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Hi All I hope someone can assist with this issue. My partner has received a letter from robinson way saying they own a debt from london scottish which we know nothing about. We sent a letter to them requesting the agreement and a statement and also telling them that we know nothing of the debt (standard letter from this site). We received an acknowledgement from them and they told us that the previous owner of the debt had previously passed the information we requested to us. This is not true. we have not received any proof of this debt. we are now receiving letters each week getting stronger and stronger and I am in the process of writing back to them to reiterate that they have not complied with my previous request for information/statement or agreement. i was under the impression that there was a set time in which they had to give me this information but I am not sure how long it is before they are in contravention of some act or other. can someone please give me the correct time line and wording for this contravention. many thanks

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I would ignore them - it sounds like a phishing trip to me. They want payment on an account they cannot prove is yours. The letters can get stronger until they blow a hole in their trousers but they still cannot pursue payment without proof of the debt.

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  • 1 month later...

Hi sorry for the delay in replying and thanks for the advice, the original request had been sent to them by courier so i have full proof of them signing for it. they are now saying they are sending round a visitor and if i want to come to an agreement then they would be willing to listen. I have just ignored them. however, i checked our credit rating and they have lodged this on my partners experian account as a default which is causing him problems. please advise. regards Pam

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Robbersway need to learn not to keep telling fibs!

Have a read of this and print off the letter template and keep it by your front door, if anyone from robbers way is foolish enough to darken your door step, thrust in their grubby webbed hands, and tell them to foxtrot oscar before shutting the door in their face.

If they fail to leave, call the Police and report a trespasser on your property, who has been told to leave but won't and you believe they will cause a breach of the peace.

 

Have they provided you with any evidence yet that this debt is yours?

What was the reply to you 'No debt acknowledged' letter?

 

Inform the Credit Ref Agency that you have no knowledge of this company and have certainly not given it permission to be searching or adding adverse info to your credit file, tell them to remove it immediately, they invariably won't because CRA' and DCA's all work side by side, scratching each others backs.

 

If they don't or rather won't remove the adverse info, then make them aware that you know of the current fine they would receive if you were to sue them for damages (£1000 per incorrect entry)

 

However if because of the adverse info on their, it has stopped you from getting a house, or Job etc, then the cost of the damages will be indicative of the amount of damage it has had.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/254802-no-cca-processing-your.html

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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try this

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with 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.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

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

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

* may not pass the account to a third party.

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

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

 

Therefore this account has become unenforceable at law.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

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try this

Formal Complaint

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with 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.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

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 compliant credit agreement is a very clear dispute and as such the following applies.

 

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

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

* may not pass the account to a third party.

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

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

 

Therefore this account has become unenforceable at law.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

 

It is no longer a criminal offence not to supply the CCA!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Robbersway need to learn not to keep telling fibs!

Have a read of this and print off the letter template and keep it by your front door, if anyone from robbers way is foolish enough to darken your door step, thrust in their grubby webbed hands, and tell them to foxtrot oscar before shutting the door in their face.

If they fail to leave, call the Police and report a trespasser on your property, who has been told to leave but won't and you believe they will cause a breach of the peace.

 

This is the link I failed to post on my previous post I should have posted but forgot to post,?:D

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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