Horwich farrelly / Robinson Way

[dogtrainer]

Where can I get a copy of the consumer credit Act 1974 s77/8.

[dogtrainer]

Letter sent of to them with this added ( which was received by you on 20/8/08. ) As I have proof of delivery.

Also I underlined and made bold this line

I look forward to hearing from you in writing.

Edited September 18, 2008 by dogtrainer

[42man]

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

And keep us posted as/when and if you hear back !!

[dogtrainer]

Will Do

thanks for your help and Advice

[dogtrainer]

No sign of delivery of the letter I sent on Thursday

 

But this came today how can they ask for this when they have not provided any proof that they own the account..

 

 

 

 

Robinson, Way & Company Limited

Registered Office: 201 Deansgate, Manchester. M3 3NW.

London Scottish House

Quays Reach

Carolina Way

Salford. M502ZY

Tel: 08706091521

Fax: 0161-743-9409

Registered In England No. 885896

Robinson, Way

& Company Limited

MR D

 

 

Date 20/09/08

Dear MR D

Reference No.

Due to ROBINSON WAY (EX CAPITAL ONE)

Amount Due £3,344.54

Account No.

NameD

We are today offering you a significant reduction to settle your account.

 

Pay just £1,672.27 of your outstanding balance and your account will be

marked settled in our files, and your credit file updated accordingly.

 

You could even spread this over 3 years, still taking advantage of 3 months

payment holiday in 3 month's of your choice.

 

To take advantage of this BRILLIANT offer, CALL US NOW on our FREEPHONE

NUMBER: 0800 028 7717. This offer is only valid for the next 30 days.

 

If settling your account is currently not within your means, you must still

contact us to agree an affordable payment plan. Your personal circumstances

will be taken into account - but please call us without delay on our

FREE PHONE NUMBER: 0800 028 7717.

Yours faithfully

co~ns Manager

PL/B/N/36

Edited September 22, 2008 by dogtrainer

[richiepearce]

i have had a very similar letter cutting my amount due from £354 to £88 i did call them and at first they said some letters were sent out in eror but after i argued the point he put me on hold and said ok thats fine can you make a payment, when pushed to tell me if this was for full and final settlement of the account he said it was but he seemed almost uncertain so i don't know if this is some [problem] by them to get people to contact them, i did post this today and had a couple of replies to the effect of don't pay

[pookeymonkey]

Hi,

 

I've had several offers of a large reduction of the alleged balance from numerous DCAs and original creditors. Funny how they weren't so helpful before receiving my CCA requests and how none of them has yet produced a CCA over a year later! I think you can safely say that Robinson Way will not come up with an enforceable Credit Agreement (though you might get a copy of your application form).

 

Another thing to be careful of is the wording of the RW offer. Just because they mark their files as settled does not necessarilly mean that the original creditor will see it that way and could pass the remainder of the balance on to a new DCA. They mention ammending your credit file accordingly but do not specifically say it will be marked as settled.

 

Just my point of view, and it might seem a bit paranoid, but I have learned to read any DCA communication very carefully!

Note: Their threats of further action always contain a lot of 'may's!!!

 

Good luck,

 

Pookey

Edited September 27, 2008 by pookeymonkey

[RobMitch]

These daft offers are a death rattle! They know they're stuffed so are after anything they can get!

and pookeymonkey is right. The F&F is probably foney. Leave it be. The onus is on them to send CCA. The account is in dispute.

 

Its their problem, you have sent the request and that's what matters.

 

I've never had a CCA back from RW/HF, I've had that standard HF letter twice. Often you seem to reenter the cycle and the letters just start over.

 

Rob

Edited September 26, 2008 by RobMitch

[dogtrainer]

Hi all this came today

 

 

 

Is this enforceable .

also came with what looks like a freshly printed set of Terms and Conditions which are printed on 8 sheets of A4 paper

Edited September 27, 2008 by dogtrainer
Added a close up & added text after T&C

[Doingmybest]

Looks like my one. They never sent me the terms and conditions though.

[ODC]

Totally useless from CAPONE and RWC know that hence their brilliant so called offer.

[dogtrainer]

I have just checked the terms that they sent and found this

on the cerdit arreement

And this in the terms

So terms must be later ones

[UnitedFront]

I am simply a novice.......but form my point of view.....that is an excellent spot!!!!!!! It proves beyond any reasonable doubt that what they have sent you is complete B*(^$&$hit!!!!!!!!!!!!!!

[citizenB]

Well spotted dogtrainer. Just proves that Capital One are trying it on. I you have look at a few other Cap 1 threads you will see just what they attempt to pass off as "agreements"

[dogtrainer]

Is there anything I should do about this?

As when I looked closer at what they call the credit card agreement above in post (34) it state's if my application is accepted.

Then goes on to say by signing this application:rolleyes:

[robcag]

Hi DT

 

A very nice agreement! (NOT)

 

Regarding your well-spotted discrepancy between the ATM withdrawal charges, I don't think that will do much more than prove that the 8 pages of T&Cs are newish rather than not being the ones in force at the time you allegedly signed the 'agreement'.

 

But regarding the application / agreement posted I've typed some comments below.

 

Hi all this came today

 

 

 

 

Further to ODCs comments about this being useless, I imagine for the obvious reasons of no prescribed terms being present and no reference on the signature page to these terms being found elswhere in the 'agreement' .

 

Notwithstanding the lack of a statement referring to 'see overleaf', it would appear that the other page supplied has no prospect of being argued as being the reverse of the signature document because at the last paragraph on the signature page it says "blah - blah - use of information overleaf (section 23 of the agreement) ......", BUT looking at the other page, THERE IS NO SECTION 23!

Also, the only place I can see CrapOnes address is in the small print of the same last paragraph

 

Is this enforceable .

also came with what looks like a freshly printed set of Terms and Conditions which are printed on 8 sheets of A4 paper

 

Cheers

Rob

[dogtrainer]

Hi Rob thanks for the comments

I have just looked at the top of Credit agrreement back page and found this.

Which means the Credit agrreement as you said is not the back page of the Agreement.

What do I do .

Do write to them and tell them to go and see a :)Taxidermist on their own behalf or wait and see what they do next.

Edited September 30, 2008 by dogtrainer

[dogtrainer]

Hi all just a update RW have been very quiet since I received their so called creditagreement .

That was until today when I got a phone call from a very gruff sounding voice asking me to contact a Mr Phillips which is very unusual for them as their calls a normally silent.

[Doingmybest]

Did you contact him and if you did what's happened?

[dogtrainer]

Hi Doingmybest

I never contacted him as per the advice given on the site not to talk to them.

But I received the same call again this week.

[RobMitch]

IMO, like Rob's, the agreement is no good. It is their style to continue to send letters on a periodic basis. Ultimately its only if they initiate court action that you should act. At tht point there are any numbers of defenses in the legal Issues section of this forum to help you, or ask for help over their.

 

I'm in a not dissimilar situation, but they have continued to press, threaten and demand with no CCA sent after 4 months now. This is just rhetoric on their behalf but I have taken the precaution of preparing a defense based on similar cases in the legal successes section here, so I can take control if they chance their arm.

 

You might consider a similar action on your part - its quite liberating to know that I have it printed out and ready and makes me feel stronger when the pointless demands keep flowing through the post.

 

Good Luck

[dogtrainer]

:rolleyes:Hi all this just arrived today and by the look of it they have taken my £1.00 for my CCA request of my balance what should I do about it.

 

Edited December 17, 2008 by dogtrainer
Image did show fist time

[42man]

You have made the request, you have a copy of it with the recorded delivery slip, where they put it is up to them...

[dogtrainer]

Yes I have it.

But the letter makes out that I have made an agreement to pay them money which I have not.

should I write to them a point out that the £1.00 should not have been taken of my account.

[ODC]

They think they are being clever but in actual fact are showing themselves up for the assholes that we have come to know and love.