Robinson & Way...can Anyone Help?

[ashdown]

Hi All,

 

I will do my best to keep it short.

Back in May Robinson & Way sent me a demand of payment for a Debenhams account. I then sent them a CCA request and Notice of Assignment early June, but never received anything and after the 12+2+30 delay passed I sent them a letter and they sent me back the £1 postal order but they kept sending letters for demands of payment for the debt to which so far they have not been able to bring one single proof. I sent them another letter to say to them that I will no longer communicate with them until the day they can show me proof that the debt belongs to me.

I recently received another letter from them requesting that I provide them with my past addresses for the last 6 years (which I will not do!!!) and I have noticed that they have made an unrecorded search on my Credit File.

Can anyone advise what should be my next step???

Thank you,

 

[davefirewalker]

yes

 

send them a letter stating that they have not complied with your statutory request and that they are in default and have also committed a criminal offence!

 

State that you deny any debt to them and that you will not communicate with them unless they can prove that a debt is owed.

 

The OFT has published guidelines on fair debt collection, which they have ignored and also they are possibly guilty of harassment in contravention of the "Protection from Harassment Act 1997" and S40 of the "criminal Justice act"

 

you do not have to answer them or supply any information to them.

 

If they call take a deep breath........DO NOT ANSWER ANY SECURITY questions....they cannot continue the call, as it would be in contravention of the DPA 1998.

 

think of it as a game........its hard at first but you will get more confident.

 

Start asking them their date of birth, mothers maiden name, address etc.

 

they will soon hang up......Oh yes and tell them that you are recording this call...

 

they WILL stop calling

 

robinson way are quite easy to shake off....but they will just pass it back and then you'll get another DCA chasing you..........

 

best to nip it in the bud and CCA and SAR debenhams....... see what they have to say.

 

rgds

 

Dave

[davefirewalker]

whoever it was...thanks for the click

 

Dave

[IdaInFife]

Account In Dispute

Ref:

Dear Sir/Madam

DO NOT IGNORE THIS LETTER - LITIGATION ADVICE

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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.

 

Thise limit has 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.

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.

Despite my letter regarding ANY communication from your company, which stated that I require ALL communications in writing, your telephone calls continue.

This behaviour constitutes harassment; the letters stated quite clearly to you that I require ALL communications in writing for future use. Do not telephone me again - remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information note that ALL telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint, containing copies of all correspondence including yours, has now been submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

 

 

Ida x

[davefirewalker]

Ida......i have a small problem with sky.......more a technicality

 

Its been an ongoing argument for about 18 months and I refuse to pay them.

 

full story over on my thread "cca's and dave v the world"

 

sorry for the slight hijack....

 

Dave

Edited September 6, 2008 by davefirewalker

[ashdown]

Hi There,

Thank you for your reply. Just a couple of questions:

1)Do I still need to CCA Debenhams despite having done that already with RW?

2) Where can I find a sample letter for a S.A.R? what kind of information do I need to provide to them?

 

Thank you so much all for your help