Help! Robinson Way Cabot and Teserra???

[Zippy99]

I am being hassled by Robinson Way - constantly at the moment.

 

It is about a £4500 debt from a Cahoot Loan - they say Abbey (who own cahoot).

 

I have made one payment to them just recently for £100 but they just keep calling saying I am late,

 

I am in default.

 

To be honest they are so rude on the phone

- I just switch off

- they bully you into making arrangements -

they won't run through income and expenditure on the phone with me

- I don't know what to do.

 

The agreement was from 2001.

I looked at my credit expert file and cannot even see this debt.

 

They also collect an egg debt of mine too

- but I have not heard from them for ages on that one

- it appears on my record 3 times

- (twice as defaulted once as satisfied) again this was from 2001

- defaulted 2005.

 

Another Cahoot debt - my over draft £800 - in default listed as cahoot

 

Another Cahoot - Credit card 2001 Agreement 2005 default - is being collected and now listed as Cabot.

 

To be honest I am so confused I came on here to get some advice and saw all this stuff about CCA etc..

 

Can anyone assist - I have Robinson way stored on my mobile so I know to hang up

- I ask them repeatedly not to call me at work

- I am a Marketing Manager

- but went through a bad period 4 years ago

- and got addicted to online gambling

- all my current credit agreements are up to date

- I simply do not know what to do with these vultures who keep pestering me.

 

I would happily pay back the money if they did not talk to me like crap and did not bully - but they are rude.

 

Any ideas on how I can get out of this mess?

 

Regards

 

Zippy

[cerberusalert]

If the Cahoot one has been marked satisfied, then it's just that satisfied meaning it has been paid off. It looks as if they have cleared the one debt off first with what you have been paying rather than run two open a/cs. As for the other a/c first send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 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 will apply.

 

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.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[Zippy99]

Today I have received a letter from RobinsonWay:

 

Further to your request for a copy statement in respect of the above acount we enclose that document for you immediate attention.

 

We need to hear from you with your proposals for settlement of your account which is long overdue for payment, WITHIN 10 DAYS.

 

And that was it - along with all my statements ...no CCA - should I call up or send a reply letter saying that this is not what was requested ?

 

Advice please.

 

Many Thanks

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Zippy99]

Hi - Yesyerday I received from RWay a signed copy (by me) of the CCA from Cahoot / Abbey National Cahoot Ltd ,

however it is just an agreement - there are no T&Cs (it makes reference to them being attached in the copy).

 

Should I request these now and if so

- how do I know they are providing the actual T&C's issued at the time of signing?

 

Assistance please!

 

PS: Victory to note: £3060 returned by Barclays for a financial hardship case!

[cerberusalert]

Can you scan it, remove identifying details and post it up?

[Zippy99]

I don't havee access to scanner (can you believe we don't even have one in our office at work!) The agreement I got appears to be a photocopy/scan onto cahoot headed paper (thier logo appears twice at top)

 

My agreement is, however, the same in contents as this one:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1858655.html

 

The second page featured my signature dated after the T Swayer Sig.

[Zippy99]

Any help on this please Cerberusalert? Robinson Way have started to start calling me again several times a day - having looked at other threads there never seems to be a conclusion for me to compare with other people who have Flexi Loan agreements.

 

Incidently - I still cannot find this on my credit record anywhere as a debt.

[Blondmusic]

Send them the Telephone Harrassment letter below.

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {you’re Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to me, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

Yours faithfully,

[bigandyuk1]

Apart from the £100 extorted by Robbers and Way, when was the lst payment made on this debt by you?

[Zippy99]

I will double check the last payment as I have all the statements when I get home.

 

I looked on Credit Expert today though and saw this debt was shown on my report last July - but no longer exisits on there.

 

Thanks for replies

[Zippy99]

Ok , I have the following information:

 

The debt which RWay are chasing appears to last had a payment made (via PayPlan) in August 2005 according to the satements Rway sent me.

 

It no longer appears on credit expert/experian (was removed in the last year). However, I have found it on my Equifax report

 

According to that info they had it marked as settled in May 05 - when the balance was 4766 - a further 3 payments were made and the debt was sold for at 4637.01 - cannot be sure of exact dates as transaction date is 18th Dec yet Statement date is Sep 06

 

The thing is it is shown as settled here and not even on my other credit record and my latest letter from RW says I am 3 months behind so must pay £300 plus the next installment on £100.

 

I have entered into no agreement with them to pay this money - what should I do now.

 

And thanks for the letter post for dealing with calls - I have changed my home number recently so that saves some harrasment - just need to get them to stop calling my mobile all hours.

[mr.ton]

Refuse to answer security questions if they ring - they'll soon get fed up

[Zippy99]

so in other words ......just ignore them?

 

I don't want to do anything that comes back to haunt me later on, but this is certainly not damaging my credit record now as it is not on there.

 

Just want to get advice on what to do.

[jonni2bad]

so in other words ......just ignore them?

 

You can certainly choose not to talk to them on the phone and if you haven't already done so, make it clear to them, in writing, that you do not wish to discuss any aspect of the supposed debt with them on the phone.

 

...I don't want to do anything that comes back to haunt me later on, but this is certainly not damaging my credit record now as it is not on there...

 

Have you requested details of your credit files from all THREE credit reference agencies? If not, then just because it doesn't show on one, it doesn't necessarily follow that it won't be showing on another. I would advise doing this sooner rather than later.

 

What you need to establish is whether or not the debt they refer to is indeed yours - if it isn't then your actions must be very different to the situation where you are sure it is your debt.

 

Presuming that this is a debt you recognise, your next steps will be to clarify that they have provided all the necessary documents relating to your CCA request and also to a full statement of account.

 

In this manner, you will hopefully be able to identify if the agreement they have is valid in terms of the requirements of the Consumer Credit Act and if they have applied charges to your account which may be challenged by a separate process.

 

I would advise you to draw up a plan of action and follow individual parts of that to establish your position.

 

Purely for example purposes....

 

A. Write to them demanding that they cease telephone calls

B. Decide if they have provided the full details you requested - if not, write again and highlight their failings, demanding the items you need.

C. Sift through the statements you have / they supply and mark all payments which have been added to your account (i.e. default / late fees etc etc)

and so on...

 

Give yourself a course of action to follow.

[Zippy99]

 

I would advise you to draw up a plan of action and follow individual parts of that to establish your position.

 

Purely for example purposes....

 

A. Write to them demanding that they cease telephone calls

B. Decide if they have provided the full details you requested - if not, write again and highlight their failings, demanding the items you need.

C. Sift through the statements you have / they supply and mark all payments which have been added to your account (i.e. default / late fees etc etc)

and so on...

 

Give yourself a course of action to follow.

 

OK - So I have checked all three credit records

 

Experian - Does not exisit on this record

Equifax - Shows as Settled in May 2005

Call Credit - Shows as Default settled date Dec 2008 (I believe this is when RWay got it)

 

In every case though it shows as satisfied.

 

I am going to send the harrasment letter about the calls today.

 

In terms of the CCA - as per other Cahoot Flexi Loans they appear to be above board and enforceable -and from what I can see I have no charges to claim back.

 

I accept that there is a debt yes, however, I am not sure what I can do with Rway now - as they are now threatening doorstep collection.

[angry cat]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/213413-arghh-robinson-way-seeks.html

[Zippy99]

Thank for post - makes interesting reading but I am not sure what this means

[Zippy99]

Robbers Way are now calling me 3-4 times a day, despite me even speaking to a guy the other day to say I refuse to discuss this on the phone as per my letter. He said that they had no letter and went on trying to carry on as normal with negotiating payment. I ended up hanging up stating, I have just told you I am not willing to discuss this on the phone and as you are ignoring my request I shall be ending this call.

 

They called again just 25 minutes later!!

 

We changed phone lines back in July, so all these calls are on my mobile and I have logged them down for the past 3 weeks in a book. I simply reject the calls now - I work as a Marketing Manager in an open plan office and it is not appropriate to discuss such matters. I also know that they do bully you in to agreeing payments.

 

Where do I stand now?

 

* The credit agreement is enforceable

* I have been through the statement and there are no charges.

* 1 single payment of £100 was made earlier this year after some confusion*(see below) I thought I was paying for the egg debt Prior to that last payment was in 2005.

* They have ignored my two requests for written communication

 

Should I re-send the letter recorded delievery this time or contact OFT.

 

*My biggest gripe with Rway (aside from this harrasement) is they had another debt of mine which I religiously paid money on each month and then without warning or communication they passed it on/ sold it to another company Tessera who have registered the debt on my record but never ever contacted me (my Egg credit card does well - it now has three entries on my credit record)

 

All my dealings with them have been bad - I would not object to coming to an arrangement of some kind (as I ultimately will have to) but they are just so rude and unprofessional I cannot stand dealing with them.

 

Help would be appreciated on my next steps - I have got to the stage now where just recently I have even answered a couple of calls and shouted 'WHAT PART OF DO NOT CONTACT ME BY TELEPHONE DO YOU NOT UNDERSTAND' before hanging up - I know it is not the correct thing to do, but I simply cannot stand them calling calling calling

[Zippy99]

Please help - I need advice on what to do - Rway persist in calling me 3-4 times a day.

 

I just answered and explained I was not prepared to discuss this on the phone as per previous conversations and letters and he hung up on me!

 

I have receieved a letter now from a Solicitor regarding this debt (they are based at the same address)

 

Sadly because I have made a payment and the CCA is enforceable I am going to have to pay, however, I desparately need some help on how to deal with these bullies. I was inspired to take action against them through CAG and now feel rather stuck.

[Zippy99]

Thank- you Caggers for the support on this one.....

 

Am now sat in my office in tears after yet another Robinson Way call who now say they are calling on behalf of their client such and such solicitors.

 

They deny recieving any of my letters or my verbal requests to stop calling me during work hours and I was told on the phone that as I do work it is in my interest to make an agrement with them as they will get an attachment to earnings.

 

I was given hope by this site that I could stop the bullying, I have posted 3 times this month and not recieved any reply to help me

 

I feel completely abandoned - I tried to make a stand and am now left hanging - I don't know what to do...

 

Should I just agree a payment plan with them and be done with it?

[Seminole]

It sounds as if you accept that the debt is valid and that you want to clear it by making an arrangement with them.

 

If you are going to do this, you need to prepare a personal budget if you have not already done so and decide what you can afford to pay each month. In doing so you should make adequate allowance for your living costs and any priority debts (rent, mortgage, council tax etc). In essence you need to make sure that you can afford what you offer. This is as much as a court would order you to pay.

 

Make your offer in writing to RWay and state that this is the maximum amount you can afford. Tell them that you will make this payment by standing order (don't pay them using a debit card, credit card or direct debit). Also ask them for a written response and don't discuss it with them over the phone.

 

You appear to be getting quite upset about the telephone calls and you are letting them know it. All that is doing is to make them keep on calling. Their intention is to scare you, bully you and **** you off. If you continue to answer their calls they will only ring you more often because they know that it upsets you. Presuming that they ring and ask you to confirm your identity, all you have to do is to refuse to answer their security questions. If even that annoys you either press the red button on your mobile if they call you on that or put down the phone on them if they call on your landline. They may, in the first instance call you more often but they will soon give up and move onto their next victim.

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

Consumer Direct - Contact us

 

OFT Complaint form

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

http://oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[Zippy99]

I cannot believe that I wrote this over a year ago.

 

I have now not spoken to Robinson Way or made any kind of payment for well over a year. I have had an odd letter every month or so and perhaps get a call once or twice a month (certainly not the 6 times a day it once was).

 

Their collection of telephone numbers are stored in my phone and have a ringtone set to silent so I am not even disturbed by them.

 

I do wonder though - at what stage will they 'give in' Having purchased the debt in Dec 2008 - they only ever got £100 from me in May 2009 - surely you would think they would have taken action by now? It does seem like hollow threats if they never take any further action.

[Seminole]

There's no real way to answer that.

 

It sounds as if they've downgraded their collection activity but it's quite possible that it might flare up again especially as it gets nearer to when it's statute barred. Alternatively the debt could be sold on.