Robinson Way help please

[UnitedFront]

Hi UF, the debt is for about £450 or something like this so its not the largest sum in the world but I guess it is quite a sum still!!

 

I have just emailed the local Trading Standards with a copy of the agreement (blanked out details) and asked for their opinion on the odd signatures etc so will hopefully hear back from them soon:)

 

Thanks again:)

UF

[xxorlsxx]

HI UF,

If RW want £450 they probably paid about £50 for the debt, as i say, its a small amount so they may write it off if you can convince em that your sis is ill, if not and after exploring all avenues you could make em an offer of £80 or so to settle the matter, but thats not an option yet, lets see what TS says about the CCA and lets see if they agree to write it off due to your sis's condition.

[UnitedFront]

They will have bought it for as little as that? Blimey I didnt realise it was such a small sum they would have paid!

 

That is quite handy to know so thank you:)

 

I think I am going to wait untill i hear back from TS and then make a decision about either requesting to have it wiped out or disputing the claim.

 

Thanks so much for all your help:)

UF

[xxorlsxx]

No probs, i'll be very interested in what TS say, after which we can look at the options.

[robcag]

Hi UF

 

Two things spring to mind, either or both of which may not prove to be helpful, but I could be completely barking up the wrong tree.

 

1. On the parts of the agreement where you have blacked out the personal details etc. was the information filled in in your sisters handwriting, or a salesperson, or maybe even printed? It just might be construed as a bit strange (but not impossible I guess) if someone other than your sister had handwritten all her details.

 

2. Are RW collecting this debt on their own behalf or for the OC (original creditor). If it's on their own behalf, have you ever received a notice of assignment?

 

Cheers

Rob

Edited July 9, 2008 by robcag
spelling

[UnitedFront]

Hi Rob, thanks for the reply. The details are all hand printed in capitals and it doesnt look like my sisters handwriting - but as you say it could have been a salesperson!

 

They are collecting on their own behalf and they have sent an assignment letter.

 

Thanks again:)

UF

[The GodMother]

Uf

 

I have had an idea but you may need to suggest this carefully to your sis.

 

Can u get her to sign a letter to say that she is unable to deal with her own affiars and that you are acting on her behalf. All corrispondance has to go to u as per the oft guidelines.

[UnitedFront]

Hi TGM, I think that may well have to be the next step we take.

 

By the look of it, whatever way we take this there appears there may be a fairly long and drawn out battle/process to bring this to a conclusion so I think I may have to take full control of this situation to prevent my sister from having the stress of letters and phnoe calls etc.

 

I will tactfully broach this subject with her in the near future I think.

 

Thanks again:)

UF

[robinalexander]

I can guarantee it won't be written off, however, I'm sure they'd be willing to accept £1 per month if the CAB were to offer it, with a financial statement attached.

[berrylover]

Guarantee it? Can I bet you £10 then robin?

[robinalexander]

I'd be willing to bet £50.

[berrylover]

More money than sense then?

[robinalexander]

Let's just see how keep watching the thread and see how it goes

[pt2537]

[UnitedFront]

Well I’m waiting until I hear back from Trading Standards regards the odd signatures on the copy agreement they have sent

Also I am researching more into any previous cases involving people with mental health because if my sister did take this out it was only a couple of weeks after the date on the form that she was admitted to a psychiatric hospital. So if she did take it out she most certainly was not of sound mind at the time.

[berrylover]

Considering there is no CCA I will gladly keep watching the thread troll-meister.

[UnitedFront]

Thr trouble is this though - they have sent an agreement and it appears to have the prescribed terms etc on it but the signatures on it don't match and neither look to be exactly the same as my sisters (one just looks similar) which is why I have contacted the Trading Standards dept for their thoughts on the matter!!

 

Thank you to everyone here who is offering help, advice and support.

It is truly appreciated:)

UF

[berrylover]

If the signatures do not match your sister's signatures then it cannot be a true copy of an executable CCA. I hope this works out for you and your sister.

[robinalexander]

Considering there is no CCA I will gladly keep watching the thread troll-meister.

 

I refer you to http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/70646-posting-forum-please-read.html

 

However tempted you feel to make personal attacks, please remember they are not permitted under any circumstances.

[havinastella]

WOW, the Troll is posting terms & conditions.

 

Maybe the DCA he works for should read some of their own

[pt2537]

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

here another set of relevent Terms and Conditions

[robinalexander]

If you have a problem with Robinson Way, take it up with them directly. I am writing from a personal - outside of work - standpoint. Also, show me where in the OFT guidance it stipulates that a DCA should write off a debt due to someone's state of mind, and not instead, request nominal payments of £1 per month.

Edited July 9, 2008 by robinalexander

[pt2537]

If you have a problem with Robinson Way, take it up with them directly. I am writing from a personal standpoint and am not associating myself with Robinson Way in any way.

That is fine and posting constructive posts are more than welcome as are posts which offer a genuine alternative view

 

the point is where your posts are such like " why ask for the CCA it will only delay things "

 

well you miss the point, the request for a copy of the credit agreement is a statutory request, you are legally entitled by statute to ask for this information and the company is under a statutory imposed obligation to supply the information

 

non compliance gives the debtor a legitimate right to not pay a DCA and the House of Lords has considered this and ruled that no ones human rights are affected by the creditor or DCA losing its money as that is what the Act intended where they fail to retain the correct documents

[robinalexander]

That's fair enough, and of course it is a debtor's legal right to request a CCA, I wasn't claiming it isn't. In the thread that you're referring to, I asked a valid question, since the OP states that they know they owe the money to Cahoot, it seemed a bit odd that they would dispute liability just because a DCA takes over the account; and yet you say that CAG does not condone the avoidance of debt.

 

In this thread, I have actually stated that Robinson Way would more than likely accept an offer of £1 per month if sent by the CAB with a financial statement, so I fail to see why it is me being targeted? Surely more can be expected from the CAG staff?

 

If you actually look at my posts, you will see that I have contributed helpful information.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/151088-robinson-way.html#post1605057

 

And more so here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/150666-capital-one-what-now.html#post1601689

 

So, I would appreciate it if the personal attacks stopped. I am not representing Robinson Way at all, I am merely commenting from an insider perspective outside of work. Thank you.

Edited July 9, 2008 by robinalexander

[UnitedFront]

Is there any chance that we can get this troll out of the thread because he is simply being couter productive and effectively just trying to create further income for his company? And along the way is completely detracting from the topic of the thread.

 

I have stated that I do not know for sure if this account is my sisters or not or if it is a case of mistaken identity / identity theft!

 

The fact that the signatures don't match and that neither of them is particularly close to my sisters is concerning to say the least.