any calls from you will be recorded and construed as harassment.

 

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

 

You have threatened that you may take court action against me;

 

I will be vigorously defending any court action.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules,

 

I am entitled in order to enable me to file a defence and counter-claim lawfully entitled to request specific information regarding the account, to be provided forthwith.

 

Given that you have stated that this matter may be subject to legal proceedings, if you decide to embark on this course of action, you are obliged to disclose under the rules, the following information and documents must be supplied to me as detailed below;

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

You have 10 days to comply.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim.

 

Note:

 

In my lawful request dated to you on 20th September 2007 I clearly requested a true copy of the credit agreement relating to the account in dispute. A “true copy” means a first generation copy of the actual signed document.

 

This document should be readily available as proof of your or your clients legal right to collect this account.

 

Your failure to provide this documentation within the statutory time limits means you have committed a summary criminal offence.

 

I will be highlighting this at any court hearing.

 

If you make arrangements for me to view the original documentation at one of your branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

 

I will immediately, after viewing, resume payments.

 

However due to the vexatious nature of your correspondence I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

 

Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £25 per hour as part of my counterclaim against any action you or I may take.

 

I trust you will deal with this matter using all due diligence.

[Curlyben]

Go for it wally.

[Wally]

Thanks Curlyben - I was hoping you'd drop in:D

 

Luv Wallyx

[clutchingatstraws]

Nice one Wally.

 

They are persistant so don't expect them to give up soon.

 

Cas

[Wally]

Thanks Cas

I'll keep you posted

 

Wallyx

[Wally]

Hi everyone

Had a nice suprise in the post last night - large thick brown envelope full of all my statements from the day I opened up the Credit Card account.

All it said was they where enclosing the statements as asked for by me:confused:

 

Does this now proove that I do actually pay them??

[ODC]

Have they actually produced a properly executed CCA agreement yet

[Wally]

No they havent - they seem to have sent everything but that!!

[Wally]

Has anyone any advice for me - Pleeeeeeese

[ODC]

Wait until they next make a demand for money then report them to TS for non compliance of your CCA request

[spamheed]

they are trying to pursue monies based on the terms and conditions of a written contract (namely the CCA)

 

without this document, there is no contract, nor anything for them to pursue. they hold no legal right to collect without the CCA

 

Failing to produce the document is also a breach of the law

 

You are waiting for them to provide you with the document, or concede there isn't one.

 

They can send you anything they want, but without that document, its just so much toilet paper

[clericvash]

They are after me too, they sent me a letter that said if i don't pay on the 15th they will pursue legal action. it's now the 30th and all i have by 15 days later is some solicitor telling me they have advised RW to take legal action, and i can still avoid it by paying.

 

I asked them on the phone to send in detail how, why and when i owe this debt and they said "we don't have a customer service department" so i gave them some stick and the guy got real assay thinking he knows what hes doing acting all smug.

 

These guys are a bunch of idiots!!

[spamheed]

simplest way to deal with them is in writing

 

that way:

you dont get annoyed

if they lie to you it's in writing and admissable in court.

 

Think about it, if nobody is calling them or speaking to them on the phone, what is the point in having an expensive callcentre. eventually if everyone played the game. all of those annoying little tw*ts would be out of work

 

I find telling them quite loudly to flip off and pointblank refuse to answer their security questions gets the required response