Sainsburys CC-Robinson Way and now Westcot!

[triumph2000]

Received a demand from Robinson Way & Co with reference to my Sainsburys credit card.

This card is part of a CCCS Debt Management Plan, I owe (with charges) around £2300 on the card and £8000 in total.

 

I had a telephone call from the DCA (Robinson Way) asking me to pay the full debt at once, I explained that it was part of a management plan and was told that "they'll look into it and contact me" This was the first I knew that the debt had been passed to them.

 

About 6 weeks later I then received a final demand from them (the DCA) and now Sainsburys won't talk to me, referring me to the DCA instead.

 

I then sent a letter to the DCA, asking for copy of my credit agreement under the Consumer Credit Act 1974 enclosing a PO for £1.

 

This PO was returned along with a compliment slip explaining " We have requested the info you require and have sent a separate letter explaining our process."

 

What does this mean and what to do next?

 

I am annoyed at my treatment, I have tried to service all my debts as best I can and feel that Sainsburys have not even tried to make any allowance for my situation.

 

Thanks in advance.

 

Andy

[mr.ton]

Send the fools this....

 

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

PRINT NAME DO NOT SIGN

 

 

(Also - refuse to answer security questions if they ring)

[triumph2000]

Thanks, I'll try that. Just annoyed that Sainsburys didn't even warn me that they weren't happy with the debt management plan!

 

Andy

[triumph2000]

Tried Mr.TONs letter and Robinson Way replied "account on hold and a copy agreement requested", this was on 05/10 about a week after I sent Mr.TONs letter.

 

Along with this reply, was a statement of insolvency for a group of companies called London Scottish (bank, computer, finance, etc.).

 

Are London Scottish anything to do with Bank of Scotland who operate the Sainsbury’s bank? Or is Robinson Way part of this group?

 

Still haven't received a copy of my credit agreement, just a letter saying the account is on hold and that Robinson are still waiting for Sainsbury’s to pass the agreement to them!

 

It's now 6 weeks since my first request for a copy of my agreement and all I've had is a further "still waiting" letter a week ago

 

Meanwhile I'm still paying the amount agreed under my Debt Management Plan to Sainsbury’s, should I stop this payment because my account is now "on hold"!

 

Suggestions please.

 

Thanks.

[mr.ton]

There is simply no proof of this debt, so i dont know why you are still paying.

They've had their 12+2 days & their time is up = no excuses.

They are now in default.

Report them to the OFT & trading standards.

[cerberusalert]

Are London Scottish anything to do with Bank of Scotland who operate the Sainsbury’s bank? Or is Robinson Way part of this group?

Deals/Restructuring  /  Robinson Way sale fetched £73m THEBUSINESSDESK.COM

[lilly white]

send then this

Address

 

Date

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974.

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

Edited October 25, 2009 by lilly white

[triumph2000]

Thanks and very interesting.

 

So my debt may have been sold twice, once to Robinson as part of London Scottish and then to the people who brought Robinson?

 

Will send the letter, have already received my £1 postal order back, it was in the first “we are waiting for the agreement copy” letter!

 

And will stop paying.

 

Thanks once again

 

Andy

[triumph2000]

Thanks to everyone who advised, Robinson still haven't given up though!

 

A copy of my credit agreement arrived today (06/11) along with a letter asking me make a "proposal for settlement" of my account.

 

This is about a month and a half after my original request, interestingly, it's not signed or dated by Sainsbury’s bank!

 

Is it a valid agreement and what to do next? Tell Robinson "no CA in time, no agreement"?

 

Thanks

[triumph2000]

And I can't find anything on this which states the credit limit either.

 

Andy

[cerberusalert]

Can you post it up after removing identifying details?

[triumph2000]

I'll have a try, might take a bit of time!

 

Will bump thread when I do.

 

Andy

[triumph2000]

Digital pics of the front and back of the CCA supllied by Robinsons. They are readable when magnified!

 

Andy

[triumph2000]

Or maybe not! Haven't got a scanner, so tried using my camera, readable on computer, but not when I upload them.

 

Andy

[cerberusalert]

Upload them to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & copy & paste the URLs back here.

[triumph2000]

Thanks, here are the links. , .

 

Andy

[triumph2000]

Robinson Way seem to have gone away, http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221487-newbie-needs-advice-dca.html for the thread.

 

Have now got Westcot onto me!

 

Had the standard notice of debt collection from Westcot, so set them a CCA request, they've just replied " We are not the creditor for this account but instructed on behalf of the above client (Sainsburys)" and they have returned my £1.00, stating that it needs to be payable to Sainsburys and have placed my account on hold for 14 days.

 

What next?

 

Do I take their word that they have Sainsburys authority to collect this debt, or should I contact Robinson Way, in case Westcot is stealing their business?

Should I resend the CCA with the correct payee (Sainsburys)? or a go away letter?

 

Thanks for your help and I must say that after all the times people like Westcot and Robinson Way have scared friends and family, it's fun biting back a little!

[PGH7447]

wait 12+2 days then send the account in dispute letter, they know the rules they are just trying it on

[triumph2000]

Thanks, 12+2 from the original letter?

 

Seems I'm is slowly falling down the DCI food chain!

[PGH7447]

yes 12+2 days from when you sent the CCA

[themagician]

sorry 12 + 2 from when they receive the letter,you can confirm by recorded delivery tracking with p.o.

[PGH7447]

no 12+2 days from when you sent that is why they have the extra 2 days postage

[triumph2000]

Need some advice about this please, about 2 weeks ago I received a letter from Westcot offering " the opportunity to make a reduced settlement"!

 

I've ignored this letter, think it may be an attempt to get me admit that I owe them money.

 

However a few days ago a copy of my CCA tuned up, it's exactly the same one that Robinson & Way sent. (see here) http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221487-newbie-needs-advice-dca.html

Is this a valid stand up in court CCA?

 

What should I do? Try for a reduced settlement? I believe that the CCA isn't valid, that's why Robinson passed it over to Westcot.

 

Advice and moral support please!

[straftat]

any offer of a reduced settlement in my opinion is the last act of desperation on a dept they know they are unlikely to be able to enforce and may soon be statute barred

 

thats just the way my DCAs have acted as the SB deadline looms

[triumph2000]

That's my gut feeling too, Robinson & Way unloaded the debt onto Westcot after I asked for a DCA and Westcot have just sent me the same info (even later!), that didn't work for Robinson & Way!

 

Still a bit scary though!