Cap1 credit card + Robinson Way CCA letter

[Nomore Baloney]

Hi

 

I recently sent Robinson Way a CCA request. They sent me a copy of a credit card application and several pages of terms and conditions with a printed adte at the bottom of 20.1.04, some 3 years or so after I applied for the card.

 

 

 

I understood from reading that this did not comply and wrote back with the standard default template, and also remarked that the date of their terms was 2004, and so not relevant.

 

They sent back a letter telling me they had complied.

 

 

 

 

 

 

Any advice on what to do next?

Edited January 23, 2009 by Nomore Baloney

[PGH7447]

nothing, the account is in default until they send a valid agreement

[Nomore Baloney]

Do I not write back telling them they havn't complied and that they ARE to stop processing data etc.

 

Thought the content of their letter was quite patronising really and wouldn't mind putting my (correct) point of view accross, as I am sure they will contact me shortly after money.

[PGH7447]

Personally why waste paper and stamp trying to explain to idiots that an agreement needs certain terms and conditions, they are the supposed experts so if they dont know by now what an agreement looks like then why bother.

[ODC]

Do nothing until they send another begging letter. They havent complied with your CCA request in any way shape or form. They know it and thats why they say they MAY issue proceedings and would also explain their offer of a favourable discount. They have no hope of getting a CCJ against you and they know it.

[lookinforinfo]

You might want to take a read of this thread by Peterbard-

http://www.consumeractiongroup.co.uk/forum/general/93663-letters-dti-oft-regarding.html

 

in the third post he has a letter from the Department of Trade and Industry [ who are a tad higher up the ladder than Robinson Way when it comes to ruling on matters of the Consumer Credit Act] and they say "It is also a breach of the Act and the Regulations to send the application form rather than a “true copy” of the Agreement.

You can keep that in reserve or fire it off straight away. Your choice.

[berrylover]

To be honest I would sit back and do nothing, Robbing Sons Way will write to you. When they do come back and get some more advice.

[pt2537]

i do like their quote

 

please be advised that by making payments you have admitted liability blah blah blah

 

well, Mr Robbingson way and Co

 

Go Read section 173(3) CCA which confirms that the debtor can withdraw consent to enforcement without fear of liability

[Nomore Baloney]

Just got a begging letter from RobinWay. Should I ignore or send them some legal advice from here? Any ideas?

 

 

Thanks

[PGH7447]

now send them the account indispute letter:)

[Nomore Baloney]

I sent them default letter in early Jan, they sent back this letter:

 

 

 

 

I liked the bit where they say they are not prepared to enter into repetitive correspondance....

 

 

 

 

So I sent them the Account in dispute letter in late Jan.

[angry cat]

Oh God, not Rebecca Cooper!

 

The short application that you have been sent is unenforceable;

End of.

 

You can't blame her fro trying though.

 

Ms. Cooper/Robinson Way should take more care about the constant computer generated letters that are being sent to real people;

these constant letters could be construed as harassment!

 

AC

[ODC]

Rebecca may be speaking the truth when she says they and CAPONE have complied with your CCA request. The problem is that what they sent is totally and utterly unenfoceable through the Courts. She is however talking balls when she states that you have admitted liability for the account by making payments. You can dispute the liability for any account at any time.

[Nomore Baloney]

What would you say is the best way of responding to this then please?

[seniorservice]

Post #4 by PGH7447 is the best advice - nothing to be gained by constant correspondence with Rebecca Cooper/RW/CapOne who are in denial. They know what's required of them with a CCA request - it's just a pathetic attempt to frighten you.

RW are up for sale and the chances are all the accounts will end up somewhere else pretty soon.

Clear your desk, Rebecca!