Robinsons Way!!!

[\s and J]

Hi all

 

My girlfriend and I are having a few problems with Robinsons Way and were hoping fro some advice on what to do next.

 

We started getting letters around 8-9 months ago from RW claiming my girlfriend owed £1300. She was with someone else then and isn't sure if they had taken out the said loan or not in the first place.

 

She rang RW asking for a letter detailing the initial loan, we never received this, but did start receiving phone calls all times of day and night up to 5 times a day. At first she simply said that she wanted proof she had taken out the said loan in the first place, but they seemed to ignore this and just kept ringing until we blocked their number.

 

Now we have been getting letters every so often, threatening people coming round or court action. We have ignored these up until now as they still haven't provided us with details of the initial debt. Today we have received a letter from Horwich Farrelly Solicitors saying we have 10 days to pay before they take further action!

 

We still have no idea if this debt was even taken out by my girlfriend to start with as initially when the phone calls started they asked for her ex (Who she hasn;t been with for 6 years!!) they have since told us over the phone that because they couldn't find him so they are now taking it up with us.

 

Can anyone please give us some advice on what to do next?!?!?!:-?

 

Thanks in advance!

J

[izzitme101]

any idea when the loan might have been taken out?

and was it a joint loan?

either way, cca them i reckon

[sorrylittlelot]

over 6 years with no acknowledgment or payments made by yourselves, me thinks it's statute barred

[havinastella]

Send them this

 

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

JOgs

[\s and J]

It was a joint loan, which was being paid by the ex by direct debit.

Not too sure when the loan was actually taken out, was definately before 2004.

Might be a stupid question but what is a CCA?

 

Cheers

[sorrylittlelot]

It stands for Consumer Credit Agreement

 

This is a Credit Agreement regulated by the Consumer Credit Act 1974

[sorrylittlelot]

here is a copy of the letter

 

Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

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.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

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.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[izzitme101]

Have you paid any in the last 6 years at all? if not it will be statute barred for sure.

Cant remember where the letter is for that one, someone will post it shortly im sure.

[\s and J]

That's brilliant, thanks a lot for the quick responses. Much appreciated!! I will post what they come back with on here.

 

Thanks again

J

[\s and J]

My girlfriend set up a direct debit with them after all the scaremongering they had tried on. When she told me I cancelled it straight away, so we haven't actually paid anything, but not sure if her intent to pay anything will go against us???

[havinastella]

Don't pay a penny until you know what the debt is for.

 

Send the prove it letter, If they respond with details ask for the Agreement, hopefully by then it'll be stat barred

 

 

Jogs

[\s and J]

So we should send the letter about the CCA first, then if they respond send the one denying any knowledge of the debt?

 

sorry if I sound dumb here, am a complete newbie to al of this!!

[IdaInFife]

My girlfriend set up a direct debit with them after all the scaremongering they had tried on. When she told me I cancelled it straight away, so we haven't actually paid anything, but not sure if her intent to pay anything will go against us???

 

 

was it just a dd mandate attached to one of their letters?

 

she didn't put it in writing she was setiing this up with a certain amount?

 

hopefully you have sent the prove it and need to wait on a repsonse from that

 

ida x

[\s and J]

When they rang up my girlfriend set up a direct debit then, but told me that night and it was cancelled before anything was taken out of her account.

 

Nothing was set up in writing at all.

[havinastella]

I would be inclined to get that account cancelled ASAP.

 

JOgs

[\s and J]

Just like to say a big thanks again to all who have replied to this thread. I have the letter drafted up and will post on here any responses from RW.

 

Thanks

J

[IdaInFife]

re dd that's ok .

 

just need to wait and see what the monkeys send now

 

ida x

[\s and J]

Hi all,

 

just a follow up to the previous posts.

 

We sent of both letters as suggested above by recorded delivery on the 22/4/2009.

 

The last letter we received from RW/Horwich Farrelly, was on the 17/04, which indicated if we didn;t pay up with in 10 days then they would be instructed to take legal action.

 

Today 30/4, we have another letter from RW/HF, not in response to our request for proof of debt, but saying they have now instructed court action to be taken if we don;t pay within 10 days.

 

Any ideas what to do next would be greatly appreciated.

 

Thanks,

J and S

Edited April 30, 2009 by \s and J

[IdaInFife]

you sent cca? if so

 

Account In Dispute

Ref:

Dear Sir/Madam

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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.

This 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.

Therefore this account has become unenforceable at law.

As 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. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

I know it sounds scary when the mention court but donlt worry as they are not responding your corress they are hiding something

 

 

Idax

[\s and J]

Hi Ida, thanks so much for your advice once again.

 

by my calculations we have to wait now until the 7th May until we can send this letter out, to give them the full 12 days permitted to reply to the CCA we sent out. So if we have heard nothing further by then will send this out.

 

Just another quick question; If they were to try and issue proceedings while we are in the process of trying to get these documents from them, would they actually be allowed to do that?

 

Thanks again

J and S

[IdaInFife]

the shouldn't but sometimes they do but most of the time they say this to try and scare you into paying

 

ida x

[\s and J]

That's what we thought, everything has been trying to scare us into paying from the very start. I can imagine a hell of a lot of people give in to these tactics as well.

I'm glad we done a bit of digging and found this website to help us. The advice we have collected from here has been such a big help.

 

As always I'll post any new correspondece we have with this scummy company!

[Pinky69]

They must produce the original in court and they cannot take court action without it. Since they haven't been able to send you a copy and given it is Robinson Way, who buy statute barred debts that don't even have legal bog roll as paperwork, I don't think you have anything to worry about.

[\s and J]

Hi all,

 

Another letter received today from Horwich Farrelly. 1 day within the limit we had set.

 

All this letter says is that RW are dealing with our complaint and will correspond with us direct. In the meantim our account is on a delay. There is no indication as to whether this is in response to our initial letter (of 21st Apr) asking for proof of debt or our last letter (of 7th May) telling them they had failed to supply us with the proof of debt with in the time allowed.

 

Any ideas on what to do next?

 

Thanks in advance.

J and S

[IdaInFife]

wait and see what they are going play with next

 

 

ida x