'Robinson way doing my head in!!

[doingmyheadin]

Try and make this short. Debt with Halifax CC, which i had been paying at £14 per month under agreement-(missed a few payments due to illness) passed to Robinson Way who sent letter 16/10/07 demanding payment of full debt.Phoned them 5/11/07 (i know i shudnt) asking to put me back on same plan as halifax but they said no, would have to be at least £80 per month, to which I said sing on!! Then got the 'Notice of Legal Proceedings' letter then another demand for full payment etc. Sent my CCA request on 20/11/07 which they signed for on 21/11/07. I then received the 'security telemessage' letter saying about activity on the account giving cause for concern blah blah blah.

Now this morning I have received the 'we have taken the £1 (my CCA request P.O.) of my account but the rest is still owed....

 

From reading on here I take it I should just ignore them now until the pass the 12 working day (CCA received and signed for on 21/11/07 so i calculate 6/12/07 as the day the have broke the rules o the CCA) rule were they will have 'defaulted', for use of a better word, on the CCA request and the wait the further 30 working days before they commit a criminal offence.

 

Just looking some reassurance as to what I have done, even though I have read and read on this site it would be nice to have someone confirm everything so far.

 

Sorry for being long winded but I got carried away lol

 

Thanks in advance

[spamheed]

absolutely spot on, they are now obliged to supply you with the document, they can squeal and squirm all they like, but they are still under that legal obligation.

 

until they provide the CCA, how do you even know that they are the legal creditor?

 

they could be some fly by night company trying it on.

[doingmyheadin]

Thanks Spamheed... Its all I can do to stop myself phoning them up to talk to the cheeky person that told me to pay £80 per month...I have never spoke with anyone as rude as that woman...hope shes the one sending me the letters cos now she knows she pi**ed of the wrong boy!! I wont be phoning them of course cos they dont have my number and Im not gona give them the chance to get it and torture me...so I'll just sit back and prey the come up with nothing...bit excited actually lol:lol:

[spamheed]

Thats the way they work.

I read a very interesting thread on here where someone explained the pyschological approach they use, they try to take the superior role, ie mother/child

 

best way to think of them is a robbing s*d who is trying to make a quick win, they're on commission, the more they make and the quicker they make it, the better it is from their perspective. deceipt is part of their jobtitle.

 

if they call you, don't entertain them, don't answer their security questions at all, in fact ask them some of your own, but dont talk to them on the phone, insits that they put all communications in writing, that way they can't deny it all later.

 

just remember, you aren't alone, bear with it and post again if you hear any more or have any doubts, there's always someone who will be willing to help

[ODC]

Bet the Notice of Legal Proceedings threatomatic had the immotal words.

This is not a court Document (even though its designed to look like one) and the even stupider Valid even if not read by you.

 

Doingmyheadin you have to realise that you are dealing with IDIOTS very greedy IDIOTS

[doingmyheadin]

Dont worry spamheed I have a list of security questions to ask from this site should they get my number lol I really am not that worried at mo but it would be nice to get to the end of the 30 day part with no reply if you know what I mean...but i would love the chance to pi** that girl off that I phoned originally ha ha ....

 

Thanks for the support, I shall update as go along....

[doingmyheadin]

'Bet the Notice of Legal Proceedings threatomatic had the immotal words.

This is not a court Document (even though its designed to look like one) and the even stupider Valid even if not read by you.

 

Doingmyheadin you have to realise that you are dealing with IDIOTS very greedy IDIOTS'

 

You spot on ODC....but then i knew you would be from reading previous posts....read it, digested it and disregarded it!!! (in my folder though for the future) ....good to have you on board and shall keep you updated as well as we dilly dally along, waiting for the next dungbag letter!!!

[doingmyheadin]

quick update....got the 'we received your £1 payment and have taken it from your balance but you still owe £****' ....they seem to be just following the same old format that I have read about on here!! This of course is happy days as it seems to say they dont have the goods and are just clutching at straws.....still sitting back and waiting......yo never know lol

[ScarletPimpernel]

Robinson Way's staff regularly act in ways which convince me that they are cognitively disadvantaged. I suggest you send a formal complaint to Hayley Felton, Robinson Way's grandly-titled Complaints and Compliance Manager; her replies are masterful examples of the dangers of using cut-and-paste and template letters. She demonstrates such an inability to communicate fluently and grasp the issues that I suspect that what she lacks in palmar creases she makes up for with extra chromosomes.

[doingmyheadin]

Robinson Way's staff regularly act in ways which convince me that they are cognitively disadvantaged. I suggest you send a formal complaint to Hayley Felton, Robinson Way's grandly-titled Complaints and Compliance Manager; her replies are masterful examples of the dangers of using cut-and-paste and template letters. She demonstrates such an inability to communicate fluently and grasp the issues that I suspect that what she lacks in palmar creases she makes up for with extra chromosomes.

 

Thanks SP but I think im just gonna sit this out and see where it ends. They havent got my phone number so they have to write, which in itself must be frustrating them. If it turns out that they excede the timelimits I might just send them a thank you letter and not a complaint one

I have read your posts regarding these people with great glee and shall keep all informed. Thanks for dropping by and keep an eye for me in case I need some good advice. Thanks

[doingmyheadin]

just to keep you all posted Robbers way have just passed the 12 day date today....fantastic i think....could it be Xmas early....30 day countdown starting tomorrow.....not a letter or anything since the last one I mentioned!! Is it too good to be true????

[sillygirl1]

There you go, on your way to confusing this bunch of muppets. They really haven't got much sense, if any and rely on their threatomatic machines to do the work for them.

 

This is why they like to call people, it makes them think they have the upper hand.

[doingmyheadin]

There you go, on your way to confusing this bunch of muppets. They really haven't got much sense, if any and rely on their threatomatic machines to do the work for them.

 

This is why they like to call people, it makes them think they have the upper hand.

 

Thanks sillygirl...wots great is they dont have my number lol... so no upper hand and no threats...just chilling with a glass of wine and waiting for next letter..when i got into bother due to divorce i changed mobile and home phone number to avoid the 'machines' and its worked a treat..keep an eye on me in case i need some help...thanks for posting

[JayMilton]

My problem with Robinson Way is that they are sending letters to me (Mr & Surname only, no initial). I told them (e-mail - 5times) that the letter was addressed to Mr "Surname" and I as householder owed them or no-one any money whatsover. Despite sending these e-mails I get no acknowledgement whatsover.

 

There are other Mr "Surnames" in the house, but I do not feel that it is my responsibility to go asking if anyone has a debt with XXX. I simply do not want to know.

 

Any advice or should I give up

[ScarletPimpernel]

JayMilton - You should make a formal complaint to Robinson Way - send it to Hayley Felton, who is their complaints manager. She's hopeless, as you'd expect, but she appears to be the best they have. Your complaint should be that RW are breaching the OFT guidelines. The relevant section is:

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, threatening debt recovery

action to 'the occupier' or sending a payment demand to all people sharing

the same name/date of birth as a debtor in the hope that contact with the

correct debtor will be made.

b. disclosing debt details to an individual when it is uncertain that they are

the debtor in question

 

Send a letter by recorded delivery; RW, like many DCAs, appear to suffer from a particularly high rate of ordinary letters not being delivered. They don't seem very good at email, and anyway, they have longer tongues than most, just the thing for licking all those stripey envelopes (and windows, possibly).

[doingmyheadin]

just to keep you all posted Robbers way have just passed the 12 day date today....fantastic i think....could it be Xmas early....30 day countdown starting tomorrow.....not a letter or anything since the last one I mentioned!! Is it too good to be true????

 

Hi all again. Well hadnt heard anything from these people until yesterday morning ''thanking me for my offer of payment, which has been accepted''. Of course as a lot of you will know the offer of payment was my £1 fee for my CCA. Seems the have nowhere to go with this and just seem to be clutching at straws!!!

 

Is it time to send them a reminder of their responsibilities under the CCA or should I wait until the 30 calender days are up??? All thoughts welcome!!

[Timsta]

Wait, and hold onto that letter, it's evidence that you paid them for the CCA.

[ODC]

If they demand money from you after failing to comply with your legal request for a CCA then report them to Trading Standards as well as asking for a copy of their internal complaints procedure

[doingmyheadin]

Wait, and hold onto that letter, it's evidence that you paid them for the CCA.

 

Thanks Timsta...no fear, I always hang on to everything these days and assign to its own lovely folder!!!

[doingmyheadin]

If they demand money from you after failing to comply with your legal request for a CCA then report them to Trading Standards as well as asking for a copy of their internal complaints procedure

 

Cheers ODC and thanks for keeping an eye on me....will leave now until 30 days are up I think as, you know what, I'm just gonna sit back and enjoy Xmas cos last years was ruined by these DCA people:mad: !! This time they are actually making i better lol lol:) So you've got your festive gear on and Im away to get mine ha ha

[doingmyheadin]

Just back on now after a great Xmas and New Year. To update Robinson Way have just sent me another letter after the 30 days were up saying that I have failed to keep up with my £1 repayment plan (this was my £1 for the CCA, as a lot of you will be aware). Not worried about that but am going to report them to TS now. Would be garteful of any help with a template letter for this and a template for the letter to Robo Way to tell them to bog of and stop asking me for money on a debt they cannot prove they have a right to collect and to which they have not supplied the required CCA in the legal time frames. Any help would be great.

[siobhan1234]

Subscribing as they have started to call me too. I moved house recently and despite redirecting my mail, have not received a single one of the many communications they say they have sent me. I didn't acknowledge the debt but gave them my new address and asked them to communicate in writing (my intention is to CCA them) so that I could see what they were after and told them that I was only prepared to communicate in writing with them. If they call again tonight (which I fully expect they will try to do) I shall tell them to expect a telephone harassment letter. I am quite looking forward to see what happens now as I understand from most posts on here they're pretty incompetent. Good luck

[doingmyheadin]

Subscribing as they have started to call me too. I moved house recently and despite redirecting my mail, have not received a single one of the many communications they say they have sent me. I didn't acknowledge the debt but gave them my new address and asked them to communicate in writing (my intention is to CCA them) so that I could see what they were after and told them that I was only prepared to communicate in writing with them. If they call again tonight (which I fully expect they will try to do) I shall tell them to expect a telephone harassment letter. I am quite looking forward to see what happens now as I understand from most posts on here they're pretty incompetent. Good luck

 

Thanks Siobhan....get that CCA in the post and start the countdown...the sooner the better...allthe best to you to.

[ODC]

Just back on now after a great Xmas and New Year. To update Robinson Way have just sent me another letter after the 30 days were up saying that I have failed to keep up with my £1 repayment plan (this was my £1 for the CCA, as a lot of you will be aware). Not worried about that but am going to report them to TS now. Would be garteful of any help with a template letter for this and a template for the letter to Robo Way to tell them to bog of and stop asking me for money on a debt they cannot prove they have a right to collect and to which they have not supplied the required CCA in the legal time frames. Any help would be great.

You really dont need to send RWC anything. They are the so called professionals and are aware of the law. Report them directly to Trading Standards for non compliance. There is no template as such but just give TS a brief outline regarding dates and the letters received.

 

If you really want to write to RWC then try this (amend to suit)

 

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

[doingmyheadin]

You really dont need to send RWC anything. They are the so called professionals and are aware of the law. Report them directly to Trading Standards for non compliance. There is no template as such but just give TS a brief outline regarding dates and the letters received.

 

If you really want to write to RWC then try this (amend to suit)

 

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

 

Thanks ODC thats the letter i was looking for. Am going to send it to make them aware that i know what i am going on about , due to this site, and maybe they'll just stop sending any more letters. If they send more i will just save them and ignore but thought i would try at least. Shall report to TS next week as you suggest. thanks again.