Robinson Way - Query

[BurnCK]

Ive recently had Robinson way contact me about a debt from a couple of years back.

 

I agreed to make payments but first requested a copy of the original Credit Agreement to which they said that I would have to contact the original lender ?

I was told that it was not there responsibility to provide the Agreement as they had not bought the debt and were only acting on behalf on the original lender and they could pass the debt back to them at anytime.

Is this right ?

 

Surely if they are the ones requesting payment then it is there responsibility to provide me with a copy of the Agreement.

All they said they would send me is a statement with the outstanding balance.

 

Can anyone advise me ?

Do I have to chase the original lender or am I being fed a load of crap ?

 

Thanks

[ODC]

Sorry but it is RWCs duty to pass your request on to the original lender. S175 of the CCA1974 I think. You really need to make your application in writing, enclosing £1 which is the Statutory Fee and send it recorded delivery without signing the request

 

There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

 

[Timsta]

It may be *provided* by the original lender, but you can and should still request it from them. If they are allowed to collect on the debt, then they will be able to get it. They have an obligation under the CCA to fulfil your request.

 

Send them the request (don't sign it with your usual signature) and a £1 postal order, they can forward the request on to the original creditor themselves (which should add a few days to their side of the process. )

[BurnCK]

Why have you both advise me not to sign it ? Out of interest......

[42man]

It has been alleged that some Debt Collection Agencies can use your signature to 'photoshop' it onto an agreement !!!

[diskmandave]

Because some less than honest organisations have allegedly in the past been known to do a photoshop job, IYKWIM ! ;-)

 

ODC is correct in stating that Robinson, Way & Company have a legal obligation under Section 175 of the CC Act to pass the request and any payment on to their client.

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Regards, Dave.

 

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[ODC]

It has been alleged that some Debt Collection Agencies can use your signature to 'photoshop' it onto an agreement !!!

Not of course that ''Professionals' such as RWC would ever do such a thing

[BurnCK]

Many thanks. I sent them a letter and still no reply after the 12 days. What now ?

[ODC]

Sit back and wait. If they demand money from you report them to TS for non compliance with your CCA request

[42man]

They are now in default of your request under the Consumer Credit Act....if after a further 30 days they have still not provided it then they have committed an offence under the act. It is up to you whether or not you wish to continue paying them, however if it was me I would wait until the further 30 calendar days is up before stopping the payments then, complain to their local trading standards, the OFT and the FOS. Basically they are trying to collect on a debt that is unenforceable

[42man]

Interesting when they say they were acting on 'behalf of the lender' I wonder where the payments are going ? in their bank account ? or in the original lenders account ? Did you ever receive an assignment of the debt from the original lender ?