Help with Robinson Way please

[soozisioux07]

Hi

 

About six weeks ago I received a demand from Robinson Way so I sent them a CCA letter.

 

A couple of weeks later I received a compliments slip from them saying that they were unable to provide the relevant document and infact returned my £1 Postal Order.

 

In this morning's post I have received another demand/threatening letter from Robinson Way regarding this account.

 

What do I do next please? They obviously can't find the signed agreement but are still threatening me.

 

Any help would be greatly apprecitated.

 

Thanks

 

Soozisioux

[rippedoffagain]

There is not much more you can do, except ignore them. Anything you write will be ignored by them. They have no other script.

[42man]

Send them this by recorded delivery....

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which 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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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 77(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

[soozisioux07]

Thanks for that it's a brilliant letter.

 

I'll get that in the post today, although last time I sent a recorded delivery letter the Post Office lost it and it wasn't delivered so i might choose a different option.

 

Thanks once again

 

Soozisioux

[babybear39]

Subscribing...

 

Try special delivery, I know it's exspensive, about £4.60, but it's guaranteed next day.

[soozisioux07]

Hi, I've heard nothing further from Robinson Way but this morning received through the post what looked like a new pin number slip that you would get from the bank. On opening it, it contains the message "Fantastic Offer" ring 0870 243 2260 without delay to clear your debt off by paying only 25% of your balance which is just £95.50. This message doesn't say which company has sent it so I am presuming it must be from a DC because any reputable firm would have no problem putting their company name on the message. It gives me a reference number to quote and advises me that this is for "selected customers" only and the offer is available until 31st July 2008. I know it's an offence for the DC's to be sending anything out without their name on. Obviously I have no intentions of ringing this number but I wondered if anyone else has come across this. Presumably the best course of action is to ignore it. I can't contact Trading Standards as I cannot prove which DC has sent it. I have tried to google the number but it hasn't come up with anything - suprise suprise.

 

Thanks if anyone can help me with this.

 

Cheers Soozisiouz

[ScarletPimpernel]

I rang it from a secure line, and also Googled the number. It's definately Robinson Way, so complain away...

 

Remind TS that by witholding material facts (i.e. their name), and by breaching a code of conduct (the OFT Guidance, compliance with which is a condition of a consumer credit licence), Robinson Way are in breach of the Consumer Protection from Unfair Trading Regulations 2008 for which TS can prosecute.

 

The number is answered witha short 'calls may be recorded' message (though this probably means only if you are doing it!), and then 'all our semi-trained simians are busy, please hold' - presumably just to rack up some time on the profit-sharing 0870 (against OFT guidance) number ....

[soozisioux07]

Thank you ever so much for that, I will contact TS immediately. From what I've read on this site about Robinson Way and dealings in the past it doesn't suprise me.

 

Thanks once again.

 

Soozisioux:)

[babybear39]

Nawty nawty robbers way

[palomino]

Hi, I've heard nothing further from Robinson Way but this morning received through the post what looked like a new pin number slip that you would get from the bank. On opening it, it contains the message "Fantastic Offer" ring 0870 243 2260 ...

 

If you try SAYNOTO0870.COM - Non-Geographical Alternative Telephone Numbers

you will find it is Robinson Way as you suggested. It also gives their geographic number as 0161 834 2861.

[soozisioux07]

Thanks for that - it's suprising what you learn!

 

Cheers:p