Halifax loan under Kensington DMP, now Robinson Way chasing

[tally_69]

Hi what an on going problem i have

 

6 year ago i was in big debt so went to Kensington Finance.

Owed around £13.000 when i started,

They said it would be paid off 5 half to 6 year.

Started paying £210 month in Dec 2003 never missed,

 

So i rang them Feb 2009 see how much i owed,

 

Recieved letter telling me i owed just shy ov £9000.

 

Would,t help me out so went to Citizens advice,

 

Been with them since May 2009 trying to get to bottom of it..

 

Halifax debt is the problem.

They passed it onto a company called Fairfax who wanted payment asap.

Advised Cit advice who got in touch with them.

 

Received more letters so i passed them onto Cit Advice,

 

Never heard anything untill another company got in touch ROBINSON WAY

and i've recieved aload ov letters from these nice to nasty,

nothing for a while then nice.

 

I now need to see Citizens Advice again due to the agent being to busy . I dont know whats happening regards to her discussions with Financial Bmbudsman ? or how i stand..

 

Thing is i'm Still recieving letters from Robinson way and its starting to get to me,

My circumstances have changed big style since 6 year ago,

I no longer live with my parents,

 

live with my fiancee and her 2 lads 13 & 10 and our little Daughter 20 months so i'm alot worse off.

 

Do i ring them offering minimum payment of about £20 month as my partener dosen't work

or do i ignore the letters and wait till i've spoke to Citizens Advice again ? :idea:

 

Any feedback would be Appreciated

 

Cheers

[themagician]

Hi what an on going problem i have

 

6 year ago i was in big debt so went to Kensington Finance. Owed around £13.000 when i started, They said it would be paid off 5 half to 6 year. Started paying £210 month in Dec 2003 never missed, So i rang them Feb 2009 see how much i owed, Recieved letter telling me i owed just shy ov £9000. Would,t help me out so went to Citizens advice, Been with them since May 2009 trying to get to bottom of it..

 

Halifax debt is the problem. They passed it onto a company called Fairfax who wanted payment asap. Advised Cit advice who got in touch with them. Received more letters so i passed them onto Cit Advice, Never heard anything untill another company got in touch ROBINSON WAY and i've recieved aload ov letters from these nice to nasty, nothing for a while then nice.

 

I now need to see Citizens Advice again due to the agent being to busy . I dont know whats happening regards to her discussions with Financial Bmbudsman ? or how i stand..

 

Thing is i'm Still recieving letters from Robinson way and its starting to get to me, My circumstances have changed big style since 6 year ago, I no longer live with my parents, I live with my fiancee and her 2 lads 13 & 10 and our little Daughter 20 months so i'm alot worse off. Do i ring them offering minimum payment of about £20 month as my partener dosen't work or do i ignore the letters and wait till i've spoke to Citizens Advice again ? :idea:

 

Any feedback would be Appreciated

 

Cheers

little more info please ,

whats the debt for ?

have you ever cca,d the dca ?.

[silverfox1961]

Morning,

 

Firstly, Welcome. You will get great help here.

Next, DO NOT phone anyone. Any further communications need to be in writing.

 

My thoughts are that if you are still with Kensington, get shot of them. Just how much are they charging you per month to handle your debt. If you need a debt management plan, use Payplan or CCCS. Both are free.

 

Don't bother with CAB as they tend to side with the creditor and don't always tell you ALL the options.

 

I would CCA Robbers Way if the debt to Halifax is a credit card or loan.

 

I would also SAR Kensington and see what documents come back as they have seriously mis-informed you.

The Consumer Forums - Debt collectors

 

CCA is letter 8 and the SAR is letter 11

[Undercover-Elsa]

Hi Tally and welcome to CAG

Right, you've already paid them in excess of £15000 and there's still £9000 allegedly left to pay? That's horrendous.

I think you need to send off for the agreement asap, to make them prove the debt.

Send a CCA request letter to whoever is chasing you for the money. The link to the template letter is below. Enclose a £1 Postal Order (no cheques, unless it's from someone else's account) and do not sign the request with your normal signature, just print your name (to avoid risk of fraud). Send by recorded delivery and keep the receipt as proof.

After 12 + 2 working days have elapsed, if they haven't produced the documents, you can legally place the account in dispute and withhold payment until they do. Keep us informed and we'll help you respond to whatever they send.

Keep everything in writing from now on, do not discuss on the phone.

That should get you started, if there's anything else you need to know just shout - there'll be others along too to offer help.

 

Elsa x

[tally_69]

little more info please ,

whats the debt for ?

have you ever cca,d the dca ?.

 

Loan,

Never CCA'd the DCA what ever that means ?

 

I Stopped using Kensington in March, I'm really nervous regards to the letters, I got a statement from Kensington Showing the Payments. They took £35 a month..

 

Whats a CCA and a SAR

 

Can they just turn up at my door or is there some law to stop them ?

[silverfox1961]

Don't worry about DCA's they have no power over you.

If you have a look at the link I posted earlier you will see lots of links to letters which you can send.

 

If anyone turns up at your door, you are well within your rights to tell them to eff off and call the police if they refuse.

 

A CCA request is a request for a copy of the agreement you signed when you took out the loan. If Robbers Way cannot supply this, they cannot enforce the debt, simples

 

I will have a look for the "doorstep" letter for you (I did have it but my PC died)

[tally_69]

That CCA letter is all Gobbily Gook i cant make head nor tail out out it.. I had a loan so i just fill in the blanks ie Address etc yeah..

 

This wont make things worse will it

[silverfox1961]

You have a legal right to examine your agreement at any time without penalty. (if they did, you would have cause for complaint)

 

The CCA letter can be sent as it is as yours is a loan so it is covered by s77. you don't need to undestand it as yet. As it is going to Robbers Way, the paragraph in red should be left in. All you need to do is put your details on the letter, the Halifax account number (if you have it) and Robbers Way reference number.

 

Do not sign it, just print your name

send a £1 postal order-no cheques

send it recorded delivery and track its delivery via the Royal Mail website.

 

If they happen to send back a VALID agreement, you could then telll them waht you can afford to pay. They cannot tell you. Only a judge can tell you what to pay.

[tally_69]

I'm so pleased i've found this site.. Thanks alot.. I,ve printed the CCA off with details filled in. Do i need to put my full name or just my 1st.. Also i have printed the doorstep letter and if they turn up i will hand it to them aswell or shall i send both off at once

[silverfox1961]

just your first name and surname.

 

You don't need to send the doorstep letter yet unless they have already threatened a doorstep visit. Keep a copy by the door just in case and if they do turn up unannounced, you can give it to them and shut the door.

Remember that debt collectors are not bailiffs and they have no right of entry.

 

Spend a little time reading other threads on the tactics used by debt collectors and you will see what muppets they really are. look at the letters they send and I predict it will be full of "ifs, mights and mays"

[PGH7447]

Hi Tally, your in good hands now your a member of the CAG

[tally_69]

Hi Tally, your in good hands now your a member of the CAG

 

 

Pity i only have access to computer @ Work .. I've got no luck if something happens @ night or weekend..

 

My heads in pieces confused and mixed up . Causing bad temper tantrums and sleepless nights once again ..

[joemay]

Do not worry too much, and certainly don't let debt ruin your life. You may feel confused & mixed up now, but in time with some reading on this site and the help you will get, you'll feel a lot less stressed. You've come to the right place for help.

[tally_69]

Will sending a CCA not make things worse ?

 

Should i get intouch with Robinson way and arrange a minimum payment scheme or not

Edited February 15, 2010 by tally_69

[silverfox1961]

Will sending a CCA not make things worse ?

 

Should i get intouch with Robinson way and arrange a minimum payment scheme or not

 

 

By sending a CCA request, you are exercising your lawful right to examine the documents. Robbers Way should put your account on hold until they supply the agreement. If they carry on chasing after the request has gone in then you can complain.

 

Of course you can contact them to arrange payment but why? Until they supply the proof that they have the right to be chasing this debt, you owe them nothing.

 

Were you ever defaulted by Halifax?

Did Halifax terminate the agreement?

Have you received a Notice of Assignment.

 

 

fox

[tally_69]

Were you ever defaulted by Halifax?

Did Halifax terminate the agreement?

Have you received a Notice of Assignment.

 

 

fox

 

 

No to all above not that i'm aware of ?

[tally_69]

Has any1 heard of Robinsons Way ?

[keefyboy]

Hi Tally 60 and welcome

You are in good hands here on this site, we are all, either in dispute with not only banks and building societies and other finacial compainies, about money agreements, and together we will help you out along the road to finding out if they do have an enforceable agreement with you or not. Most of us are in various stages of dealing with these companies.

 

As for Kennsington, we had a second mortgage with them and they were not a good company to deal with, they will keep sending you letters threatening this that and the other, but until they prove that have got an enforceable agreement they are breaking the law.

 

The reason of the SAR is so they HAVE to disclose what information they have on you.

 

As for losing sleep, we have all been there too, and I know it is easy for us to say to you don't worry, but try not to... we have people on here that KNOW the laws and guide us on dealing with these ****** companies, and if they decide to take you to court, ( and thats a last resort for them and most bail out before going into the court), there are legal people on here that will buddy you, so take note of what we tell you, just make sure that when you put stuff on this site and your thread, DON'T put anything on which will identify you, ie, Names, addresses, account numbers & BARCODES on letters (as these are identity codes) as unfortunately there are some of the these companies that monitor this site to see what we are saying.

 

But you are in good hands, don't be afraid to ask questions, soon you will gain a lot of knowledge and you will be adding to other peoples threads and feel a real part of this group. So keep your head up and do what we advise you and you are on a safe journey.

 

Keefyboy

[tally_69]

I've got ANOTHER appointment with Citizens Advice wednesday see what they say. Not that they've helped much TBH..

 

What do i do if i send out a CCA letter. Whats the next steps Please

 

I just have visions of my fiancee ringing me telling me baillifs are ransacking the house :-?

[tally_69]

Can they do this or not.. If its only DCA,

[silverfox1961]

Time to clear up any confusion.

 

A DCA has absolutely NO power. They are not bailiffs.

 

The only time a bailiff will call is if Robbers Way took you to court. If they did that and you didn't defend it, they would get judgement by default. If you didn't pay the judgement, then and only then could they go back to court to apply other sanctions like attachment to earnings, a charging order if you have property or to send in a bailiff.

 

Additionally, if you did defend and lost, the judge would take your financial circumstances into account and order you to pay in instalments, at a rate you could afford. This rate will usually be less than the DCA wants and then there is nothing they can do about how much they get without going back to court to get a variation order.

 

If anyone from the DCA did turn up on your doorstep, you can tell them to sod off.

 

I hope that helps you.

 

fox

[tally_69]

Cheers again Fox, I,m at citizens advice tomorrow al let you know what gets said there.. I still dont know outcome of Financial Ombudsman and Kensington ? ?

[tally_69]

HELLLLLLLPPPPPPPP

 

Robbers way have sent me a letter telling me if i dont Pay they will be sendind me a DOORSTEP CALL if i dont respond within 12 days.

 

My situation is with the Financial Ombudsmans Aducator and Citizens advice said there all just idell Threats

 

What do i Do now.. I have the doorstep letter in the house just incase ??

[tally_69]

WHAT SHOULD I DO PLEASE ? ? ? ? ? ? ? ? ? ?

[silverfox1961]

Stop panicking

 

If you haven't sent them the doorstep letter yet, do so and by Recorded Delivery.

 

In the unlikely event they do turn up, tell em to bu**er off and they have to. Simple as that. There are no rules that you have to speak to anyone at the door.

 

As previously mentioned, these muppets try to inflate their powers to scare and intimidate. They are impotent! (figuratively speaking of course I would never suggest they couldn't breed)

 

You could write to them and say that if you intend to collect your doorstep, bring enough bodies and a crane as it weighs a couple of tons

 

Remember, this letter is spat out by a computer after someone presses a button.

 

fox