Robinson Way/Capital One

[angry cat]

A friend has been in dispute with CapOne and RobWay for about 18 months;

No CCA, just a short application form;

PPI mis-sold, penalty charges etc

 

He has written all the letters to Elli Renshaw et al;

letters to RobWay.

 

Made a CPR disclosure request, which was ignored.

Issued letters of cross claim, which were ignored

 

The matter became boring, every month Robway send their usual pay up or else; letters filed under, BORING.

 

The usual monthly letter has come early BUT!

The letter purports to be from Horwich Farrelly Solicitors. However, clearly RobWay are just using their own template letter on Horwich Farrelly letter headed paper in the wrong corporate colour. Obviously, a bad print template letter.

There is no address for Horwich Farrelly, just a telphone number: 0161 743 9971, which is not their telephone number.

their telephone number is: 0161 834 3585

 

Covert misleading tactics from RobWay. The letter reads as follows:

 

The above account has been referred to us for collection.

Our client advises that you have ignored requests for payment;

they are now considering Court Action against you, unless you settle the above in 10 days. (next wednesday)

 

You must pay this account in full, if you cannot afford to do so please contact us without delay on 0845 605 1366.

 

Signed

Horwich Farrelly

Regulated by the Solicitors Regulation Authority."

 

Originator of letter RobWay HQ

Return envelope included, addressed to London Scottish House.

 

Not on is it?

sending out a letter which pretends to be from a solicitor!

 

AC

[angry cat]

gentle bump

[Pinky69]

Your friend can report them to the OFT. Apart from that I would just ignore them. They have no credit agreement and can take no action and even if they had they cannot claim a full balance without issuing a Default Notice. I have one of CrapOne's DNs and is just that - crap. Crapone don't answer anything they don't have a template for as they don't know which button to push for anything unusual. I sent a complaint to their Complaints department and got 3 different replies from 3 different people and all of it was nonsense. I am surprised they are still in business.

[diamondgirl]

No its not on angry cat and as Pinky says what a surprise they are still in business.

 

DG

[angry cat]

Right, there are two lever arch files containing correspondence to CapOne and Robinson Way.

Cap One owe monies in the form of penalty charges and;

a claim for refunds of mis-sold PPI was sent to CapOne and RW.

CapOne, refuse to refund the PPI premiums & interest.

CapOne/Elle Renshaw state that the account was sold to RW

My friends claim outweighs the amount that RW are pursuing; interest accruing daily.

RW & CapOne have been playing pass the lemon between themselves.

 

The account has been in dispute for such a long time now, one would have thought that RW would have given up the ghost.

But, clearly that is not the case.

Perhaps, they think that by sending some phoney solicitors letter will prompt payment by fear, or fright.

 

Oh No!

This is not a case of attempting to get out of a due debt, my friend is owed a substantial amount by Capital One and if they will not repay the monies, them Robinson Way will have to.

 

Monday, will see a short but sharp letter going of to the Senior Partner at Horwich Farrelly, not to the address on the letter but to the address as shown on the Law Society website.

 

Also, a complaint will be made to the OFT and The Solicitors Regulation Authority.

 

AC

[angry cat]

Well Bless My Soul!!!

 

Just been on to the Solicitors Regulation Authority (SRA) and apparently Horwich Farrelly have two branches.

 

Branch 1:

Alexander House

94 Talbot Road

Manchester

M16 0SP

 

Branch 2

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY...same address as ROBINSON WAY!

 

The SRA would not confirm that Horwich Farrelly are the in-house solicitor for Robbers Way, they just said that Horwich Farrelly have their second branch their at London Scottish House.

 

Good to know, isn't it!

 

Seems like some solicitors are becoming DCA's pimps...

 

AC

[PGH7447]

all my letters from HF are from robberway HQ too, must have a nice desk in the broom cupboard

[angry cat]

all my letters from HF are from robberway HQ too, must have a nice desk in the broom cupboard

 

Yes, but the letters are somewhat misleading;

they appear to come from Howich Farrelly and are signed by Horwich Farrelly.

But, everything else makes one think that they are from RW;

the font;

the wording;

the envelopes that the letters arrive in etc...

 

Could this be a breach of the Solicitors Regulation Authority code of practice?

 

AC

[angry cat]

An update!

 

A short but sharp letter was sent to Horwich Farrelly at the RW address, copy to their registered Law Society address. A Part 31.16 disclosure request was also contained within the letter.

 

I do not believe that this solicitor actually has a branch at RW; London & Scottish House.

 

The following letter has been received today 12 june from:

 

 

Horwich Farrelly

London Scottish House

Quays reach

Carolina Way

Salford

M50 2ZY

 

Re: Robinson Way (Ex Capital One)

 

Dear XXXXX

 

We refer to our last letter and note that the balance shown above has still not been paid.

 

Our Client will not allow settlement to be delayed any further and have now instructed us to commence Court Action against you.

 

This action can only be avoided if you either:

 

1. Pay the full balance as shown within the next 10 days,

 

OR

 

2. Tell us NOW why you cannot do so.

 

Remember we have someone available to speak to you any weekday between 8.00 am and 8.30 pm and Saturdays from 9.00am to 2.00pm on 0845 605 1366

 

COURT ACTION MAY MEAN COURT FEES, COSTS AND INTEREST ADDED TO THE SUM YOU OWE NOW

 

Yours faithfully,

 

Horwich Farrelly"

 

Solicitors available weekday from 8am - 8.30pm and

Saturdays 9.00am - 2.00pm. Since when did solicitors stay open, ALL HOURS???

 

Any fool could see by the font and layout of the letter, that this is from Robinson Way!

 

Err, A Part 31.16 dsiclosure request was sent and received by RW/Horwich Farrelly solicitors.

 

AC (on behalf of another)

Edited June 12, 2009 by angry cat
error

[Bazooka Boo]

Solicitors Regulation Authority: rule 13-in house practice etc.

[angry cat]

Yes, Horwich Farrelly do appear to be sending out somewhat misleading letters!

 

Letter going off ot the SRA on Monday.

 

AC

[angry cat]

Ah Ha!

 

Finally Horwich Farrelly acknowledge receipt of the Part 31.16 Request.

 

They state that they have passed on the request to their Client; Robinson Way who will be sending the requested docs...Don't hold your breath

 

Incidentally Robbers Way are in the same buidling at London Scottish House.

 

AC

[Bazooka Boo]

Incidentally Robbers Way are in the same buidling at London Scottish House.

AC

 

Now that really shouldn't be of any surprise to you:-o

 

How long do you think it will take them to walk from one desk to the other positioned 5 feet away to their left??

 

I would believe a child of 5 more if he closed his eyes and told me I couldn't see him!

[angry cat]

Ah Ha!

 

Finally Horwich Farrelly acknowledge receipt of the Part 31.16 Request.

 

They state that they have passed on the request to their Client; Robinson Way who will be sending the requested docs...Don't hold your breath

 

Incidentally Robbers Way are in the same buidling at London Scottish House.

 

AC

 

Hi Guys!

 

Please note in the above that Horwich Farrelly state that they have passed on the Request to their client Robinson Way (a Part 31.16 Request)

 

Today a letter has arrived on Horwich Farrelly letter head paper (photocopy) dated 9 July 2009.

 

Creditor ROBINSON WAY (EX CAPITAL ONE)

 

In accordance with your request we enclose herewith documentation in respect of the creditors claim.

 

Payment should be made within 10 days

 

PLEASE TURN OVER FOR PAYMENT DETAILS"

 

mouth dropped open upon opening as the Part 31.16 requested documents as long as your arm and all that they have supplied is the application form!

 

The application form, unenforceable, that was supplied 18 months ago.

 

If Horwich Farrelly actually wrote the above letter, I will eat my hat!

 

So, what now and why won't they disclose the requested docs.?

 

AC

[Bazooka Boo]

I would just continue with the same plan of attack as you have been doing. After all they have failed to comply with any legal request to supply the correct information, you could sdend them the template letter stating they have still failed to respond with the correct documents, or ignore, ignore, ignore..

Actually I just gave them a bell, and was met with the token scripted response

'Hello, you are throught to robinson way, can I take a reference please?

 

'Er, hello Robinson way, what company is this?

 

'It's robinson way.'

 

'Oh right, I thought you were robinson way! Are you a Debt collection agency?

 

'If you just give me the number we rang you on sir I can answer your question'

 

'So you don't know if Robinson way are a DCA or not?

 

'Not until you give me the number we called you on sir!'

 

'Well, its 0845 6051366'

 

click...................

 

There just no fun anymore, fuzzybobble has reduced them to a group of monks!:D

[angry cat]

Have been trying to obtain documents various under CPR 31.16 from RW.

RW passed matter to their in-house solicitor; Horwich Farrell (HF)

 

The docs. that they are reluctant to supply are:

documents relating to any insurance added to the account;

 

underwriting sheet showing any commissions paid by the broker;

 

true copy of any notice of assignment, default notice or enforcement notice that your client or the OC sent to me;

 

a genuine copy of the alleged deed of assignment and documentary evidence proving that your client has the legal right to collect on this alleged debt;

 

Bill of sale and all relevant docs relating to the Sale' rights and responsibilities;

 

a true notatised document proving that the account has not been securitized etc.

 

Note that the purported credit agreement that has been provided is, "An Application" form; illegible and minus of prescribed terms;

only current T&C's have been provided.

 

Now onto the nitty gritty!

 

Today, a letter has arrived from Horwich Farrelly (HF) which reads as follows:

 

"RE: ROBINSON WAY LIMITED (ASSIGNEES OF CAPITAL ONE)

 

Further to your letter dated 8th September 2009, contents which have been noted.

Under CPR 31.16 is a duty to produce pre action disclosure if documents are relevant to the dispute between the parties. A copy of the agreement, terms and conditions and statements have been forwarded to you previously by us and our client and Capital One.

Please confirm why the documents you have requested are relevant.

Upon receipt of your response, we shall reconsider your request.

 

As our client has been assigned the benefit of the agreement, it was not involved in the creation of the agreement or the underwriting procedure so these are not documents in our client's possession or control.

Our client is only obliged to disclose documents in its possession or control so we do not accept that our client is under any obligation to disclose the same.

We would suggest you direct your query to the original creditor, Capital One. If you do not agree with this view, please provide us with the appropriate legal authority suggesting our client is liable to produce them and we will reconsider your request.

 

We look forward to hearing from you in due course.

 

Yours sincerley,

 

HORWICH FARRELLY."

 

Note, the last para;

"If you do not agree with this view, please provide us with the appropriate legal authority suggesting our client is liable to produce them and we will reconsider your request."

 

Horwich Farrelly, are trying to get out of supplying the above docs requested under CPR 31.16...

 

Suggestions for a response, would be most welcome:)

 

AC

[angry cat]

My Response:

 

Horwich Farrelly Solicitors

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

 

Dear Sirs,

 

I write further to your letter dated the 2nd October 2009 and thank you for the same.

 

It has been noted that the documentation previously provided by your client in relation to the credit agreement are the only documents held and that you do not have the other requested items as

“...these are not documents in our client’s possession or control.”

 

I note that the document referred to, by you as ‘A copy of the agreement’ does not contain all the prescribed terms as previously indicated in my letters dated: 11/03/08, 02/04/08 and 26/06/08. In the circumstances, it remains my position that the credit agreement is irredeemably unenforceable and you therefore cannot enforce it against me. Furthermore, the terms and conditions that have been provided by both your client and Capital One are not the correct terms and conditions that would have related to the card at the inception of the account.

 

Please be so kind, as to refer to Section 78(1) of the Consumer Credit Act 1974 (“the Act”). The debtor can request a copy of the executed agreement (and any other document referred to in it). You will see from the document that has been provided “A copy of the agreement”, that there is a section marked: “Please enrol me in Capital One’s Payment Protection Scheme” with a tick box; ticked, ‘Yes’. In order, to fully comply with its obligation under Section 78 of the “Act”, your client should have provided the correct terms and conditions and the relevant Payment Protection Insurance documents, as the agreement would be deemed a multi -part agreement.

 

On the 31st May 2009, your client was considering court against me.

On the 10th June 2009, you stated: “Our client will not allow settlement to be delayed any further and now instructed us to commence court action against you.”

 

As you are no doubt aware, under CPR pre-action protocols, I am permitted to request disclosure before proceedings have started to assist the dispute to be resolved without the need for proceedings, to save costs and possibly wasting the court’s time.

 

Further, I am mindful of the Court’s ‘Overriding Objective:

Duty of the parties

Rule 1.3: The parties are required to help the court to further the overriding objective and;

Court’s duty to manage cases

Rule: 1.4(1) & (2).

 

Therefore, I would be most grateful if you would supply to me the outstanding documents, as previously requested, (21 times) in order that this matter can be resolved.

 

For the avoidance of doubt, I do not feel it unreasonable to request disclosure from your client;

I do not consider that the court would consider my request unreasonable, either.

As clearly when you issue a money claim against me, I am entitled to be provided the documents upon which your claim is reliant.

 

Yours faithfully,

 

AC

[Satterthwaite]

helping a friend with Capone and Rob Way, he has just received a letter from Horwich Farrelly usual nonsense about paying up. But at the bottom was the following

"Please note that by an agreement dated 26th September 2009 your account noted above was assigned by Robinson Way & Company Ltd to Robinson Way Ltd, to whom all monies are due.

 

Anybody else had this? Not sure of the legality.

Thanks (sorry for the hijack)

[angry cat]

helping a friend with Capone and Rob Way, he has just received a letter from Horwich Farrelly usual nonsense about paying up. But at the bottom was the following

"Please note that by an agreement dated 26th September 2009 your account noted above was assigned by Robinson Way & Company Ltd to Robinson Way Ltd, to whom all monies are due.

 

Anybody else had this? Not sure of the legality.

Thanks (sorry for the hijack)

 

Many have received similar.

Please note the following information taken from Companies House:

 

The WebCHeck service is available from Monday to Sunday 7.00am to 12 Midnight UK Time

 

 

Name & Registered Office:

ROBINSON WAY LIMITED

LONDON SCOTTISH HOUSE QUAYS REACH

CAROLINA WAY

SALFORD

M50 2ZY

Company No. 06976081

 

 

 

 

 

Status: Active

Date of Incorporation: 29/07/2009

 

Country of Origin: United Kingdom

 

Company Type: Private Limited Company

Nature of Business (SIC(03)):

None Supplied

 

Accounting Reference Date: 30/09

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 30/04/2011

Last Return Made Up To:

Next Return Due: 26/08/2010

 

Previous Names:

Date of change Previous Name

30/09/2009 ROBINSON WAY & COMPANY 2009 LIMITED

[angry cat]

CCA Search :: CCA Search Results :: Licence Details

 

 

Application / Licence Details

Licence Number:0630388Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Robinson Way & Company 2009 Limited 06976081

 

Categories:

Consumer credit

Credit brokerage

Debt administration

Debt collecting

 

Right To Canvass Off Trade Premises:No

Trading Name(s) (Current):

Chase Solutions

Express Debt Collecting Services

 

Issued Date: 21-Aug-2009 Date Maintenance Payment Due: 20-Aug-2014

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Graham Prosser

William Grant Murray

 

Historic Individuals that run the organisation:

Name Position

WILLIAM MURRAY DIRECTOR & COMPANY SECRETARY

 

Nature of Business:

Other

 

Current Address(es):

Address Type Address

Correspondence London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY

Principal Place Of Business London Scottish House, Carolina Way, SALFORD, M50 2ZY, United Kingdom

Registered Office London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY

 

Historic Address(es):

Address Type Address

Principal Place Of Business London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY

[angry cat]

CCA Search :: CCA Search Results :: Licence Details :: Licence History :: Event Details

 

 

Event Details

Licence Details:

Licence/Application Number Licence Status Applicant/Holder Name

0630388 Current Robinson Way & Company 2009 Limited

 

Event Details:

Event Number Event Type Date of Receipt Closed Date Status

2 Variation 05-Oct-2009 Open

 

Licence Event Details:

Role Name Action

LICENSEE Robinson Way & Company 2009 Limited Pending

LICENSEE Robinson Way Limited Pending

 

Address Type Address Action

Correspondence London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY Pending

Principal Place Of Business London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY Pending

Registered Office London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY

[Satterthwaite]

So it is due to a slight change in the company name, I am always a bit sceptical about companies that change their name.

[angry cat]

Where RW are concerned you should be sceptical!

 

You will note from the above that RW have not yet been fully granted their Consumer Credit Licence; it is pending...

[angry cat]

My Response:

 

Horwich Farrelly Solicitors

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

 

Dear Sirs,

 

I write further to your letter dated the 2nd October 2009 and thank you for the same.

 

It has been noted that the documentation previously provided by your client in relation to the credit agreement are the only documents held and that you do not have the other requested items as

“...these are not documents in our client’s possession or control.”

 

I note that the document referred to, by you as ‘A copy of the agreement’ does not contain all the prescribed terms as previously indicated in my letters dated: 11/03/08, 02/04/08 and 26/06/08. In the circumstances, it remains my position that the credit agreement is irredeemably unenforceable and you therefore cannot enforce it against me. Furthermore, the terms and conditions that have been provided by both your client and Capital One are not the correct terms and conditions that would have related to the card at the inception of the account.

 

Please be so kind, as to refer to Section 78(1) of the Consumer Credit Act 1974 (“the Act”). The debtor can request a copy of the executed agreement (and any other document referred to in it). You will see from the document that has been provided “A copy of the agreement”, that there is a section marked: “Please enrol me in Capital One’s Payment Protection Scheme” with a tick box; ticked, ‘Yes’. In order, to fully comply with its obligation under Section 78 of the “Act”, your client should have provided the correct terms and conditions and the relevant Payment Protection Insurance documents, as the agreement would be deemed a multi -part agreement.

 

On the 31st May 2009, your client was considering court against me.

On the 10th June 2009, you stated: “Our client will not allow settlement to be delayed any further and now instructed us to commence court action against you.”

 

As you are no doubt aware, under CPR pre-action protocols, I am permitted to request disclosure before proceedings have started to assist the dispute to be resolved without the need for proceedings, to save costs and possibly wasting the court’s time.

 

Further, I am mindful of the Court’s ‘Overriding Objective:

Duty of the parties

Rule 1.3: The parties are required to help the court to further the overriding objective and;

Court’s duty to manage cases

Rule: 1.4(1) & (2).

 

Therefore, I would be most grateful if you would supply to me the outstanding documents, as previously requested, (21 times) in order that this matter can be resolved.

 

For the avoidance of doubt, I do not feel it unreasonable to request disclosure from your client;

I do not consider that the court would consider my request unreasonable, either.

As clearly when you issue a money claim against me, I am entitled to be provided the documents upon which your claim is reliant.

 

Yours faithfully,

 

AC

 

An update!

 

Horwich Farrelly have totally ignored the above letter?

 

However today Thursday 10 December 2009, a letter has arrived from Robinson Way and not Horrible Farrelly; presumably HF have passed the matter back to RW!

 

"robinson way limited 8/12/2009

 

Robinson Way Limited (EX Capital One)

 

WHERE HAVE WE GONE WRONG?

 

On behalf of the above company we have sent you a number of letters, tried to telephone you, and our local Representative may (to) call at your address.

However, your account still remains unpaid.

 

Full payment is now due but this may not currently be within your means. We may be able to offer you a reduction in the amount you owe in SETTLEMENT of your account. To help you settle your account; you may be able to pay the reduced sum over 3 instalments.

 

Call us now to take advantage of this offer or to discuss alternative repayment options, or log on to http://www.robway.co.uk to pay or make an offer to pay.

 

If you are experiencing difficulties at the moment and need help or advice, please contact our trained financial advisor Lee Harper on 0161 935 3605.

 

Yours faithfully,

 

Collections Manager.

 

PLEASE NOTE THAT BY AN AGREEMENT DATED 26TH SEPTEMBER 2009 YOUR ACCOUNT NOTED ABOVE WAS ASSIGNED BY ROBINSON WAY & COMPANY LIMITED TO ROBINSON WAY LIMITED, TO WHOM ALL MONIES ARE NOW DUE.

 

IF YOU HAVE ANY QUERIES OR CONCERNS IN CONNECTION WITH THIS NOTICE PLEASE WRITE IN WITH DETAILS."

 

What a crazy situation, this is just going around and around in circles.

 

Any suggestions on a response?

[angry cat]

Have been going through my paperwork and noticed that, Robinson Way sent an almost identical letter last year; December 2008?!

 

AC