Visit from Rob Way & Co debt collector

[Dibsthefrenchie]

This one has been ongoing for a while now, but will try to keep it short!

 

The debt for around 3.5k was originally with Kays and token payments had been made to Robinson Way until July 2007, when I sent a CCA request and stopped payments.

 

The letter they sent in reply stated that I would not have a signed credit agreement, as I am deemed to have agreed to the t&c's when I placed my first order. I have received endless letters threatening court action etc since then.

 

Today, I had a debt collector knock on the door, took me completely by surprise as they had not mentioned this previously, I refused to deal with him, and he threatened that a bailiff would drive by my address to assess the value of my home and any cars on the driveway, nice! I asked when they had obtained a CCJ against me, they haven't, and made it quite clear that I considered his behaviour threatening and he was to leave my property immediately.

 

I have now prepared two letters to send to Robinson Way, the first to stop them calling at my door, and the second letter is the CPR request.

 

Please can anyone advise if there is something else I could or should be doing, and legally how do I stand with this one?

 

Dibs.

[angry cat]

That is a clear breach of the OFT Guidelines and the Consumer Protection from Unfair Trading Regulations (CPUTR's)!!!

 

Report them to:

Consumer Direct;

Trading Standards &

The OFT

 

 

AC

[Dibsthefrenchie]

Hi Angry Cat, thanks for your response. I have reported them and others several times and get absolutely nowhere, it's really frustrating that the guidelines are not upheld, but still intend to contact TS again.

Dibs.

[postggj]

my god

 

you had a commission hungry debt collector at your door

 

does not happen that much, no money in it

 

you should feel honoured

 

times must be hard for the dca:grin:

[angry cat]

The Consumer Protection from Unfair Trading Regulations 2008

These new consumer protection rules came into force in May 2008. They are designed to stop traders acting unfairly including the use of what the rules call ‘aggressive commercial practices’. These rules may help you tackle harassment by your creditors because the OFT and trading standards now have the power to take enforcement action against creditors. This can lead to fines or even imprisonment if the creditor is found guilty of an offence.

 

The OFT has issued guidance on how they will take action under the rules. This includes examples such as:

 

•a debt collector pressurising you to repay a debt by contacting you at unreasonable times such as late at night or at unreasonable locations such as your workplace;

•a debt collector threatening you with action, such as use of bailiffs, to recover money for unenforceable debts.

If you think you may have a complaint about your creditor under these rules, contact Consumer Direct."

 

Trading Standards will have to do something about Robinson Way threatening you with the use of Bailiffs!

The CPUTR's have now been incorporated into UK Law.

 

Report Them!

 

AC

[kurvaface]

08454 040506

[diddydicky]

you could try this one- leaves very little room for them not to understand

 

Re Your Ref AccountXXXXXXXXXXXXx

 

I am anxious to resolve matters with regard to the above matter. You are not assisting in this respect by harassing me and causing unnecessary stress. .

 

Please stop making telephone calls to me. This includes my home and work landlines and/or my home or work mobile telephone numbers . It is very distressing , harassing and annoying to continually have to get up and monitor the telephone and filter out unwanted calls..

 

I Will not under any circumstances discuss this matter verbally over the telephone or in person.

 

Cognisant of the ever increasing threat of identity fraud and theft of personal financial information and data, it has been our family policy , for quite some time now, in dealing with all our bank , service and other financial providers that we never give personal security information or a part thereof to inbound telephone callers , nor do we discuss financial matters verbally.

 

The above policies also apply to personal uninvited callers to our home and for this reason I would also ask you to note that I would never agree at any time for you, your agents or representatives to call personally at my home nor would I ever discuss this matter with an uninvited personal caller, therefore please do not ask to make any such appointment. or use “threats” of personal calls to my home..

 

In light of the above it therefore follows , given that any further calls by telephone or personal uninvited call from you, your agents or representatives would never “get past” confirmation of identity nor would any “security “ information be disclosed , any further attempts by you to contact me in this way can only be seen (by a right thinking person) as an attempt to continue to cause further harassment and distress.

 

It may be the case that you were unaware of the reasons why I will not accept telephone calls and/or personal callers, however now that you are fully aware of the reasons , if you continue to ignore my request it will be at risk of formal complaints and possible legal proceedings and claims for damages.

 

 

 

 

- 2 -

 

 

It is also our family policy, in respect of dealings with bank , service providers and other financial providers to insist that ALL communications are in writing in order to avoid any dispute as to what may or may not have been said or done and to provide an audit trail of events. This can only be to our mutual benefit.

 

Whilst I appreciate that this is a very formal way of contact it does in fact allow the matter to be dealt with in a more efficient and businesslike manner..

 

I undertake to respond to written communication (excluding letters asking me to call you on the telephone or to make appointments or “threaten” personal calls to my home) normally within 7 days and certainly no longer than 14 days of receipt.

 

As a consequence of the foregoing you may therefore assume that any written communication from you which is not responded to by me within 14 days is likely to have not reached me and you may wish to re send the document- particularly if it is considered to be an important one.

 

May I also remind you that as holders of a licence to operate under the Consumer Credit Act it is your responsibility to be aware of and act within the rules of the CCA and OFT rules and guidelines and it is not for me to have to quote the legislation to you

 

 

I trust I have made my position clear and that we can now try to resolve this matter more amicably and efficiently .

 

 

Yours sincerely

[Dibsthefrenchie]

Thank you, that is an excellent letter and certainly leaves no room for any misunderstanding. It will be on it's way this morning!

Dibs.

[diddydicky]

Thank you, that is an excellent letter and certainly leaves no room for any misunderstanding. It will be on it's way this morning!

Dibs.

 

As a consequence of the foregoing you may therefore assume that any written communication from you which is not responded to by me within 14 days is likely to have not reached me and you may wish to re send the document- particularly if it is considered to be an important one.

 

 

and this bit will fillet their donkey nicely in court if they come the old "we sent a letter and didn't get a reply from the defendant" cobblers

[mintygit]

Wow! A doorstep debt collector they are very rare, what did they look like? Did you get their picture, good idea to either have a cctv or hold a digital camera with video recording capability when they arrive they will soon leave you alone as they don't like to be filmed or recorded.

[Dibsthefrenchie]

This one at least appeared to be educated, but it was clear that he was given very little info from Rob Way.

I have had a debt collector call round from Scotcall, he was wearing a really old, scruffy track suit, honestly thought he was beggar, well I suppose he was really, he tried to tell me that I would be taken to court for not giving him my husbands mobile number, he was a typical bully, told me he was a bailiff until I asked to see his licence, I suggested that he left the property before I called the police.

[mr.ton]

Report them all to the OFT, trading standards & the police (not 999) asap.