Rob Way/Horwich Farrelly reponse to CPR request cap1 debt

[sussex1]

Hi

 

I have had a long running dispute with Rob Way over the enforecability of an agreement they bought from Cap One.

 

As i was getting nowhere I sent them a CPR request and in response, which took 3 months, they simply sent the exact copy of what I already had

 

"http://i297.photobucket.com/albums/mm223/sussex1/capone-1.jpg"

 

There are many threads on this "agreement" and the concensus seems to be it is not enforecable.

 

My question is that now they have sent this in a response to a CPR request, what do I do now?

 

i must admit i've been sitting on it for a couple of weeks and today received a letter from Horwich Farrelly, in the same envelopes and from the address used by Rob Way threatening Court action if full balance not paid.

 

Any ideas?

 

thanks in advance

Edited December 1, 2009 by sussex1

[Undercover-Elsa]

Hi Sussex 1,

I'd remove your signature from the pic asap if I were you ;-)

 

Elsa x

[alfwithhair]

Usual rubbish from Al Capone

 

In order for an agreement to be enforceable, there only need to be four pieces of information, called prescribed terms.

 

1. Number of repayments;

 

2. Amount of repayments;

 

3. Frequency and timing of repayments;

 

4. Dates of repayments;

 

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

 

As this doesnt have these, its as much use as a chocolate teapot with regards to enforceability.

[Undercover-Elsa]

No prescribed terms that I can see on there. Did they send any terms and conditions?

Also, have you had a default notice? Validity of that is crucial too.

regards,

Elsa x

[Undercover-Elsa]

As this doesnt have these, its as much use as a chocolate teapot with regards to enforceability.

Put so succinctly.Love it!

[sussex1]

Thanks for the replies, i've been arguing for 18 months or so its not enforecable for the reasons you state but they insist it is.

 

This is why I decided to go down the CPR route. I'm not overly keen on issuing proceedings myself but am uncertain how to respond to what they are saying is their response to my CPR application? Do I get them to specifiaclly confrim this is all they have and is unaltered etc or should I be saying something else?

 

thanks again

[sussex1]

No prescribed terms that I can see on there. Did they send any terms and conditions?

Also, have you had a default notice? Validity of that is crucial too.

regards,

Elsa x

 

 

Elsa

 

these are the default and termination notices I had prior to Cap One selling to Rob Way. I don't think that Rob Way have copies as when i did a full SAR to Cap One a few months ago, Ms Renshaw confirmed they don't have them themselves!!

 

Are they ok do you think?

 

http://i297.photobucket.com/albums/mm223/sussex1/capone2601061-1.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/capone2601062.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/capone110206-1.jpg

 

thanks again

 

Sussex

[Undercover-Elsa]

Hi Sussex,

Congratulations

You have a seriously faulty Default Notice.

It should give you a stated date 14 clear days from the date of service.

Instead, they've given you "ten days from the date of this letter"

Research Default Notices on here. You'll then realise that, as they have sent a termination letter, they can only legally claim the arrears up to the time of termination. They've shot themselves in the foot with regards to the full balance.

Have fun researching,

Elsa x

[kurvaface]

hi sussex1

You should remove your signature and other personal info that is specific to you eg dates and amounts:)

[sussex1]

Hi Sussex,

Congratulations

You have a seriously faulty Default Notice.

It should give you a stated date 14 clear days from the date of service.

Instead, they've given you "ten days from the date of this letter"

Research Default Notices on here. You'll then realise that, as they have sent a termination letter, they can only legally claim the arrears up to the time of termination. They've shot themselves in the foot with regards to the full balance.

Have fun researching,

Elsa x

 

 

Elsa

 

I may be wrong but thought I read before that in 06 they only had to give 7 days. Have you ever heard this?

 

if i am wrong how do i go about settling now given Rob Way own the account? They bought it with an invalid DN. Is this for them to argue with Cap One?

 

thanks for all your help

[Undercover-Elsa]

Hi Sussex,

Regardless of that, they have to state the actual date.

I'll leave it for someone more experienced than I to advise on how to handle them.(Bearing in mind your agreement also looks unenforceable)

Some people tend to wait and do nothing unless/until they get taken to court, then use it as a defense, others write, state their case and negotiate a write off/full & final settlement on the basis the invalid CCA/Invalid Default Notice.

More advice on this welcome...

Elsa x

[sussex1]

further to this one, i continued to pursue them down the CPR route and received this,

 

http://i297.photobucket.com/albums/mm223/sussex1/241109012-1.jpg

 

i chose to ignore it as it doesn't even make mention of CPR and last week received this

 

http://i297.photobucket.com/albums/mm223/sussex1/241109013-1-1.jpg"

 

ive never had one of these before, any ideas as to whether i need to respond to either of these and get them to catagorically state this is all they have?

 

Any other views on the default notice and its validity would be gratefully received

 

thanks as always

[overdone]

They treated me to the same nonesense. Rob Way do not understand Pre court action protocol. They do not understand that anyone would want to challenge them. They are God after all.

[angry cat]

Looks like they are ignoring your CPR disclosure request; no surprises there then!?

 

However, I note that RW appear to be attempting to provide post contractual account information, as required under the Consumer Credit Act 2006; fully implemented 1st October 2008.

 

Was this information not provided prior?

[London000]

Hi

 

I have had a long running dispute with Rob Way over the enforecability of an agreement they bought from Cap One.

 

As i was getting nowhere I sent them a CPR request and in response, which took 3 months, they simply sent the exact copy of what I already had

 

http://i297.photobucket.com/albums/mm223/sussex1/capone.jpg

 

There are many threads on this "agreement" and the concensus seems to be it is not enforecable.

 

My question is that now they have sent this in a response to a CPR request, what do I do now?

 

i must admit i've been sitting on it for a couple of weeks and today received a letter from Horwich Farrelly, in the same envelopes and from the address used by Rob Way threatening Court action if full balance not paid.

 

Any ideas?

 

thanks in advance

 

 

Hi there,

You have still not removed the signature.

What you have to do is:

On your picture/photo on your PC right click and then edit, then make sure that you choose air brush or pen or anything, then place the arrow over the picture/letter and by keeping the button Ctrl pressed with the mouse or if you have a lap top run the arrow over the text/signature in your case over to clear or to apply any colour over you signature...then you can post it over the photobucket...

I only say that from my previous experience...

On the forum you will find the opposite of us checking ( I assume), then they will know how to play you in advance...

Feel free to tell me to shoo away but I have been trying to get out of a template situation for almost a year.

Good luck,

DD:cool:

[sussex1]

Looks like they are ignoring your CPR disclosure request; no surprises there then!?

 

However, I note that RW appear to be attempting to provide post contractual account information, as required under the Consumer Credit Act 2006; fully implemented 1st October 2008.

 

Was this information not provided prior?

 

 

no i only had the default and termination notice posted earlier in thread, prior to this letter. I've never seen one of these before, what are the implictions of them sending it now.

 

I dont think Rob Way even have the default or termination notice as when i did a full SAR with Cap One arou d a year ago they confirmed they no longer have them as they were sent so long ago.

 

 

 

thanks

Edited December 1, 2009 by sussex1

[angry cat]

Elsa

 

these are the default and termination notices I had prior to Cap One selling to Rob Way. I don't think that Rob Way have copies as when i did a full SAR to Cap One a few months ago, Ms Renshaw confirmed they don't have them themselves!!

 

Are they ok do you think?

 

http://i297.photobucket.com/albums/mm223/sussex1/capone2601061-1.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/capone2601062.jpg

 

http://i297.photobucket.com/albums/mm223/sussex1/capone110206-1.jpg

 

thanks again

 

Sussex

 

The 22nd January 2006 was a Sunday, therefore the DN could not have been sent until the Monday.

 

Prior to 1st October 2006, the specified time to rectify was 7 days after receipt of said DN.

 

In my experience DN's are sent out by 2nd class post and more often than not by 3rd class post; contract mail.

 

The DN in question could not have been posted until Monday 23 January 2006;

receipt of would have been unlikely to have occured until 25/26 January 2006.

 

Pity, that you did not keep the envelope.

 

RW/Horrible Farrelly ride a coach and horses over consumers.

 

We have been pressing for CPR disclosure for months;

last reminder sent, 9 weeks ago;

response: nothing, nada, zilch.

[sussex1]

im inclined to nothing and leave the ball in their Court

 

thanks

[angry cat]

Very Good;

Best way to deal with the matter!

[sussex1]

hi, still no response to CPR request but instead a further request for payment by a way of formal demand

 

"http://i297.photobucket.com/albums/mm223/sussex1/150310-1.jpg"

 

i'm not concerned re the threats but wonder as account was terminated prior to them buying it from Cap one and default noitce being faulty in addition to the doc itself not having all prescribed terms, if there is something I could/should be doing to close this.

 

They clearly must know what they have is rubbish or surely would have carried out the threat to issue a long time ago.

 

thanks as always

[kurvaface]

I'm of the view to let them continue wasting their own time. If they take you to court, what are the chances of them winning?

[overdone]

All they know how to do is send out template letters. Anything requiring intelligence jams their know how.

[PGH7447]

subbing - I love these fools

[sussex1]

is there any point replying to say i'm still waiting for the doc as requested under CPR or just let them continue to send random threats?

[kurvaface]

The cpr request is really saying "Bring it on" so see what they do.