Robinson Way & HFC Bank

[SROSSJACK]

I recently was pestered by Robinson Way on behalf of HFC Bank for an a debt they say is outstanding. This is something that happened more that 8 or 10 years ago and cannot remember exactly what it was or what happened. However, I sent a CCA letter requesting the prove the debt and supply me witht he signed agreement.

To my surprise I received a letter from them today saying they acknowledge my letter and have requested 'a signed agreement from our client' and would forward it as soon as possible. They also attached a Notice of Assignement.

Quote:

"As a simple assigne from the orginal creditor we have acquired the rights but not the duties of the creditor as defined 189 (1) of the CCA 1974 and accordingly are entitled to pursue the customer for the monies that remain due by reason of section 139 of the Law of Property Act 1925."

 

Are they just chancing their luck? or am up for a fight with Robinson Way?

 

Ps I don't know if it matters but I live in Scotland.

[SROSSJACK]

I recently was pestered by Robinson Way on behalf of HFC Bank for an a debt they say is outstanding. This is something that happened more that 8 or 10 years ago and cannot remember exactly what it was or what happened. However, I sent a CCA letter requesting the prove the debt and supply me witht he signed agreement.

To my surprise I received a letter from them today saying they acknowledge my letter and have requested 'a signed agreement from our client' and would forward it as soon as possible. They also attached a Notice of Assignement.

Quote:

"As a simple assigne from the orginal creditor we have acquired the rights but not the duties of the creditor as defined 189 (1) of the CCA 1974 and accordingly are entitled to pursue the customer for the monies that remain due by reason of section 139 of the Law of Property Act 1925."

 

Are they just chancing their luck? or am up for a fight with Robinson Way?

Should I reply to say if they don't reply within the time limit specified in the CCA they will be in default??

[42man]

I have to ask if it has been 5 years since you last made a payment or acknowledged the debt then it is statute barred (6 years in England).....

 

And Robinson Way are talking cobblers.....there isn't a law of property that would stand up in their argument of 'we own the rights but not the duties'

 

If you are not their creditor how can you be their debtor !!!!

 

These are from the Consumer Credit Act....

 

Rights and Duties

CCA74 s189(1)

“ creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor;

CCA74 189 (1)

“ debtor “ means the individual receiving credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement includes the prospective debtor

This is from the Law Of Property...

Legal assignments of things in action.- (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

[PriorityOne]

Sounds like it's statute barred to me anyway...

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Letter M..... by recorded delivery.

 

There are no "clients" by the way.... RW have probably bought this one, but like many DCAs.... use the word "client" because that's what solicitors do and they like to aim for the same status.

 

Stupid bergers....

[ScarletPimpernel]

"As a simple assigne from the orginal creditor we have acquired the rights but not the duties of the creditor as defined 189 (1) of the CCA 1974 and accordingly are entitled to pursue the customer for the monies that remain due by reason of section 139 of the Law of Property Act 1925."

 

Are they just chancing their luck? or am up for a fight with Robinson Way?

 

Ps I don't know if it matters but I live in Scotland.

 

This is, as you may have guessed, utter bolleaux.

 

s.189 defines a creditor as someone who has acquired the rights and duties; not just one or the other.

[SROSSJACK]

Thank you folks for all your advice. These people really are lowlife!!

 

I will, as you suggest, send of letter M and hopefully this will be an end to it!

 

I will let you know.

[SROSSJACK]

42man

 

I can't remember exactly when all this is from but atleast 8 years. Does this also apply to Scotland though?

[tiglet]

It's 5 years in Scotland and 6 in the rest of the UK.

[SROSSJACK]

tiglet

Thanks, I am composing a letter to them now. Hope they get the message and go away soon!!!!

[Rahl]

Being statute barred won't stop robinson way from trying to collect on this alleged account . They'll come up with rubbish like 'we have sent you many letters regarding your debt and do not accept this debt is statute barred'. So be prepared for a long drawn out discourse in futility with them , get in contact with OFT as early as possible when they continue to harass you even after receiving the statute barred letter.

[SROSSJACK]

Thanks Rahl

I'll

[SROSSJACK]

sorry

that should have said i'll bear that in mind, no doubt they'll try every trick in the book!!

[SROSSJACK]

I am in the process of replying to RW regarding the above points and also want to point out that they have not complied with my CCA request. I also want to say that they time barred argument also stands but am I not then admiting that I agree with their claim for the debt?!?

 

The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

Not sure what to do...should i wait for them to send the signed agreement they say they have HFC for?

[maroondevo52]

Hi, SROSSJACK.

 

You are better sticking to the one thread on this subject, the people helping you on your other thread will not know about this one and things could get a bit confusing.

 

 

Regards.

 

Scott.

[SROSSJACK]

Cheers Scott

 

Just a newbie:o

[rory32]

Threads merged. Please stick to one thread per topic.

Not sure what to do...should i wait for them to send the signed agreement they say they have HFC for?

Send the statute barred letter. The Prescription and Limitation (Scotland) Act 1973 couldn't be clearer. When an account is statute barred your obligation to pay anything is extinguished e.g. ceases to exist. It doesn't matter if they can find the credit agreement or not. Send the following

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

[SROSSJACK]

Thank you very much rory32, that should do the trick

Post Office tomorrow:p

[PriorityOne]

Thank you very much rory32, that should do the trick

Post Office tomorrow:p

 

By recorded delivery....

[SROSSJACK]

Naturally:D

[ODC]

And SIGN NOTHING

[tiglet]

Ever!!!