Nuthatch v HFC (Marbles)/Robinson Way

[nuthatch]

Letter from Robway today. Needless to say I nearly s*** myself because it had "Important Document" plastered all over it.

And what did it say?

 

"Please note we have not received a response from the original seller(that is HFC). This note is to let you know that we are continuing to seek an update, we willl let you know the response as soon as we hear.

Thank you for your patience.

 

I have written this exactly as it is composed. Have to say the grammar and punctuation leaves a lot to be desired.

And the tone (I think) appears very friendly as if....they want to be my pals

And, do they always refer to the original creditor as "the seller?"

 

Is this looking good for me?

 

Having read other threads,I thought they would have written back to say what they had sent me (i.e. an application form) was all they needed to provide.

[tiglet]

Just wait and see honey - just wait and see.

 

It may be that they will be nice, it may be that they won' - let's deal with that when it comes.

[nuthatch]

Two letters from RobWay.

1. Returning my £1 PO sent for CCA

2. Further to your request for a copy statement/agreement for your account. Our client confirms that all relevent information has previously been sent to you and that the balance outstanding as stated above is correct.

The account is now long overdue for payment and we look forward to receiving payment in full or your payment proposals by return.

 

All I have received so far is the illegible Application Form which I detailed in a previous post and wrote back to tell them it was not what I asked for anyway.

 

So, should I just bide my time? They still seem to be trying to be friendly

[Pinky69]

They are also trying to con you by telling you the OC sent you the information you require so pay up. This seems to be a recent ploy of DCAs as I had exactly the same this morning from Wescot (see my post on Wescot for today). There is no point in trading letters with them. I sent a short note to Wescot's complaints department saying a copy of the agreement was never sent and I wouldn't be having any further correspondence with them on the matter. If they write again after that you can just ignore them.

 

Hope you are feeling slightly easier in your bereavement - it takes time.

[nuthatch]

Thank you Pinky69. I am going to my sister's for Christmas as I need to start making new memories without my lovely husband who was "Santa" to a T

 

Do you think I should just do a quick letter addressed to to RobWay complaints dept or should it go to the OC?

[Pinky69]

A short note to Robinson Way Complaints Department at the address you have for them will do. Make sure you send it recorded delivery and as usual, print your name, don't sign.

[nuthatch]

Now I know they have lost the plot.

Bearing in mind I have not made a payment on this debt for months and they were removed form my DMP in Oct 08...this letter arrived today dated last week

 

Thank you for keeping your payments up to date.(No payment sent by me since July 088) Your account is now under review and we must ask you to contact us to discuss your future payments. Your circumstances, which will be fully considered, may now allow you to EITHER:

-PAY THE ACCOUNT IN FULL and improve your credit record (Call us -we may agree a reduced balance for you to settle this account); OR,

-INCREASE YOUR PAYMENTS so clearing the amount sooner.

 

Please call our payment counsellor, Robyn Smith, WITHOUT DELAY, to agree future payment terms. NOTE: Unless we agree otherwise you must continue to pay your regular instalment as follows:

 

Next Instalment £XX.XX WHICH MUST BE PAID BY 23.10.08

 

Absolutely mad. I know I'm probably a little further up the IQ tree than the employees in RobWay but how do I pay something 3 months after the date?

 

I wait with bated breath to see what they come back with when I don't reply or phone.

All I want is a low F&F offer. I don't want to escape the debt. Just want some payback for all the c*** they put me and my late husband through.

Edited January 16, 2009 by nuthatch

[nuthatch]

Bump.

[sosumi]

Now I know they have lost the plot.

Bearing in mind I have not made a payment on this debt for months and they were removed form my DMP in Oct 08...this letter arrived today dated last week

 

Thank you for keeping your payments up to date.(No payment sent by me since July 088) Your account is now under review and we must ask you to contact us to discuss your future payments. Your circumstances, which will be fully considered, may now allow you to EITHER:

-PAY THE ACCOUNT IN FULL and improve your credit record (Call us -we may agree a reduced balance for you to settle this account); OR,

-INCREASE YOUR PAYMENTS so clearing the amount sooner.

 

Please call our payment counsellor, Robyn Smith, WITHOUT DELAY, to agree future payment terms. NOTE: Unless we agree otherwise you must continue to pay your regular instalment as follows:

 

Next Instalment £XX.XX WHICH MUST BE PAID BY 23.10.08

 

Absolutely mad. I know I'm probably a little further up the IQ tree than the employees in RobWay but how do I pay something 3 months after the date?

 

I wait with bated breath to see what they come back with when I don't reply or phone.

All I want is a low F&F offer. I don't want to escape the debt. Just want some payback for all the c*** they put me and my late husband through.

Extra bump for you nuthatch xx

[nuthatch]

And another bump for any help with #32 please.

[Pinky69]

Nothing to worry about. The disputed account should be on hold until they have sent you a valid agreement but DCAs don't bother about what they should do and just press on regardless. What you have received is a template to put pressure on either because they know there is no agreement or what has been sent is legally unenforceable. At this stage I go to their complaints department and make a formal complaint that they are pursuing me for payment on an dosputed account that has no agreement, in breach of the CCA 1974. the Administration of Justice Act 1970 Section 40, the Data Protection Act 1998, the CPUTR 2008 amd OFT guidelines, with a copy to the OFT for their information.

[nuthatch]

Letter now gone off to Rob Way with Pinky69's input. Thanks.

I actually had another letter from them yesterday with an extremely polite reminder that my next payment was due..... yesterday

[nuthatch]

Letter from RW today following my complaint.

 

We advise you that this debt has been legally assigned to us and that our assignment is an assignment of rights and not the duties of the creditor under Section 189(1) of the CCA. Our assignment gives us the right to collect the debt, but we ourselves are not lenders and we are not obliged to provide you with any copy documentation. You are however within your rights to contact HFC Ltd directly.

As legal assignee under section 136 of the Law of Property Act 1925, we are entitled to pursue you for the sums due under the assignment. In addition, we are also entitled to process your data.

Even if you were to demonstrate that there was a failure under the CCA by HFC Ltd, rendering this account unenforceable, this does not mean that you do not owe the sum due. We note that since our assignment in XXXX XXXX you have made a payment in total of £XXX.XX and you have never disputed ownership of the outstanding debt. We therefore have a legal requirement to accurately reflect the account status with the credit reference agencies.

We trust this clarifies our position.

I do have a leetter from RW from last year that says

 

As we have now purchased the debt...

Should I just ignore this or is there something I can write in reply?

[dpick]

Letter from RW today following my complaint.

 

We advise you that this debt has been legally assigned to us and that our assignment is an assignment of rights and not the duties of the creditor under Section 189(1) of the CCA. Our assignment gives us the right to collect the debt, but we ourselves are not lenders and we are not obliged to provide you with any copy documentation. You are however within your rights to contact HFC Ltd directly.

 

s189 CCA 1974

“ 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;

 

Normal load of RW rubbish they know they are refusing to supply agreement they are in default etc. When they are defined as creditor under s189 CCA 1974.

 

As legal assignee under section 136 of the Law of Property Act 1925, we are entitled to pursue you for the sums due under the assignment. In addition, we are also entitled to process your data.

 

Even if you were to demonstrate that there was a failure under the CCA by HFC Ltd, rendering this account unenforceable, this does not mean that you do not owe the sum due. We note that since our assignment in XXXX XXXX you have made a payment in total of £XXX.XX and you have never disputed ownership of the outstanding debt. We therefore have a legal requirement to accurately reflect the account status with the credit reference agencies.

 

We trust this clarifies our position.

 

I do have a leetter from RW from last year that says

 

As we have now purchased the debt...

 

Should I just ignore this or is there something I can write in reply?

 

My opinion stop all payments and just write to them I believe that you are a creditor as defined by s189 CCA 1974 and no further payments will be made until you comply with s78 CCA 1974 request by sending a fully enforceable agreement meeting all aspects of CCA 1974.

 

dpick

[nuthatch]

Thanks dpick.

I did stop all payments a few months ago but still getting (rather polite) letters requesting payment which is why I sent the letter to the Complaints Dept as advised on CAG.

 

I will send your suggested reply tomorrow.

[dpick]

Hi forgot that this section of the CCA 1974 also applies

 

175. Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under a regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

funny they quote s189 but ignore s175

 

dpick

[nuthatch]

dpick your letter appears to have had some effect.

After a flurry of letters saying "please remember to pay etc" a letter arrived yesterday saying RobWay are investigating my complaint and no further collection activity will take place.

Hopefully the right hand will know what it's friend is doing but I won't hold my breath.

[nuthatch]

Last week, a letter arrived from RobWay saying that they were in receipt of my complaint (they continued to send letters asking me to pay when they had said they wouldn't).

The letter says "We are removing your name from our files and no further correspondence will be sent"

Do you think they have given up?

If the account remains in dispute they shouldn't be able to sell it on should they?

I hope it is because that is nearly £4000 gone from my (still huge) debt owing to others.

[miss muppet]

Well done Nuthatch, good to see you still battling away and doing so well, have been off the scene for awhile due to my own battles and my computer having to be given a new lease of life! If it does get passed to a new DCA send them the bemused letter:

 

I must admit that I am rather bemused as to why this account has been passed to yourselves as it has been in dispute withxxxxxxxxxxxxxxxxxxxx

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

 

Asxxxxxxxxxxxxxxxxxare now in default of my Consumer Credit Act request, OFT Collection Guidelines and have also breached s10 Data Protection Act request I consider this account to be in SERIOUS DISPUTE.

 

As you are aware, while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned toxxxxxxxxxxxfor resolution of these defaults and breaches as xxxxxxxxxxxxxxxcannot lawfully pursue any enforcement activities.

 

Ifxxxxxxxxxxxchooses 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 and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

[nuthatch]

Thanks for that. Oh, I do love this site.

[Pinky69]

No they shouldn't be able to sell it on but a little thing like consumer law and OFT guidelines won't stop them and if they do report them to the OFT, who right now are looking for all evidence of DCAs breaching law and guidelines. It would be another nail in Robinson Way's murky coffin. The OFT took MacKenzie Hall to task yesterday - following on quickly from taking 1st Credit to task - and one of the things they said specifically is that DCAs should not pursue payment whilst a debt is in dispute, especially when no copy of the agreement has been sent on request. All reports to the OFT help not only you but the millions who haven't yet found CAG. Good luck Nuthatch.

[spartathisis]

Robinson way have told me that because they assigned the debt they can chase me, report to CRA`s and take me to court, but dont have to provide me with a CCA or any other documentation!!!

 

No CCA (confirmed by HFC who sold the debt!), no N of A, different Deed of Assignment recently sent to the original (which I still have , 1999), OC`s DN ineffective and the list goes on. I am now thinking of asking for all my money back and chasing for damages