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Robinson Way & Cap1 card debt


jacko428
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Hi all,

 

I recently wrote to Robinson way regarding constant telephone calls (which I never answer) letter sent recorded delivery, but still they keep phoning me.What is the next step I should take with these muppets.

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Report them to the Office of Fair Trading and Ofcom. The OFT don't deal with individual complaints but it will be marked in RW's file and noted when they come to renew their consumer credit licence. I use BT's Choose to Refuse service. You enter the number calling into the system and it blocks that number. Since calls from DCAs are computer generated, the call goes unanswered by anyone at the DCA. I have had peace perfect peace ever since. There's a charge for the service but it is more than worth it.

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  • 2 months later...

Hi one and all,

 

Shock horror!

 

I recently sent a CCA request to the above and low and behold the duly requested document arrived this morning with the following covering letter.(See below)

 

The document although signed by myself in September 2000 does not look like a Credit Agreement, at the top left corner it has Form 4042 Application Certificate.

 

Account No:xxxxxxxxxxxx Amount due £907.78 Reference No:xxxxxxxxxx

 

Further to your request for a copy agreement in respect of the above account, we now enclose that document for your immediate attention.

 

We need to hear from you with your propsals for settlement of your account, which is long overdue for payment, within 10 days.

 

Where do I go from here as I am now a bit confused,

 

also I would have thought that this account may possibly be statute barred as I have not made any payments on this account for at least 6 or more years but I have no proof as to when the last payment was made.

 

Any help/advice would be much appreciated.

 

Ian:mad:

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You could send the Statute barrred letter and SAR the OC.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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You could send the Statute barrred letter and SAR the OC.

 

Since replying to your last, I have been having a look through some documents and have come across a payment made to Robinson, Way in March of last year in respect of Capital One the account that they are chasing me for so I cannot send a statute barred letter as the last payment was only just 15 months ago.

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send a sar to crap1 to check what the activity has been on this debt, also to see if there are any charges / ppi that could be claimed back or used to offset the amount alledgely owed

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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You may be lucky and your SAR might show a gap of 6 years ;) It's worth a try and if the account isn't SB'd you'll already have the statements for a charges reclaim :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 1 month later...

Hi one and all,

 

My good friends above are at it again. After sending the CCA letter to them back in mid May and response to my request.

 

I then sent the customary account in dispute letter,

then along comes a letter from Horwich whom I asume is one of the same

asking me why the account was in dispute as muppets Robinson Way had sent me a CCA on 3rd June.

 

Well my response to that was that I had never received any such response from them.

 

Then low and behold a letter arrives today from Curds and Way, I give them 10 out of 10 for their cheek.

 

Letter headed as follows:

 

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 have call at your address. However, your account still remains unpaid. At this point I feel like wiping the tears from my eyes.

 

Full payment is now due but this may not currently be within your means. We may be able to offer you areduction in the amount you owe in SETTLEMENT of your account. To help you settle your account, you may even 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 etc etc 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.

 

I do not think I will be responding to them unless I send them an harassment letter.

 

Ian:lol:

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Wow! Their letters have not changed much over the years, still trying the old 'we are your friends and want to help' rubbish, bunch of mugs! I used to get the same letters with the same wording from them way back in the late 90's, used to ignore them all the time!

 

Soon dropped them as my chasing DCA many years ago, the fools!

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I do not think I will be responding to them unless I send them an harassment letter.

 

I might look at knocking up an "amusement" letter to send DCA's, some of their computer generated threatogrammes are truly laughable, quite why they would even dream of trying to befriend an alleged debtor is beyond me, clowns!:lol:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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However pleasant and condescending their carefully scripted begging letters may seem you could rest assured that if you rang the Mount St Threat Centre and spoke to one of their greed driven telephone threat monkeys the Mr Nice Guy attitude would disappear

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You could send this::

 

WHERE HAVE I GONE WRONG?

 

On behalf of myself I have sent you a number of letters , I must admit I have not tried to telephone you, or entertain your local representative who may have called at my address. However, this account still remains in dispute. At this point I feel like Crying at your miserable failure to understand this simple concept.

 

Full payment is Not now due and never will be even though it is currently within my means. I will not be able to offer you any payment towards the disputed amount. I owe nothing in SETTLEMENT of this alledged account. To help you understand, THIS ACCOUNT IS IN DISPUTE.

 

I will never Call you now or ever to take advantage of any offer or to discuss any alternative repayment options, or log on to or offer to pay or make an offer to pay ANYTHING.

 

If you are experiencing difficulties at the moment in understanding this, and need help or advice, please contact a trained financial advisor or the OFT.

 

regards

 

Jacko

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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My method is not as clever as PGH but may or may not be as effective...

 

I would simply post an A1 sized sheet of paper, folded several times of course to be able to post, and on it would be written in massive bold letters taking up the whole width/length of the paper...GET STUFFED ASSHOLES I DON'T WANT TO BE YOUR FRIEND!

 

With in small letters the ref/account numbers.

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My method is not as clever as PGH but may or may not be as effective...

 

I would simply post an A1 sized sheet of paper, folded several times of course to be able to post, and on it would be written in massive bold letters taking up the whole width/length of the paper...GET STUFFED ASSHOLES I DON'T WANT TO BE YOUR FRIEND!

 

With in small letters the ref/account numbers.

It may not be as clever but bearing in mind the CRETINS you are dealing with it certainly would be in language even they could grasp

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I'll post a letter I sent them in the same vein as theirs, and got to talk to Hayley Felton! She was as full of wind about the alleged debt as Ellie Renshaw at Capital One.

 

Hopefully the OFT will look at the complaints and stop them getting a licence.

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  • 1 month later...

Hi all,

 

Back in May I sent a CCA request to Moorcroft Debt Recovery no CCA was forthcoming so the account in question defaulted on 9th June.

 

I have today received a FORMAL DEMAND FOR PAYMENT for the same account from Robinson Way surely they are not allowed to do that.

 

What letter do I now send to Robing Way please?:evil:

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this one

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, 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.

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.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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this one

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

ACCOUNT IN DISPUTE

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original/DCA** and has been since DATE 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **original/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Also be advised that I will only communicate with you in writing.

Furthermore, 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.

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.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

Yes that is the letter I thought I would send thanks for your reply.

 

Ian

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  • 2 weeks later...

Hi all,

 

These people just do not give up and they are beginning to get my back up to put it politely.

 

The account in question was originally with Moorcroft to which a CCA letter was sent and it went into default on 9th June 2009 as no CCA was forthcoming.

Moorcroft for some reason decided to pass the account on to Robinson Way I duly sent an account in dispute letter to Rob Way just over a week ago.

 

Today 21st Sept I have received the following from Rob Way:

 

NOTE......IMMEDIATE ACTION REQUIRED

 

This is a notice about your unpaid account which is in our hands to collect.

 

I will not go on with the rest of the drivle in the letter, but surely as this account is already in dispute they are not allowed to be doing this.

 

What next? Do I just ignore or send them another letter?

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