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Robinson Way and sainsbury card debt

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Original cc debt was with Sainsuburys, they passed it on a few years ago and I've been paying Robinson way ever since. They send a card so it simply gets paid each and every month. However, the debt has increased somewhat since they took it on.

 

Anyway, I now no longer answer any of their letters, they send the same one each month saying I'm late with payment blah blah....it's simply that I don't pay them when they want paying but instead pay them the same time each month ....all it would take is for one of their staff to update their systems to reflect the date I pay on rather than churning out needless letters saying they haven't received payment etc..

 

Anyway, I have now opened the last two from them, one is the same as they usually send the other is a statement....but I can't quite work it out...it says at the top of the satatement...

 

Account Number xxxxxxxxxxxxxxxxx

Account Type Terminated Agreement with Robinson way (ex sainsburys)

 

and it gives a statement period and shows all payments..

 

but at the foot of the statement it says 'Closing Balance' which is significantly higher than the original owing amount....but is this a closing balance and they've also terminated the agreement (not that I have ever agreed to anything with Robinson Way...

 

or is just their usual annual statement.

 

 

My next move will be to Subject Access Sainsburys..there is nothing on my credit file with them...but the debt exists and I guess I've only used the free online credit report from the one CRA...i'm probably on others CRA's files....Original agreement which I have yet to request a cca was pre 2000


I reside in Dawlish Warren but am not a rabbit.

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send cca request to robbers way and post up minus personal details when they reply...they have 12+2 days to respond..after this time account goes into default and you do not need to offer them any payment

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They are required to send you a statement of account every year under the CCA 2006;

fully implemented 01 October 2008;

if they do not, then they cannot enforce.

 

It is up to you, as to whether you wish to challenge the authenticity of the agreement upon which they rely.

 

If so, then make a Request under section 77/78 of the Consumer Credit Act 1974; requesting a true 'executed' (signed) copy of the (alleged) Consumer Credit Agreement and any other document referred to in it.

 

The statutory fee payable is: £1 GBP, mark this payment: (postal order is best)

CCA STATUTORY FEE ONLY.

 

As stated above, they have 12 working days + 2 for postal delivery to reply.

 

AC

Edited by angry cat
spelling

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I have never received an annual statement from any DCA or OC for any of my debts:(, dont they like me?


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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They still ask for the money, even though they are all unenforceable:(


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Sent of a CCA request to Robinson re a debt with a well known supermarket chain, ...1 month on and I receive from Robinson a 7 page

credit agreement with their reference number written in pen at the bottom of the page.

 

There are zero details at all of mine on the agreement re myself and the supermarket chain....there is no place from my details, no boxes ticked, no

signature boxes nothing.

 

They also enclose a letter requesting that I now make good the balance within 10 days.

 

Next step? I'm tempted to just ignore them and contact the original creditor direct, I've paid Robinson for 5 years with no payments missed and yet now all of a sudden they want it in full on the back/absence of a true signed agreement and with no thought given for 5 years of payments made etc


I reside in Dawlish Warren but am not a rabbit.

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I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**


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I'll SARS the Original Creditor and speak to them direct and send Robinson the letter above.

 

Not sure what is to be gained by them sending me a credit agreement but with my details or signature on it, it quite clearly does not meet the requirements of the CCA, true signed copy and all that.


I reside in Dawlish Warren but am not a rabbit.

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Robinson way seems to ignore the law regarding an original credit agreement, surely they must be abusing the credit consumer act, by sending out false and forged credit agreements when customers use they rights to ask for them???

I have wrote a similiar thread, which as a copy the the credit agreement robinson way sent me, forged signatures and no account numbers, what is this country coming to if the law allows these people to get away and abuse the legal system..

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I didn't even get that, just 7 pages of a credit agreement without any of my details or indeed anywhere where my details could have been...

 

Totally worthless them sending it to me , if they're so stupid to think that I'll now continue to pay them in the absence of any agreement well that really is their bad luck.

 

 

 

 

Robinson way seems to ignore the law regarding an original credit agreement, surely they must be abusing the credit consumer act, by sending out false and forged credit agreements when customers use they rights to ask for them???

I have wrote a similiar thread, which as a copy the the credit agreement robinson way sent me, forged signatures and no account numbers, what is this country coming to if the law allows these people to get away and abuse the legal system..


I reside in Dawlish Warren but am not a rabbit.

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Looks like they have nothing, exactly the same in my case, and are trying to bluff you into paying. They will know it works with a percentage of the people who contact them so for them its worth a try, even though its wrong.

 

Cerbs letter will illicit a response, but bear in mind Sainburys may have a copy of the original and did not pass over to Robbers when they bought the debt. So not home free just yet;)

 

Stick at it though.


Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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I can go one better, in reply to my CCA Robinson Way made one up and put my latest address on it; that’s two addresses on from when the account was opened in addition they used up to date default charges ect. When I sent the CCA to Sainsbury’s all I got was an application form with no prescribed terms on it. In a word Robinson Way made up a Credit Agreement and purported it as coming from Sainsbury’s.

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I used the section 77/78 letter from the template section.

 

I got back a month later from the DCA a copy of a Credit Agreement and a paragraph or so down it states it's also 'conditions of use' .

 

The document is 4 pages long, mentions in a table format the interest rates and a few other bits and pieces and gives at the end a right to cancel with a place to put a signature and date it. There is no place on these four pages where I could sign for the credit agreement...I guess this is fundamentally an issue, I should at least be able to see where I have to sign for the agreement? There are no dates mentioned on the sent document

 

I wrote to the DCA after they sent the above stating that I did not feel it was what I had originally requested and went on to state that I required a true and signed copy of my agreement so as to be able to check it's validity etc.

 

The dca responsed stating that in their opinion they had sent what they needed to (enter the thread on here ' why not to send off for a cca re the 77/78 etc)

 

They have written several times since but given they haven't in my opinion sent what I requested then for me the account is still in dispute (I sent the dispute letter previously)

 

In any case, I've now had a read through the 'credit agreement/conditions of use card and contained within this 'credit agreement that the dca feel is consistent with their obligations under the request I made under the CCA 1974 are three what I think are pertinent bits of information (watch some cagger piddle on my parade)

 

1, At the top of the agreement is a line that contains in print my name and address. So, it's feasible that this agreement may be part relevant to me ..sounds all correct.

 

But then it gets a bit strange because

 

2, Also contained in this alleged agreement is reference to a particular 'Act' and

3, Reference to another piece of 'legislation'

 

The problem is my original credit agreement was in force 2 years before these acts even existed.

 

Am I right in thinking that either A. The DCA has sent their own knocked up agreement and just inserted my typed name into the four pages or are the OC entitled to send out 'condtions of use' and Credit Agreements at varying intervals during your stay in credit with them so to speak?

 

I tend to think the DCA have been somewhat dishonest....


I reside in Dawlish Warren but am not a rabbit.

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Just a couple of questions.

 

When was your agreement taken out ?

Who was the card issuer ?

Who is the DCA ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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97 The agreement, The OC is a well known Supermarket and the DCA is a well known outfit on Cagger but would rather not say in open post. Have sent you a PM..Well I tried but it says youv'e exceeded your quota of messages blah blah.

Edited by Deb T

I reside in Dawlish Warren but am not a rabbit.

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Ah ok my pm box is full so will make some space.

Reason I asked is that they all have different ways of dealing and being evasive.

I was going to point you to a CAGGER best able to advise,based on those answers if u know what I mean.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ah ok my pm box is full so will make some space.

Reason I asked is that they all have different ways of dealing and being evasive.

I was going to point you to a CAGGER best able to advise,based on those answers if u know what I mean.

 

Hmm, well ok I've sent you the info but I have done this with you once before regarding Citi-Financial and you were to come back to me on a few things but never did?


I reside in Dawlish Warren but am not a rabbit.

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Latest epistle from them received today contained a sentence in big bold beautiful lettering at the foot of the page stating

 

Please note that by an agreement dated xx xxxxxxx 2009 your account noted above was assigned by Robinson Way & Company Ltd to whom all monies are now due.

They have in the past alleged that they own the debt they're attempting to collect from me but a SARS mid August 09 from the original creditor showed my account as being updated by them (the OC) with each and every payment made to Robinson Way.

 

Their above assignment 'notice' seems simply that of a trimming of their company name, they don't own and never have owned my alleged debt but 'to whom all monies are now due' seems just a little misleading.


I reside in Dawlish Warren but am not a rabbit.

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they may of just been acting for the OC before, and may of now purchased the debt.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I think this may be RW reassigning to themselves in a slightly different company name following a management buyout.

 

It's strange wording... 'assigned by' ... doesn't really make sense! Assigned from who to who?


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Robinson Way & Company Limited have passed all their LEMONS on to their new company:

Robinson Way Ltd.

 

Yesterday, I received a letter and at the bottom was a giro slip upon which stated similar.

Basically it says that the LEMONS have been assigned by;

Robinson Way & Company Limited to:

Robinson Way Ltd.

 

Please see Link:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2637420.html

 

AC

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Deb's letter implies the monies are due to Robinson Way & Company. D'oh! Duff notice of assignment!


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Name & Registered Office:

ROBINSON WAY LIMITED

LONDON SCOTTISH HOUSE QUAYS REACH

CAROLINA WAY

SALFORD

M50 2ZY

Company No. 06976081

 

 

 

 

 

Status: Active

Date of Incorporation: 29/07/2009

 

Country of Origin: United Kingdom

 

Company Type: Private Limited Company

Nature of Business (SIC(03)):

None Supplied

 

Accounting Reference Date: 30/09

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 30/04/2011

Last Return Made Up To:

Next Return Due: 26/08/2010

 

Previous Names:

Date of change Previous Name

30/09/2009 ROBINSON WAY & COMPANY 2009 LIMITED

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