Robinson way calling everday

[clericvash]

I apparently owe paypal about £43.

 

I asked him to send in a letter detailing how i owe it and to not phone me, he said "we don't have a customer service department" which was avoiding what i asked.

 

The guy on the phone was arrogant and rude towards me.

 

He said the time to settle it is up, but later in the call asked if i wish to settle or not :S.

 

What to do?

[tiglet]

Send them the telephone harrassment letter and state you want everything in writing. if they phone again, simply refuse to confirm your personal deetails and say "in writing please" and then hang up.

[MilkTrayMan]

Here is the letter that U need to send clericvash...

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Best of Luck!...

[clericvash]

Thanks guys, i will send that, they said they are going to take further action, but since they won't send me in writing when i ask and they say they don't even have customer service, can they really do much?

 

Is it legal for them to take me to court if they cannot even send me in exact detail how and why i owe the debt? The only bits i have received from them are demand payment letters, but they won't tell what it is for at all.

[MilkTrayMan]

..Is it legal for them to take me to court if they cannot even send me in exact detail how and why i owe the debt? The only bits i have received from them are demand payment letters, but they won't tell what it is for at all.

The following Post will give U the gist of the legalities involved...

http://www.consumeractiongroup.co.uk/forum/show-post/post-1242538.html

...I would advise U to do some more research before U start taking your DCA on in ernest...

[clericvash]

Well i asked them on the fone to provide me with all the information and they basically said they cannot, thanks for the great post.

[tiglet]

This is breach of OFT guidelines on debt collection - refusing to give information on the debt.

 

i would suggest contacting your local TS and reporting them.

[MilkTrayMan]

...refusing to give information on the debt.

But I haven't refused to give the OP information about debt tiglet?!...pmsl...

 

 

 

 

...i would suggest contacting your local TS and reporting them.

Whooa tigger!

The OP needs to gen up on the basics first.

Sending the CCA 1974 Request should be his/her first step + the results of which, will determine his/her next step after that...

[tiglet]

It depends on what the debt is for as to whether it's covered by the CCA - as OP has mentioned paypal, I acn't see how the CCA is relevant.

 

The fact that RW have refused to provide information on the debt is a breach of OFT guidelines 2.2 e, which should be reported in order to get the OP assistance from TS in obtaining information from RW.

[ODC]

A CCA letter would be of no use in this case. Send this to RWC

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

Amend to suit

[clericvash]

Thanks a lot guys, they have stopped calling as far as i am aware after they refused to give me in exact detail where the debt is from.

 

Had another company ring me now that began with I, the women sounds moody, infact sounds exactly the same as one of the people from Robinson Way. I asked them to send in writing, so they put the phone down on me.

 

If they cannot provide me with exact details how, where and why i owe the debt, then they cannot do anything really. All they say is i owe paypal it, well if i do, prove it...then they get all huffy.

[wildheart83]

Hi, I'm having the same problem with RW&Co regarding an alleged paypal debt of £50. I sent the CCA letter and they sent a letter back saying "there is no agreement, the terms and conditions are on paypal's site now cough up". They've tried to call me a few times but i've always missed the call and they only have my mobile number for the moment.

I've just sent the template letter that ODC posted so we'll see what they say to that.

Good luck and keep us posted on the goings on with this bunch.

[clericvash]

Thing is though, can an internet agreements really be dealt with by law since you don't actually sign anything.

 

Ps. I will send the letters to them and see what they say, will take me a while to get round to it though.

[MilkTrayMan]

...I would advise U to do some more research before U start taking your DCA on in ernest...

My advice still holds good!...

[tiglet]

Sorry guys, but it just isn't covered by the CCA - send as many as you want, it just isn't.

 

You are far better off disputing the debt on it's own merits, including unlawful charges, the charge-back of paypal etc. The CCA route just will not cut it on these types of debt, I'm afraid.

[tomterm8]

Sorry guys, but it just isn't covered by the CCA - send as many as you want, it just isn't.

.

 

correct.

[tomterm8]

Thing is though, can an internet agreements really be dealt with by law since you don't actually sign anything.

 

Ps. I will send the letters to them and see what they say, will take me a while to get round to it though.

 

yes, an internet agreement can be enforceable by law.

 

in this case, I wonder if the OP would be better off explaining why he/she believes he/she doesn't owe the money?

[rory32]

As previous posters have stated I'm afraid that the alledged paypal debt is not covered by The Consumer Credit Act.

[clericvash]

I don't beleive i owe it as paypal took money from my account, then refunded the buyer with money that didn't exist because they took the money. I rang them up and they explained me round in circles to try and defer me.

 

So i don't see how i owe them the debt.

 

I now have a letter from Horwich Farrelly solicitors, saying there going to taker court action, what can i do?! I have asked robinson way to prove in detail in letter form how and why i owe the debt but they won't!

[tiglet]

Have you spoken to TS as yet?

[ODC]

Have Horwich Farrelly actually said that they ARE taking you to court or that they MAY. If they are definately taking you to Court they are legally obliged to supply you with all documentation they rely on in Court. Rob Way should not have passed this alleged debt on whilst it was in dispute. But hey its Rob Way and they are not the sharpest knives in the drawer

[clericvash]

What exactly is TS? And how do i contact them?

 

The solicitors have "advised" them to commence court action against me. And they are asking for employment details, income and expenditure and anything else relevant.

[tiglet]

Trading Standards - the local one for RW is Manchester but it would be worthwhile contacting your own as well - look in the phone book or look at yellow pages.

[clericvash]

And what exactly do i say to trading standards?

 

And surely they can't do anything against me, i have asked them to detail exactly how, why and from when i owed the debt and there reply was "we don't have a customer service department" and told me i know exactly why i owe it.

[tiglet]

For that very reason - they are harrassing you and failing to provide and proof of the debt, but still expect you to pay. They are pursuing you for an in dispute account and TS should tell them to back off on your behalf.