robber way/cap one

[sandman131]

i am currently having 3-4 phone calls from robbinson way regarding cap one account, i have cca'd them and they have sent me the normal cap one agreement which i have told them is unenforceable but they keep phoning,sent dispute letter but they just say they have complied with the request,they now want to talk to my legal advisor when i am present to tell them why it is not enforcable,any ideas how i can do this as all info i have used came from this site?is there any free legal advice i can get to back me up?

[blueda]

Hi sandman131, when they phone you, refuse to give any security passwords, note the time of the call, ask for the callers name and write it down ( if they give there name ), then tell them to communicate in writing, if the calls continue then send the letter regarding telephone harrasment from this site, as for a legal advisor, you dont need one if the creditor has not supplied a valid CCA copy. There is a further follow up letter to send which im sure someone will be along and post it here.

[diddydicky]

i am currently having 3-4 phone calls from robbinson way regarding cap one account, i have cca'd them and they have sent me the normal cap one agreement which i have told them is unenforceable but they keep phoning,sent dispute letter but they just say they have complied with the request,they now want to talk to my legal advisor when i am present to tell them why it is not enforcable,any ideas how i can do this as all info i have used came from this site?is there any free legal advice i can get to back me up?

 

can u start by posting up the agreement the sent you in response to your cca request.

 

can you afford to shell out 90 odd quid for a truecall, unit (deduct it from payments to them if you are making payments) this will stop ALL unwanted calls and at the same time keep a log of all the calls they make

[sandman131]

i have scanned what rob wat have sent hopefully you can view it and give me some advice,is it enforceable?

[creditcardmug]

Its too small to read, you might try uploading it to photobucket and pasting the link into your thread.

 

That said, it looks to me like the usual rubbish from cap1, how old is it?

Do robway own it or are they just acting as a DCA?

 

Meanwhile send this to the morons

 

I DO NOT AKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Re: = xxxxxxxxxxxxxxx ACCOUNT IN DISPUTE

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

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 OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people 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.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

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

 

 

I look forward to your reply

 

Yours Faithfully

[sandman131]

rob way have sent me a notice of assignment,the cap one is dated from dec,03

[creditcardmug]

Dont speak to them on the phone, keep everything in writing,

Send them this in response to the app form they have supplied

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Your Ref: xxxxxxxxxx

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute.

I refer to your letter of DATE and your response to my request under s78 (1) of the Consumer Credit Act 1974

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the "1974 Act" sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

The terms & conditions attached have no relevance as they are clearly not part of the document

 

 

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading's guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement is unenforceable, it would be in everyone's interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

Yours Sincerely

[sandman131]

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