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Robbers Way are back again


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The last time you complained did they give their 'FINAL RESPONSE' ? If so then a complaint to the FOS might be in order....

 

No, we just stopped getting letters. But we had mail redirection until April, after which point they may have written but the letters not made it to us at our new address.

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Good,..I think the OFT will be very interested in this as it seems from your earlier postings that they actually did do something about it first time and got involved on a personal level (as opposed to taking a group of complaints and then progressing if there are a 'significant' number).....please keep us posted !!

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Will do.

 

I'm still puzzled by this latest letter though. I mean, it only asks us to contact them if we AREN'T the people they're looking for. How does that make sense? What might they be up to?! What happens if we do nothing?! What happens if we reply glibly saying we have never lived at the address in the letter - which we haven't?!!

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That's what I think angry cat.

 

Trading Standards just rang me wanting more details, they're looking into it. Strange thing though is that the woman I spoke to said she'd looked into whether RW's local TS had a file on them and she hadn't found anything. I would have thought there would be quite a large file :lol:

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  • 2 weeks later...

The usual bollox from Robbinscum Way. They are happy to quote S 189 of the CCA 1974 to say that they are not obliged to obtain the CCA. They fail to mention S 175 which places the obligation on them to obtain it from the original lender.

 

Also ask them for proof that the alleged debt was legally assigned to them and that notice has been PROPERLY served on you in accordance with S 136 nof the Law of Property Act 1925. If they want to quote the law then really they should quote it all and actually understand what it means. Legally they have to prove that a Notice of Assignment was served on you. This could only be proven if they

1. Delivered it to you by hand OR

2. Sent it by Recorded Delivery or Registered Post

 

The above is why I always include the following paragraph in my CCA requests as it gets rid of their excuses right at the start

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

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  • 2 months later...

Again posting here to save explaining whole history.

 

TS contacted us before xmas to say that RW had told them they had bought the debt from Barclays. This seems to be good enough for TS but not for me, they have never provided proof that the debt is a) genuine and b) they are entitled to collect it.

 

Hubby did have a debt to Barclays which he had been paying directly to them for years (old student overdraft and graduate loan) and having checked his statements has confirmed that his direct debit stopped at some point. BUT Barclays never wrote advising they were selling the debt on and RW have never responded to the prove it letter, they just keep sending more threatening letters. He doesn't have anything from Barclays with a contact number for the correct department or reference number, so attempts to speak to them about it have failed as no one can trace his account.

 

I am still astounded at how easily TS rolled over and left RW alone :confused:

 

What should our next step be? Even if they are entitled to collect this debt I don't want to deal with them, I know what they are like!

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TS vary from area to area and unfortunately if they don't intervene banks/DCAs take that as a green light to continue pressing for payment, even when they have no proof they are entitled to it. If you have sent the Account in Dispute letter, I would leave them to stew and ignore them. They can huff and puff but they cannot do anything without sending you proof of the alleged debt. They have no powers whatsoever.

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