Robinson, Way & Company ltd

[ODC]

The CCA overides the Law of Property Act. The agreement you may or may not have signed would have been governed under the CCA,

 

Diskmandave is the expert on RWC and the Law of Property ploy. Have a look at this

 

You don't need to repond to their letter. By simple assignee they mean an equitable assignment of the debt, this is where the right to collect only passes and not the obligations of the creditor. This type of assignment is often used to buy debts. Their letter hopes that you are ignorant of the law. The section of the LoP that they refer to does not apply as it is for an absolute assignment whereby all rights pass to the new owner (if you're in Scotland it never applied anyway as it's an English Act).

Quote:

136. Legal assignments of things in action.- (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-

(a) that the assignment is disputed by the assignor or any person claiming under him; or

(b) of any other opposing or conflicting claims to such debt or thing in action;

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.

 

(2) This section does not affect the provisions of the Policies of Assurance Act, 1867.

 

 

 

 

Absolutely nothing. It's the standard rubbish from RW which contradicts itself. They are saying that they have been assigned by an eqitable assignment and then go on to quote The LoP which is for absolute assignments (where the rights and duties have passed by assignment). The LoP doesn't apply anyway as this is regulated by the CCA. Either way they are still in default and no amount of wriggling will get them out of that fact.

You made a legal request for your CCA and enclosed the Statutory fee. RWC are in DEFAULT and have in fact commited a criminal offence. Your request still stands no matter what they do with the cheque

[ODC]

Here is a good response to them from CB

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

 

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

And

 

(b) If the default continues for one month he commits an offence.

 

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

BLAH

[ODC]

Bet its lots of waffle about the Law of Property Act

[ODC]

Assuming that the agreement they sent you is properly executed and contaims all the prescribed terms -

 

DO NOT COMPLETE A DIRECT DEBIT. Use a standing order instead as you can control the monthly amount. If you are is a position to pay a lump sum then I would WRITE to them and ask for a full and final settlement figure. If you cannot afford a lump sum then make them an offer of a monthly figure that you are comfortable with and do not budge from this. Tell them NEVER to phone you as the manners of their telephone operators are appalling and that you will only deal with them in writing.

[ODC]

They may well NOT have the original. This may be a microfiched copy that MBNA have faxed to RWC. In any event it must be readble. I suggest you tell RWC that you cannot read it and ask again for a copy of THE ORIGINAL