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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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secure homes/JB Debt/ Robinson Way, HELP PLEASE!!!!!


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Hi all

 

This is very long winded so please bear with me. Here goes...........

 

Approximately 7-8 years ago we took a loan out through Secure Homes. Around a year or so after we took the loan out we got in severe financial difficulties and could not make the requested weekly payments to secure homes. I contacted them and it was agreed that they would accept £20 a month and they sent a payment book. I made a couple of payments on this payment book and then we moved house and the payment book got mislaid. A few weeks after we moved, i contacted secure homes to send another payment book but this did not arrive. After several more phone calls to them.......... wrongly i know, i gave up and didnt contact them again. Approximately 2 years later i received a visit from an elderly gentleman on behalf of secure homes and all of the above was explained to him. He was very sympathetic and told me not to worry about it. Anyway, i filled out a direct debit form with him and agreed to pay £25 a month and he confirmed that the payments would start at end of that month. He left me a card with a womans' name on it and told me if i had any problems i could ring her. Anyway........ about 3 months later after i had noticed payments had not been taken.......i rang this woman but she had retired......i was put through to someone else who informed me that this debt had been passed over to a company called JB Debt. I contacted JB Debt and a standing order was set up for £25 a month and the payments have been made eversince (which is about 2 years)

 

About a month ago, hubby received a letter from a company called Robinson Way demanding £5700! I emailed this company explaining all of the above and stating that monthly payments of £25 are already being made for this debt to JB Debt and to take hubbys name off the debt as I myself am paying it. I received an automated email back stating someone would be in contact soon.

 

This morning, we have both received seperate letters from Robinson Way demanding £5700!!!

 

I am now really worried about this because payments have been made religiously for the past 2 years to JB Debt........and now we get these letters from a different company stating they have bought the debt.

 

Would JB Debt has sold this debt on to Robinson Way without notifying me? If this is the case..........who the hell am i paying £25 a month to?

 

Please advise as i am beside myself with worry.

 

thanks

Chezwicks

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Chezwicks,

 

This is awful, but you've come to the right place.

Type up an email to Robinson way, and company asking for a copy of the original agreement under the consumer credit act. You didn't say whether the loan is secured or not, so I can't tell which section is applicable.

 

It is important to establish that they have the rights to enforce this debt. You can use template letter N from the library here.

Remember, do not sign the letter(print instead) and send it special delivery(you may need proof of delivery).

 

Most important, make sure that the letter has the line 'I do not acknowledge this debt to you or your representatives.' clearly stated(make it big and bold)!

 

 

Robinson have 12 days to comply with the statutory request, no matter what they say.

 

If they fail to provide the agreement (there are strict rules as to what is deemed to meet the criteria for that) they can no longer take any action against you(or hubby).

 

By the sounds of things, they have missed one important benchmark for legal assignment already.

 

To answer your question, unfortunately, selling on of 'bad' debts happens all the time.

 

In one respect that works in your favour, as there is a lot of experience in handling issues like this from all the folks on here. You'll get plenty of help and support.

 

Keep us posted.

Struggling_Simon vs Cabot - WON

Struggling_Simon vs Abbey - WON

Struggling_Simon vs HBOS - Pending

--------------------------------------------

IF I HAVE HELPED PLEASE CLICK MY SCALES

 

Vigilantibus non dormientibus æquitas subvenit

Somper in excretia,som solem profundus variat.

 

 

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi

 

Im confused.........do i email them (ive tried this but got no response back until these letters today) or do i send an actual letter?

 

The loan was NOT secured.

 

The standing order i have with JB Debt is due for payment on Monday 25th.......do i continue this payment or do i cancel the standing order? To be honest, im tempted to cancel the standing order and see if i get a response from JB Debt.......but im worried incase it makes matters worse. Please advise

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Chezwicks,

 

This is awful, but you've come to the right place.

Type up an email to Robinson way, and company asking for a copy of the original agreement under the consumer credit act. You didn't say whether the loan is secured or not, so I can't tell which section is applicable. You cannot make a formal CCA request via E-mail,this in not viable as it requires a one pound payment

 

It is important to establish that they have the rights to enforce this debt. You can use template letter N from the library here.

Remember, do not sign the letter(print instead) and send it special delivery(you may need proof of delivery). What about the payment?

 

Most important, make sure that the letter has the line 'I do not acknowledge this debt to you or your representatives.' clearly stated(make it big and bold)!

 

 

Robinson have 12 days to comply with the statutory request, no matter what they say. No they have twelve working days, monday to friday from reciept of the request, please try and be clear on this as it is essential that the correct info is given out

If they fail to provide the agreement (there are strict rules as to what is deemed to meet the criteria for that) they can no longer take any action against you(or hubby). They can still take action but it would provide a complete defence to any litigation

By the sounds of things, they have missed one important benchmark for legal assignment already.

 

To answer your question, unfortunately, selling on of 'bad' debts happens all the time.

 

In one respect that works in your favour, as there is a lot of experience in handling issues like this from all the folks on here. You'll get plenty of help and support.

 

Keep us posted.

 

sorry but there are some inaccuracies which needed to be corrected in that above statement

 

regards

paul

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Hi

 

Im confused.........do i email them (ive tried this but got no response back until these letters today) or do i send an actual letter? You send the letter, never email for a CCA request

The loan was NOT secured. excellent, was it under 25000 in total?

 

The standing order i have with JB Debt is due for payment on Monday 25th.......do i continue this payment or do i cancel the standing order? To be honest, im tempted to cancel the standing order and see if i get a response from JB Debt.......but im worried incase it makes matters worse. Please advise

 

continue the Standing Order until you have CCA'd them and they have passed the 12 working days time limit without sending you the agreement

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html#post162367

 

send letter N from the above link, and send with the letter a one pound postal order and send it via recorded delivery to RW&C

 

DO NOT sign it, instead print your name on the bottom

 

once received, they have Twelve Working Days to comply, if they do not send you a copy of your credit agreement in that time frame the account enters a default situation where they are not able to enforce the agreement until they remedy the default and supply a copy of the agreement

 

if they do not comply and a further 30 calendar days pass, on top of the 12 working days,then they commit an offence and you then make a complaint to Trading Standards

 

if you have any questions please ask away

 

 

 

regards

paul

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Paul

 

Thanks for your response. But how will i know if Robinson Way have bought the debt off JB Debt? If they have bought the debt, then why havent i been notified to change the standing order over to robinson way?

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ok, they are required to give you notice of assignment in writing.

 

this will simply be a letter telling you the debt has been sold. so if you have received notice that they have brought the debt then that is sufficient

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