Robinson Way (Collecting for Cabot)

[Live4Life]

Hello,

I hope you are all well, I have a little situation that I need some help with.

 

Robinson Way called tonight and I confirmed my address and DOB, he said that they are collecting on a Cabot account and an Intelligent Finance loan.

 

I have asked him to send me a CCA via phone for the debts, do I still need to send a CCA request letter? (everytime I try to view the templates when logged in it doesn't show them!).

 

He said they couldn't hold the account any longer and in 72 hours someone would be coming over to see me.

 

He said he would request the paperwork and send it over. Will I just tell the guy im awaiting CCA (concidering they show up?).

 

Should I send x2 CCA requests to RW?

 

In a little pickle here, some advice would be greatly appreciated.

 

Thanks.

[cerberusalert]

Send the letter below for both a/cs. Include a £2 postal order to cover both and send recorded delivery;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards 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. (Delete if necessary)

 

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

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution 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 the Consumer Protection from Unfair Trading Regulations 2008, 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 if it is your intention to arrange a call from your 'Doorstep Collectors', 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.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[phil_nottingham]

No one will turn up!, it was just a stupid threat from a threat monkey!! ignore thier bluster.

 

You would have to ensure you put the request in writing with the required fee.

[Live4Life]

Thanks for that Phil - I will send and await the 12+2+30 period and see what I get.

 

I will post anything that I recieve!

 

Thanks

[themagician]

No one will turn up!, it was just a stupid threat from a threat monkey!! ignore thier bluster.

 

You would have to ensure you put the request in writing with the required fee.

phils right just another idle threat to get you to pay up on a probable unenforcable account ,chin up your with caggers now!!!!!!!

[42man]

It is just 12+2 days, the 30 days was scrapped at the last Consumer Credit Act amendment....so it is no longer an offence if they don't provide the agreement after the additional 30 days...they remain in default after the 12+2...

[themagician]

Thanks for that Phil - I will send and await the 12+2+30 period and see what I get.

 

I will post anything that I recieve!

 

Thanks

sorry its only 12+2 for a cca then its in despute:D sorry 42 man you beat me to it! cheers

[phil_nottingham]

If they call again just whistle down the phone:)

[lickthewallfatboy]

someone will be calling to see you

 

 

*YAWN*

[Seminole]

If R Way call again refuse to go through their security questions and put the phone down. I'm prepared to bet the farm that you would not have received the agreement as a result of that call. Always assume that a DCA phone monkey is lying to you. It's safer that way.

[angry cat]

RW collecting for Cabot.

 

RW are also collecting for Link Financial.

 

Make one wonder, why?

[phil_nottingham]

RW collecting for Cabot.

 

RW are also collecting for Link Financial.

 

Make one wonder, why?

 

Because two threat monkeys are better then 1?

[ODC]

RW collecting for Cabot.

 

RW are also collecting for Link Financial.

 

Make one wonder, why?

 

I was going to say that its because Robbinscum Way are more professional DCAs but then I thought

 

 

 

 

NAH

 

Cabot realise the debt is non enforceable so they have sold it further down the food chain to some other MUGS

[Live4Life]

k guys, I have the letter and will send it tonight recorded delivery. (I made little changes to the one above).

 

Here it is....

 

Robinson Way Limited My ADDY

Carolina Way

Quays Reach Salford Manchester

M50 2ZY

Date: 25/11/2009

Dear Sir/Madam

 

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreements relating to the specified accounts, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £2.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

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

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution 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 the Consumer Protection from Unfair Trading Regulations 2008, 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 if it is your intention to arrange a call from your 'Doorstep Collectors', 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 hearing from you.

 

Yours faithfully

 

Live4Life

Edited November 26, 2009 by Live4Life

[spamheed]

send a separate letter and postal order for each account. Treat them as separate entities. Otherwise you will confuse them

[Live4Life]

Ok I have sent x2 with £1.00 postal order each tonight, I will check when they get signed for and start the clock.

 

Its from the day signed +14 working days (16th/17th December if they get it Tomorrow/Monday).

 

Lets see what happens!

[Live4Life]

The letters go signed for today, I also has two letters from RW for each account (from the tele-call dated 25/11/09).

 

"Dear Live4Life,

Please note we have noted the dispute/query you have raised. We will make the necessary enquiries and let you know the outcome in due course.

 

In the meantime we will stop all activity for this account.

 

Please let us know if we can assist further.

 

Yours faithfully

 

The Collections Manager"

 

(Both letters the same)

 

On the bottom of one letter it says "Please note that by an agreement dated 26th of September your account noted above was assigned by RW Co Ltd to Robinson Way Ltd to whom all monies are now due.

 

If you have any concerns or queries please write in with details"

[Live4Life]

12 days (14/12/09) + 2 = 16/12/09 and they are in breach.

 

- "start the clock"

[Live4Life]

Hello,

Sorry I have not posted in a while the 16/12/09 has now come and gone, do I send a letter explaining that they are now in breach and to stop processing my data?

 

Is this a recorded letter too?

 

Any help given will be greatly appreciated - Merry Chrimbo all.

[cerberusalert]

Send them this recorded; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[Live4Life]

I have altered the letter and will get it sent off today recorded delivery - thanks again cerberusalert

 

You don't watch Lost do you they have Cerberus Vents!!

[Live4Life]

Good morning,

 

Merry Christmas and all the best for 2010.

 

I sent off the letter informing them that they are now in breach as per cerberusalert kindly offered for each account, they have written to me today.

 

For the account that R&W Ltd are collecting

 

"Dear Live4Life,

 

Please note that we have not yet received a response from the original seller. This note is to let you know that we are continuing to seek an update we will let you know the response as soon as we hear; your account remains on temporary delay.

 

Thank you for your patience the collections manager."

 

For the account that they are collecting on behalf of cabot

 

"We refer to the above account that you have disputed or queried with us.

 

We are sorry but we are still awaiting a response from the client concerned.

We have reminded them that this query is outstanding.

 

We will let you know the outcome as soon as we receive the relevant details.

 

Yours faithfully,

 

the collections manager"

 

Now I don't know where I stand on the first account as R&W own it (have purchased this original debt?) so I could do with some help here!

 

Otherwise on account no 2, surely R&W have no right what so ever after the 12+2 days to be administering this and it is now illegal for them to deal with this account on Cabots behalf as they have no right to process my data. Again help is required.

 

Thanks guys & gals!

[Live4Life]

Bump the post - any help peeps?

[247orbital]

They have as long as it takes to locate the CCA. It is not time barred something I have never understood. You may get a letter informing you that due to time periods etc it can't be located but you still owe the money which translates into we have no legal right to collect but will try anyway. Or it may get passed back to the original creditor. Be prepared for the classic letter ping-pong.

[Live4Life]

Hello hope everyone is fine, I have had a letter returning my £1.00 cheque

 

"After carefully assessing your account, I have the pleasure in enclosing a cheque in respect of the amount overpaid to your account.

 

If you have any queries relating to this refund please contact us on the above details"

 

(The amount has also been biro'd out that they are attempting to collect)

 

I had a phone call this evening from a R&W call centre asking me to confirm that the debt was mine etc etc and I said that I had sent letters off but had no signed credit agreement, also that I had asked for all correspondence to be provided in writing.

 

I think a letter from me is overdue to them quoting that I have asked them to contact me in writing, they have not provided me with a refund as it is not my account and I did not make a payment to the account, can anyone give me a small helping hand?

 

Thanks