Robinson Way & Company Ltd

[Victoriaplum]

had a phone call a few weeks ago out of the blue saying i owed capital one over £1000. i wouldnt confirm my name etc with them as they didnt have my first name only initial. anyway got rather angry on the phone as they said debt was from 4years ago and from an old address. they started going on about a different address which ive never lived at aswel.

Well i did have a card with capital one which was paid off 2 years ago ( dont have anything to prove though). i told the lad on the phone im not paying anything till i get a copy off my credit agreement he said i cant have it. so i just put phone down as was very annoyed at this point. Since then they have been ringing up numerous times a day but i just put phone straight down on them.

Recied a letter off them yesterday saying some one is going to come visit me.

 

i dont think this debt is mine and i want to write a letter asking for a copy of my agreement but i dont know how to word the letter and what to ask for.

so any help or advice would be great.

 

am new to this site so sorry if sounds all muddled up

 

thanks in advance.

[stikky62]

Hi Vicky.

 

before going down the CCA route, send them the "prove it" letter >

 

Dear Sir/Madam

 

Account no:xxxxx

 

You have contacted regarding the account with the above reference number xxxx which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.[/font]

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter. (print only)

 

Yours faithfully

Edited August 16, 2008 by stikky62

[stikky62]

As for the threats of a doorstep visit, they probably wont come (if they do tell them to bugger off), but you can send this as well >

 

DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY

 

YOUR REF xxxxxxx

Dear Cretins

 

I refer to your recent correspondence.

 

I note it is 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 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 civil action will be taken.

 

Yours Faithfully

 

Remember, don’t sign the letter. (print only)

 

[emmaf01]

Two of the best letters to use (the last of the trinity is the telephone harassment letter).

[Jesteruk]

Just a quickie

NEVER SPEAK TO THEM ON THE PHONE just hang up

[stikky62]

Two of the best letters to use (the last of the trinity is the telephone harassment letter).

 

Oh yeah, i forgot about that one, Cheers Emma

 

Telephone Harassment Letter

[Victoriaplum]

thanks for them letter going to get them sent off this week

[Victoriaplum]

bit of an update, well sent them letters off 2 weeks ago, sent them special delivery and kept the reciepts. Anyway i now recieved letter saying following my request they have asked capital one to provide copy of the agreement or documents to prove the debt is mine.

 

so now my question is do i reply or just sit and wait?

 

thanks again.

[Jesteruk]

Just sit & wait.......& wait.........& wait

 

its now up to them

[Tartan Barty]

I've been waiting since March!!!!

[emmaf01]

I'm in the Capital One waiting room!