Robinson Way Admit No Deed Of Assignment

[A6er]

Hi

 

My wife has a Lloyds TSB Loan which has been defaulted on and to cut a long story short its been passed from various DCA`s and has now landed on RobbersScum Ways desk.

 

We CCA`d them and they sent a reply which states

 

"We can confirm that there is no Deed Of Assignment as we have not purchased the debt but are working on behalf of our client.Your data will be handled in line with the Data Protection Act 1998."

 

Fistly,I doesn`t say who their client is.

Although it states on the letter that the money is owed to Lloyds TSB,there were 2 previous DCA`s invloved before Robberscum got the account and therefore the client could be a previous DCA,is that right?

 

Secondly, can a DCA hide under the line that just because they dont have a Deed of Assignment it still allows them to chase us as they are working "on behalf of our client"

 

The 12 days rule is nearly up and as the previous 2 DCA`s couldnt produce a CCA I am doubtful that Robberscum Way can too.

 

All thoughts and advice appreciated

 

 

Thanks

 

[Tartan Barty]

Once you get to the 12 days then the account is in dispute and they should suspend all collection activity. I CCA'd them in May and have had 1 phone call since which I pointed out (and confirmed in writing) they had sent me an application form that didn't have pre terms etc. I think they knew I was on to them and have now got a letter saying they cannot supply a copy of the agreement and I should ask the original lender for one. Suitable letter sent given them 3 options all of which involve them going away.

 

If it doesn't go quite then just ignore them for a while, send them the harassment letter and then make a formal complaint to RWC requesting their complaints procedure. You could also send an s10 request telling them to justify processing your data but its a bit early for that.

 

If you need any letter templates just ask

 

Hope this helps

[A6er]

Once you get to the 12 days then the account is in dispute and they should suspend all collection activity.

 

I know from experience that they dont always do that

 

I CCA'd them in May and have had 1 phone call since which I pointed out (and confirmed in writing) they had sent me an application form that didn't have pre terms etc. I think they knew I was on to them and have now got a letter saying they cannot supply a copy of the agreement and I should ask the original lender for one. Suitable letter sent given them 3 options all of which involve them going away.

 

Nice to see that you are winning your fight

 

If it doesn't go quite then just ignore them for a while, send them the harassment letter and then make a formal complaint to RWC requesting their complaints procedure.

 

I already have sent them the harrassment letter and also pointed out that they are breaking OFT guidelines by attempting to collect on an account that is in dispute,ie with the previous DCA`s.

 

You could also send an s10 request telling them to justify processing your data but its a bit early for that.

 

That will be kept for a little later on as I can see this fight progressing further and I dont want to play all my cards at once, got to keep something back!!

Edited August 15, 2008 by A6er
spell

[A6er]

Below is a copy of the letter that I sent off to Robberscum Way:

 

"Dear Sir/Madam

 

CCA Request

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement upon request.

Your obligation also extends to providing me with a Statement of Account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Furthermore, since you are a Debt Collection Agency, I would also ask that you supply to me a signed true copy of the Executed Deed of Assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. - True copy of original credit agreement

2. - Statement of account

3. - Copy of the executed deed of assignment from Lloyds TSB Bank PLC and Robinson Way & Company Ltd

4. - Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I must also insist that any representative of your company cease and desist from making any further telephone calls to my home,all calls are logged and will be forwarded to the relevant authorities if my wishes are not respected.

 

ACCOUNT IN DISPUTE

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with iQor Recovery Services Ltd and has been since 3 March 2008.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As iQor Recovery Services are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access Request and have also breached s10 Data Protection Act, I consider this account to be in SERIOUS DISPUTE and as such, you should be aware that while my Consumer Credit Act Request remains in default; enforcement action is NOT permitted and under s127of the Consumer Credit Act, this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the original creditor(s) for resolution of these defaults and breaches, as Robinson Way & Company Ltd cannot lawfully pursue any enforcement activities.

If Robinson Way & Company Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to,Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

To clarify my position

 

I do not have any debt with your organisation, I do not acknowledge any debt with your organisation and I shall not enter into any negotiations to settle any debt you claim I have with your organisation.

I again invite you to provide the original agreement showing that it contains the prescribed terms and is signed by both the original creditor and myself. If you are unable to do so, then I would invite you to give consideration to writing the balance off and closing the account.

 

Yours Faithfully"

 

 

Their reply is in post#1 so if someone can further advise I will be very grateful.

 

Thanks

 

[tendogs]

Subbing

[A6er]

Below is a copy of the letter that I sent off to Robberscum Way:

 

"Dear Sir/Madam

 

CCA Request

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement upon request.

Your obligation also extends to providing me with a Statement of Account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Furthermore, since you are a Debt Collection Agency, I would also ask that you supply to me a signed true copy of the Executed Deed of Assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. - True copy of original credit agreement

2. - Statement of account

3. - Copy of the executed deed of assignment from Lloyds TSB Bank PLC and Robinson Way & Company Ltd

4. - Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

I must also insist that any representative of your company cease and desist from making any further telephone calls to my home,all calls are logged and will be forwarded to the relevant authorities if my wishes are not respected.

 

ACCOUNT IN DISPUTE

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with iQor Recovery Services Ltd and has been since 3 March 2008.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As iQor Recovery Services are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access Request and have also breached s10 Data Protection Act, I consider this account to be in SERIOUS DISPUTE and as such, you should be aware that while my Consumer Credit Act Request remains in default; enforcement action is NOT permitted and under s127of the Consumer Credit Act, this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the original creditor(s) for resolution of these defaults and breaches, as Robinson Way & Company Ltd cannot lawfully pursue any enforcement activities.

If Robinson Way & Company Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to,Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service.

 

To clarify my position

 

I do not have any debt with your organisation, I do not acknowledge any debt with your organisation and I shall not enter into any negotiations to settle any debt you claim I have with your organisation.

I again invite you to provide the original agreement showing that it contains the prescribed terms and is signed by both the original creditor and myself. If you are unable to do so, then I would invite you to give consideration to writing the balance off and closing the account.

 

Yours Faithfully"

 

 

Their reply is in post#1 so if someone can further advise I will be very grateful.

 

Thanks

 

 

 

Please help,I know you have probably all been busy over this weekend

but I really need advice on this guys.

 

Thanks

[make them aktiv runners]

They are trying to be uninformative in their reply. Yes they can act on behalf of the creditor under section 75 of the CCA 1974. As an agent though they must also pass on your letter for the creditor to respond, which means your CCA request is served and must be responded to.

[lookinforinfo]

If that is all RW said in their letter, eg no mention of pursuing you for the debt, then why write at all. Wait until they write again, as you have put them straight and they know the position even if you do not. That is that they are up a gum tree. You have sent them a CCA request which they have ignored, but they know that under the new legislation that came out last month they are in trouble as they can no longer pass the buck back to the original creditor. Just leave them stew for now.

 

Of much more concern is who is passing on your details to debt collectors when they are unable to provide you with the original agreement. That is a clear breach of the Consumer Credit Act 1974. Whatever you do, stop sending out CCA requests to every DCA that writes. The company that now owns the debt knows they cannot produce the agreement so should not be farming the debt out. The debt is unenforceable until a valid agreement is sent to you. Until that happens, they cannot pursue you for the debt; add interest to the account; pass the debt on to anyone else; issue a default or process any of your data.

 

If you haven't already done so, get a copy of your credit file and see if it has been defaulted and you should also find out from there whether the debt has been assigned to another company.

 

Come back here when you know the answers and keep us informed if RW raise their heads to ask for money. Don't worry you are in a strong position at the moment and all the companies that have written to you will be worried that you might find out why.

[A6er]

If that is all RW said in their letter, eg no mention of pursuing you for the debt, then why write at all. Wait until they write again, as you have put them straight and they know the position even if you do not. That is that they are up a gum tree. You have sent them a CCA request which they have ignored, but they know that under the new legislation that came out last month they are in trouble as they can no longer pass the buck back to the original creditor. Do you have a link for this new legislation,I would like to have a look at it?Just leave them stew for now.

 

Of much more concern is who is passing on your details to debt collectors when they are unable to provide you with the original agreement. That is a clear breach of the Consumer Credit Act 1974.A very clear breach but it still doesn`t stop them from doing so Whatever you do, stop sending out CCA requests to every DCA that writes. The company that now owns the debt knows they cannot produce the agreement so should not be farming the debt out. The debt is unenforceable until a valid agreement is sent to you. Until that happens, they cannot pursue you for the debt; add interest to the account; pass the debt on to anyone else Yet 2 other DCA`s have done just that ; issue a default or process any of your data.

 

If you haven't already done so, get a copy of your credit file and see if it has been defaulted and you should also find out from there whether the debt has been assigned to another company.I will do that today.

 

Come back here when you know the answers and keep us informed if RW raise their heads to ask for money. Don't worry you are in a strong position at the moment and all the companies that have written to you will be worried that you might find out why.

 

Thanks for the input,will keep you all up to speed on whats going on,

 

Cheers

 

[lookinforinfo]

The legislation you asked about is the "Consumer Protection from Unfair Trading Regulations 26th May 2008"

If you want an idea of how it works take a look at BabyBear's thread

CCA, DCAs and the Unfair Commercial Practices Directive - The Consumer Forums

[A6er]

Thanks for the link