Robinson Way and co

[faichfolds]

When

 

Any advice would be appreciated

thanks in anticipation.......

Edited August 6, 2009 by faichfolds

[mr.ton]

2010 it becomes statute barred.

Im sure they can easily be fended off for another year or so

They are just trying their luck, they have no legal authority without going through the county court & as it will cost them money to take you there..they'll just try & threaten you into paying up.

[faichfolds]

sho

Edited August 6, 2009 by faichfolds

[godpikachu]

plus youre forgetting its the court that decides a repayment schedule, NOT a mickey mouse DCA.

 

AFAIK, the original CCJ terms should still apply, so therefore a DCA has no right to try and alter them without first going to court etc.

[ODC]

Unfortunately if there is a CCJ it wont become Stat Barred. Robbinscum Way will however have to convince a judge to let them enforce a CCJ older than 6 yrs.

[havinastella]

Faich,

 

What was the debt for? Credit Card/loan/overdraft?

 

How much was the judgement, what have you paid from it?

 

Are there any charges that can be reclaimed?

 

JOgs

[faichfolds]

They

Edited August 6, 2009 by faichfolds

[shakespeare62]

When I was a youngster, I got into difficulties with Barclays bank. In 1993, they got a CCJ against me, and I had to pay £1.80 per month.

I paid that every month for a couple of years, and then when I was able paid a larger sum. At this time the debt was handled by Elizabeth Handforth in manchester I think.

 

The last time I paid anything at all was 2004.

 

I have just received a letter from Robinson Way, demanding payment in full within 10 days or they'll go to court and get either

a process of enforcement

deductions from earnings.

 

I wondered where I stand with this, or are they just trying their luck?

I've never had anything to do with these chumps before

 

Any advice would be appreciated

thanks in anticipation.......

 

You also need to be told by the Original Creditor / Owner that Robinson Way is acting for them. Here is a sample letter you might use to Robinson Way :-

 

------------------

 

Dear Sir / Madam

 

I refer to the letter from your company dated __/__, which was received on __/__ by 2nd Class Post. [ i take it they sent it by 2nd class post !!!!]

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

 

1) I do not recognize your authority,

 

 

2) if you act for a Creditor then the OFT guidelines dictate that the Creditor MUST advise me that you will be acting for them and in what capacity.

 

 

3) In the event that you decline to comply, then please supply your Consumer Credit License to enable me to complain to the OFT that you are not a fit company to hold that license and request it's removal.

 

 

Yours faithfully

-----------

 

Note: The above refers to OFT Guidelines. The creditor must inform you if they are passing your details to a different Debt Collection Agency - else how do you know the DCA hasn't found your details lying in some dustbin ?

 

A copy of the OFT Debt Collection Guidance PDF can be found here :-

 

The Office of Fair Trading: Debt collection guidance (July 2003)

 

Note: Try and send your letter by RECORDED DELIVERY. If you can't afford that, then obtain a certificate of posting from the Post Office which is free

Edited January 3, 2009 by shakespeare62

[shakespeare62]

This is all about Civil Procedure rules. If the dispute raised in the sample letter above is not resolved then it is likely to put their costs in jeopardy should they go to Court. You can show that letter as part of your defence - they prematurely took the matter to Court, without attempting to resolve it first

 

Likewise if solicitors dive in and issue a claim, without sending you a letter before action or by ignoring the above, they are vulnerable to a 'flank attack' which could seriously ruin their day. See the example on this link (read all the posts):-

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/172678-cl-finance-howard-cohen-3.html#post1889884

 

Note: always be careful to read and understand any material before you include it in a letter. In the above example link, section 2 of the letter to solicitors would probably be irrelevant in your circumstances ...

Edited January 3, 2009 by shakespeare62

[georgie2404]

i have the same problem for a credit card taken out with barclays i think in 1999, iv just received a letter off robinson way saying they are sending someone round to sort out payments this is the first letter iv received since 2004, i made one payment then in apr of 15.00 but i went through some personal difficulties and made no more payments but at that time cabot financial had the debt, iv also looked on my credit report and there is nothing on there from any of these companies, iv done a cca which im sending monday but still dont know what i should be doing as as far as my credit report states i dont owe anything??? they are very bullying on the phone telling me i had to pay 60 a month and they wouldnt except anything more till we went through my incom they realised i had no spare money so excepted 5.00 a week, but after reading everything on here im not sending it them tilll they recieve my cca and sort all the paper work out!!!!!!!

[faichfolds]

shakespeare62, .

Edited August 6, 2009 by faichfolds

[jobmid]

When I was a youngster, I got into difficulties with Barclays bank. In 1993, they got a CCJ against me, and I had to pay £1.80 per month.

I paid that every month for a couple of years, and then when I was able paid a larger sum. At this time the debt was handled by Elizabeth Handforth in manchester I think.

 

The last time I paid anything at all was 2004.

 

 

They say the outstanding balance is c£1200, was for a loan I took out when I was 19. Am now mid 30's

I have no original documentation, as back in 1993 lol

 

Amount is for loan, legal fees and charges, orig loan was 2k

one or 2 questions if i might you said you paid £1.80 per month and then bumped up the payments how much did you bump it up to? would you have paid back the £2k plus interest or do you still owe it?

[faichfolds]

THe

Edited August 6, 2009 by faichfolds

[shakespeare62]

shakespeare62, thanks for your input. I have fired off the first letter, as suggested, and will post on Monday. Does this now mean it is in dispute, and they shouldn't go to the court?

Should I wait for a response, or write another letter, asking them to supply me with the original CCA?

 

your help is much appreciated......

 

Following a CCJ, a credit agreement and the issues of challenging its enforceability are no longer relevant in the sense that the issue has now been decided in Court.(unless you're going to appeal the court decision)

 

Secondly following a CCJ a repayment plan usually by installments, and at a rate you can afford is agreed with either the creditor, or by the Court. In your case I believe you stated this rate is £1.80.

 

If the post judgement repayment rate is to be altered the creditor would have to apply to the Court to alter it if no agreement can be reached with you. Any increase on your repayments would depend on whether you can afford it or not.

 

The first issue centers on whether Robinson Way have any right to collect on this debt. You rightly question this in your letter to them.

 

Robinson Way would have a right to collect this debt, if the original creditor still owns it but assigns collection rights to Robinson Way. This is called an Equitable Assignment. If this is the case, then OFT guidelines dictate that you must be informed by the original creditor that Robinson Way are acting their behalf.

 

Robinson Way would also have a right to collect this debt if the original creditor had sold ownership of the debt to them(usually for 10p in the pound or less) . This is called an Absolute Assignment. In this case you would need to have been sent a Notice of Assignment under section 136 of the Law of Property Act 1925.

 

In your case you have received neither a letter from the original creditor regarding Robinson Way, nor a notice of Assignment, just a letter from Robinson way saying you owe them money. If Robinson Way ignore your letter, then they are breaching Civil Procedure Rules by bringing a matter to Court prematurely. They won't get their costs, especially if you can prove that you have acted reasonably and they haven't.

 

Keep everything in writing. Don't talk to them on the phone.

 

If Robinson way can prove they have a right to collect this post judgement debt, then you should consider making them an offer that you can afford. If they reject the offer and take the matter to court to apply for an order to you to pay more, they will end up having to pay their costs if they are not awarded more than you have already offered.

 

Making an offer

 

Any offer you make should be in a letter headed "without prejudice save as to costs". This means that any offer you make them is not legally binding unless they accept it.

 

Your offer should reflect your circumstances. It may well be that you cannot afford any more than you are already paying, if so make it clear. e.g. :-

 

I am unemployed / temporarily employed / employed (delete as appropriate), I have no savings, no assets and I do not own any property (delete as appropriate), I am offering to pay £1 per month (alter as appropriate) which is the most I can afford. I hope my situation will improve in the next few months when I will pay as much as I can as soon as I can.

 

Finally should you take this matter to Court I am resolved to produce this letter to the District Judge on the question of costs.

 

I also would take the precaution of drawing up a budget planner for yourself, which you could produce to the Court if you have to. There should be some good spreadsheets available on this site.

 

There is a good posting on "without prejudice offers" at the following link :-

http://www.consumeractiongroup.co.uk/forum/legal-issues/159980-36-offers.html#post1715079

Edited January 4, 2009 by shakespeare62
edited typos

[shakespeare62]

By all means, follow up your initial letter in a weeks time with a reminder. Refer to the OFT Debt Collection guidelines, stating that you have still not received any notification from the creditor that Robinson Way are entitled to collect the debt.

 

Finish with "Finally should you commence proceedings I reserve the right to produce the letter to the District Judge on the question of costs".

 

Remember that, DCA's (Debt Collection Agencies) and their solicitors are only in it for costs.

 

The more correspondence they fail to answer the better.

[faichfolds]

So the

Edited August 6, 2009 by faichfolds

[jobmid]

So the ball is entirely in their court (no pun intended!), to provide the relevant documentation. The original creditor needs to inform me as well in writing.

 

As the CCJ was 15 years ago, would there still be record of it I wonder, and would Robbos even know about it?

 

Having read some other threads on this site, particularly relating to Barclays

"Barclays have never taken anyone to court", and the dirty tricks played, I amnot even sure now if there was a CCJ, after all I was a naive 19 year old at the time.

 

I remember filling out a budget sheet, and papers with Northampton on, however, I used to have a giro book, that paid direct to Barclays Bulk Collection, would that be the case after a judgement.

 

The ?ccj has never been enforced, if I missed payment Elizabeth Handforth would contact me as I was in arrears with the agreement, and I would pay enough to keep them at bay for a good few years.

 

At one stage they even offered to match my repayments if I paid more, this was back in 1996, would that be normal practice if their was a judgement against you?

 

The most surprising thing though is that my credit rating was never affected by this so called CCJ, being able to obtain credit in 1997 and beyond, from all high st lenders!

 

The reason I resent it is Barclays treated me very badly when I was just a naive youngster, and I feel 15years is quite long enough, I am now a responsible person with a responsible job and never had any problems since, surely I should be allowed to forget the mistakes of my youth!!

 

So did you go to court or not? Did you ever recive a judgement from a court? Have you checked your credit report latley to see if there is one on it?

 

If this has never been before a judge then you could ask for a copy of the cca as I am sure it would not exist anymore. You need to do a little digging it might be worth sending barclays a subject access request. To see if they have a ccj or not.

[faichfolds]

I'm n:

Edited August 6, 2009 by faichfolds

[shakespeare62]

No harm in sending them a 'CCA request'. You could send a letter like this which covers the situation either way :-

 

--------------------------------

 

 

[Your Address]

 

[Debt collection Agency Address]

 

IMPORTANT

[DATE]

 

Dear Sir / Madam

 

Your Ref: [ xxxx xxxx]

Account No: [xxxx xxxx xxxx]

 

ACCOUNT IN DISPUTE

Consumer Credit Act 1974 (CCA 1974)

 

I do not acknowledge ANY debt to your company, nor have I been informed by any other company that you are authorised to act on their behalf - which is a requirement of OFT REGULATIONS.

 

I require you to supply the following documentation before I will correspond further on this matter :-

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within The Consumer Credit Act 1974 (sections 77-79) - your obligation also extends to providing a statement of account.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. 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.

 

4. I expect you to comply fully and properly with this request, within the statutory time limit. Your attention is also drawn to s.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) and the Office Of Fair Trading (OFT) Debt collection guidance (July 2003).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

 

 

Yours faithfully

 

[PRINT YOUR NAME] ** DO NOT SIGN THIS LETTER **

 

List Of Enclosures :-

 

Enc 1 - postal order for £1 payable to [Debt Collection Agency Name]

 

--------------------------------

 

Remember to keep the receipt for your postal order and recorded delivery slip. Also its a good idea to write on the back of the postal order you send, words to the effect :-

 

"To be used solely to pay for a copy agreement request made under s77 - 79 of the Consumer Credit Act 1974"

 

This prevents them from cashing it and using it for other purposes. If they do they commit fraud.

 

Note: Don't sign the letter. This prevents someone you don't know, from scanning your signature and possibly using it illegally e.g. to reconstruct a false copy of a credit agreement.

[faichfolds]

Clas...

Edited August 6, 2009 by faichfolds

[shakespeare62]

This DCA is also known for telephone harassment - if you get any problems let us now.

[faichfolds]

lu

Edited August 6, 2009 by faichfolds

[faichfolds]

I ha

Edited August 6, 2009 by faichfolds

[faichfolds]

app

Edited August 6, 2009 by faichfolds

[faichfolds]

I ha

Edited August 6, 2009 by faichfolds