Robinson Way-original agreement

[sams88]

CAN ANYONE HELP WITH KPR? HAVING TROUBLE STARTING NEW THREAD!!! Hi, I have been dealing with Robinson Way for a number of yrs after a joint loan was passed to them (my ex was meant to have paid it off with house proceeds). I have recently asked them for a copy of the original agreement as they have started sending me final notices etc (they do not chase my ex for any money). How long do they get to send me this info & if they dont what is the next step?

Any advice much appreciated!!!!

Edited August 14, 2009 by sams88

[PGH7447]

if you sent a cca then they have 12+2 days

[sams88]

Thanks for that, they have acknowledged they have received my request & say they have passed to the relevant department. To be honest, I am not sure what I am looking for when I receive it!!!! Any advice please???

[PGH7447]

post it up on here using photobucket and we can see what they have sent you

[sams88]

Will do, thank you for your help!!

[sams88]

Hi, Just a quick update!!! Sent the recorded delivery CCA on 20th July, they acknowledged receipt but have heard nothing since!!! Should I now be doing something about this???

[PGH7447]

you need to send the account in dispute letter, also if you are paying them anything you are entitled to stop payments

[sams88]

OK, i will give that a go. Many Thanks again!!

[PGH7447]

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

__________________

 

[sams88]

IS anyone able to help me with KPR?

I gave asked all correspondence in wrinting but all they keep doing is writing to me to tell me they will not accept my payment offer & to call them to discuss!!!!!! Really getting me down now!!!

[PGH7447]

dont speak to them if they phone just say in writing and put the phone down, next step is to raise an official complaint against them

[sams88]

Thanks for the info,shall I just carry on paying what I originally agreed with nationwide?

[sams88]

Hi....An update on this thread.

After receiving no respone from the CCA request apart from acknowledging they had received it, I sent the Account In Dispute letter by recorded delivery on 12/8/09.

Am I to assume they are not going to respond to this & any advice on what my next move is??

 

Thanks

[sams88]

Hi All, an update...................... Last correspondence from these lovely people was that they were no longer dealing with this account & any standing orders to them should be cancelled.

Usual letter received again on 22nd October saying they have been instructed to collect money etc.

I wrote back saying they have told me they are no longer dealing with my account.

On Saturday I received another letter saying, where have they gone wrong, I havent replied to their letters etc etc!!!!!!

Do they know what they are doing????????????????????

[ScarletPimpernel]

Thread moved to Debt Collection forum.

[PGH7447]

Do they know what they are doing????????????????????

 

No

[sams88]

Thanks Scarlet, I didnt know how to move thread!!

PGH-does this mean I have to start the process with them all over again?

[PGH7447]

Nope, they are stupid, just send a photocopy of the leter saying they had ceased activity

[sams88]

HAve done that. Thanks PHG, let s see what comes next!!!