Robinson Way ; YET AGAIN

[ScarletPimpernel]

Yet another example of RW spouting spurious, deceitful and misleading bollox.

 

s.189 of the CCA 1974 defines a creditor as ‘the person providing credit under a consumer credit agreement, or the person to whom his rights and duties have passed by assignment’. Note that it doesn't allow for a choice, so they either have both rights and duties, or nowt.

 

Anyway, how can RW not have noticed that the consumer credit agreement is noticeable for its complete absence in this case, rendering their statement entirely meaningless.

 

As far as I recall, the LOP 1925 only provides for absolute assignments.

 

Oh what a tangled web they weave, when RW practice to deceive!

 

Since it is not credible that even the sort of neuron-deficient individuals employed by Robinson Way can be so ignorant of the laws fundamental to their business, the only conclusion is that they are deliberately attempting to deceive and mislead. This is contrary to the OFT guidance, as any fule kno. Therefore, a brisk missive to Hayley Felton is in order, pointing out the deficiencies in RW's statements, and complaining about same.

 

RW are tiresome, but they will concede in the end.

[loyalbrummie]

This is what im after someone to write a short kick up the ass for RWC, as always help appreciated , they dont ring any more cant think why lol

[Dons2008]

:lol: :lol:

 

THIS IS THE FUNNIEST THREAD I HAVE SEEN ON CAG.............

 

Well done LB -

[ScarletPimpernel]

I dealt with a similar no agreement situation with RW a while back. Some of my letter at post 26 of my thread may be useful.

[mrmarmite]

This is what im after someone to write a short kick up the ass for RWC, as always help appreciated , they dont ring any more cant think why lol

 

 

if they not got a CCA (same in my case) he the last letter i sent to RW:

 

 

24TH September 2007

 

REFERENCE:

I am in receipt of your letter (copy enclosed, original kept for legal reasons)

You were sent a CCA; you told me you do not have a CCA due to age of this account.

This letter is notification that you have no legal rights to collect this debt. Any further correspondence from you asking for money will be treated as harassment and I will notify Trading Standards and I will also notify FOS (of which you will be charged a minimum of £400)

You have now committed a summary offence. Any further pursuance made by you WILL be met by force.

I will also point out should you attempt to pass/sell this debt to another DCA you will be in breach of The CCA and Data Protection Act as you have no legal rights to process my personal data without my written consent, yet again should you it will be met with serious consequences.

We are both FULLY aware that you do NOT have a “Legal” leg to stand on without a “properly” executed credit agreement of which you do NOT have and cannot obtain.

I now expect by return a letter from you showing the outstanding balance is £0.00 and that this account has now been closed. Failure on your part will result in legal action being taken against you where I will force you to prove this debt (of which you can’t).

This is your one and only chance to resolve/comply as you are not abiding by the law. I don’t need to tell you the cost involved should I take you to court but if I must then I will, I will be also requesting compensation via the legal system as I am abiding by the law, you are not!

I very eagerly await your response; the ball is now very firmly in your court.

 

 

dont forget to put LBA up top.

 

after I sent this letter to them I never heard a peep since :D

[loyalbrummie]

cheers for that ive added a few words what do you think .

 

Letter Before Action

REF.

Dear **********

I am in receipt of your letter dated **** and its contents are noted .You were sent a request for a true copy of my CCA , your letter states that you can not do this as the CCA does not exist.

TAKE NOTE

This letter is notification that despite the laws that you have quoted in your letter , you have NO LEGAL RIGHTS to collect this account.Any further letters from you requesting money will be treated as harassment and I will notify TRADING STANDARDS as well as FOS(where you will be charged at least £400).

I will also like to point out that if you attempt to pass or sell this account to any other DCA you will be in breach of the CCA and Data Protection Act as you have no legal rights to process my personal data without my written permission (which you do not have ) yet again should you it will be met with VERY SERIOUS consequences.

We are both FULLY aware that you do not have a "LEGAL" leg to stand on without a "PROPERLY" executed credit agreement of which you have already admitted does not exist and you can not obtain.

WHAT I REQUIRE

I now expect a letter from you showing that the outstanding balance is now £0-00 and that this account is now closed .Failure on your part in this will result in LEGAL ACTION being taken against you where I will FORCE YOU TO PROVE THIS DEBT (WHICH YOU CAN NOT).

This is your one and only chance to act professional, and to resolve this issue and comply to the letter of law which you have not been doing .Im sure I do not have to tell you the costs involved if/when I take you to court which I will and I WILL WIN . I will also be requesting compensation via the legal system as I am abiding by the law and you clearly are not .

I eagerly await your response .

regards

LB

 

your opinions please !

[mrmarmite]

remove therefore, you dont need it and check your "I"'s you have a few in lower case "i"

 

i personally wouldnt bother with the "for once do the decent thing"

 

you need to make sound FORCEFULL and to the point and not give them an inch of room to move

[mrmarmite]

didnt mean LBA literally, i ment LETTER BEFORE ACTION

[loyalbrummie]

I knew this Mr M , as I said this is a copy the original will be written.

Thanks

[mrmarmite]

lol just checkin

[steven4064]

Can I suggest you loose the " " round LEGAL and PROPERLY. Also, in the last paragraph you want professioanlly not professional.

 

Where you mention compensation you could say it is under s13 of the DPA (and s3 of the Protection from Harassmentg Act 1997?)

[loyalbrummie]

does this need to go recorded or will a normal proof of posting suffice .

[IIIUMINATI]

s lond bank may be the owners and pay the bills for rway but if they cannot pay the telephone bill then rw in big trouble

has you phone rang this week ? have you had your regular mail from them ?

the shares pick up to day now 15p BIG DEAL lol

when the time is rigth I would like every one who can to submit a £10

SAR just be for the new rules begin in April. If

they cannot raise the share price and there shares zero o out then that is the time to act.

 

DEBT BUSTERS WENT BOOOOOOOOOM THIS WEEK IVA SELLERS

GOOGLE IT OK

[mrmarmite]

send recorded so no argument

[mrmarmite]

Can I suggest you loose the " " round LEGAL and PROPERLY. Also, in the last paragraph you want professioanlly not professional.

 

Where you mention compensation you could say it is under s13 of the Data Protection Act (and s3 of the Protection from Harassmentg Act 1997?)

 

it worked for me .

there no point quoting legal stuff at them coz they dunno what it means

[citizenB]

looks good loyalbrummie. go get em

[steven4064]

it worked for me .

there no point quoting legal stuff at them coz they dunno what it means

I always add at the end "If you do not understand any part of this letter, you should consult a qualified solicitor"

[siren13577]

I love winding up DCA's on the phone. It's become a hobby these days.

 

Had the muppets from Halifax ringinging me 3 times every weekend for months now. Dispite 3 letters with the following written in bold type.

"I will communicate with you in writing only. I will never speak to you on the phone, as I have no legal obligation to do so."

 

The last conversation went a little like this.....

 

Halifax muppet: Hello is that Mr F Bobble?

 

Me: Yes it is. Who's calling please?

 

Halifax Muppet: Jason From Halifax. I need to discuss a matter

regarding your account as it's in serious arrears.

I need to ask some securtity questions before I can continue.

What is your date of Birth and the First line of your address?

 

Me: 1/2/1991 69 cunnilingus lane. (of course I live there)

 

Halifax Muppet: Those don't match the details I have here sir.

 

Me: So why ask me if you already know them?

 

Halifax Muppet: It's for security reasons sir

 

Me: (pretending to cry) But I don't know my date of birth as I'm an orphan and was left on a doorstep when I was a baby.

 

Halifax Muppet: You're not taking this seriously sir. £2000 of debt is a serious matter and you will go to prison if you don't pay.

 

Me: (trying to sound concerned) oooooh.

 

Halifax Muppet:So, Mr Bobble, how to you intend to pay this debt?

 

Me: What debt?

 

Halifax Muppet:The £2000 you owe on your credit card you have £200 arrears and no payment has been made for 3 months.

 

Me: I asked you for proof you are legally intitled to collect this alleged debt. I'm still waiting. I don't pay anything to just anyone who writes demanding money without proof that I actually owe them anything first.

 

Halifax Muppet: This conversation is being recorded and I think you are deliberately being akward and trying to avoid paying what you owe Mr Bobble.

 

Me: I'm being recorded?

 

Halifax Muppet:Yes, now how do you intend to pay? We require a minimum payment of £200 immediatly.

 

Me: Wow. I'm being recorded. Sings a few lines of Bros - I owe you nothing. (bad I know but was all I could think of at the time.)

 

Halifax Muppet: You're not taking this seriously sir.

 

Me: I am. What was the question again?

 

Halifax Muppet: How do you intend to pay?

 

Me: Pay what?

 

Halifax Muppet: (getting a bit peed off by now) The arrears on your credit card.

 

Me: What credit card?

 

Halifax Muppet: The card you are 200 in arrears with.

 

Me: Erm

 

Halifax Muppet: Erm what?

 

Me: I don't know.

 

Halifax Muppet: Do you want us to take you to court?

 

Me: Courts? Didn't they go bust a few years ago? Weren't they the ones who had Bruce Forsyth in their adverts?

I'd like to go, but I had a new sofa a few weeks ago, so you're too late.

 

Halifax Muppet:You're not taking this seriously, I'm putting a note on your account that you are deliberatly avoiding to pay your debts.

 

Me: Debts? I'm in debt? That's scary, I wasn't aware I was in debt.

 

Halifax Muppet: (getting really wound up) Are you going to pay now Mr Bobble? I can accept payment by credit card now.

 

Halifax Muppet: Can I use the halifax card you claim I have and owe £2000 on?

 

Halifax Muppet: No, your card is suspended as you haven't kept up with the payments on it. AS YOU VERY WELL KNOW.

 

Me: know what? Who are you anyway?

 

Halifax Muppet: (rants away about debt and court action for a bit)

 

Me: I'm sorry I suffer from Attention Defecit Disorder and find it hard to concentrate.

 

Halifax Muppet: That's not my problem...Are you going to pay or not?

 

Me: .....Ohh look a bumble bee.....

 

Halifax Muppet: Mr Bobble?

 

Me: He's not here.

 

Muppet hangs up. Probably to bang his head against the wall. Then hand in his notice and get a proper job at Maccy D's.

 

Needless to say the more experienced members of the CAG will spot a few breaches of the OFT guidelines. Such as carrying on without the security checks, prison if I don't pay, trying to collect a debt that is in dispute and failing to comply with a cca request, etc.

Complaint letters have already been sent + a S.A.R - (Subject Access Request) request so I can get a copy of the call and put it on here.

 

 

I'd just like to say thanks for this, it really cheered me up after Robinson Way calling for my OH for the third day on the run. It really had me in pleats, thanks!!!

[mrmarmite]

I always add at the end "If you do not understand any part of this letter, you should consult a qualified solicitor"

 

 

NICE, i shal have to use that line myself

[fuzzybobble]

I always add at the end "If you do not understand any part of this letter, you should consult a qualified solicitor"

 

I just sent that one to CK Edrupt lol

They claim to be solicitors, but I think my gingerbread man avatar knows more about the Consumer Credit Act 1974 than they ever will.

 

Great line though, and will be adding it to all my letters from now on.

 

[tiglet]

For those of you getting the bowlarks about catalogues not being covered by the CCA, suggest you read this: (posted invalid link, see below posts for correct one).

 

This thread made me laugh so much.

 

A few weeks ago, I asked a RW operative to confirm what colour underwear they were wearing for security purposes.

 

Click ...

[loyalbrummie]

Tiglet that link isnt working

 

LB

[tiglet]

This any better: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/115215-catalogues-mail-order.html

?

[fuzzybobble]

Tiglet that link isnt working

 

LB

 

Think you may have used the wrong finger on the left mouse button again LB

[tiglet]

No, i think it was my fault - will remove invalid link so as not to confuse people!