unknown RWay CCJ for Cap1 card at old Address - already paid NCO!! **SET ASIDE**

[Jossy]

I suspected that might be the case when I looked at their website. Will be interesting to see if they get back to me with anything, being as the evidence I've sent them is irrefutable.

 

Thanks for the info.

[Bazooka Boo]

Hmm, seems a familiar pattern is emerging here?

CRA, DCA, CSA....

[Jossy]

Sorry, but I'm not sure what you mean by familiar pattern. My aim was to report them to as many organisations as possible. If 4 separate groups are looking into them, it increases the odds of them being reprimanded, and the CCJ being removed from my record without me having to pay.

[unclebulgaria67]

Out of the bed on the wrong side ?

 

BB was just saying that all ended in A. Next would be the CIA.

[Jossy]

Not at all, just didn't spot that link. Sorry if it came across as rude. I'm extremely grateful for all the advice I've received from everybody on here. Apologies for the misunderstanding.

[Bazooka Boo]

Not at all, just didn't spot that link. Sorry if it came across as rude. I'm extremely grateful for all the advice I've received from everybody on here. Apologies for the misunderstanding.

 

Not at all, some, if not ALL of my comments on here are somewhat flippant, thoroughly agree that the more people you complain to about this very dark special handshake industry , the better, and the more likely it is that in fifty years time it might actually be properly regulated and reigned in...

[tonerlow]

I am in a similar position with Rob-U-Sum-Way I have an outstanding complaint with the ICO.

The ICO issue the complainant with a reference number, which only the ICO and the complainant know.

I would like to ask the site administrators, would it be possible to create a list of ICO complaint reference numbers, which any future victims may quote in their correspondence to the ICO?

As no names will be quoted, would this be acceptable?

As the list grows it may also apply some pressure to the other regulators.

Why not roll this out?

It is time these organisations operating on the edge of the law are seen by all for what they really are!

[rdm2006]

Out of the bed on the wrong side ?

 

BB was just saying that all ended in A. Next would be the CIA.

 

What about the FSA.....................

[The GodMother]

I am in a similar position with Rob-U-Sum-Way I have an outstanding complaint with the ICO.

The ICO issue the complainant with a reference number, which only the ICO and the complainant know.

I would like to ask the site administrators, would it be possible to create a list of ICO complaint reference numbers, which any future victims may quote in their correspondence to the ICO?

As no names will be quoted, would this be acceptable?

As the list grows it may also apply some pressure to the other regulators.

Why not roll this out?

It is time these organisations operating on the edge of the law are seen by all for what they really are!

 

The ref number will be applying to YOUR complaint only, like you bank account number. So other people quoting it wont be much use.

[Jossy]

Hello everyone

 

I am delighted to be able to say that finally this sorry saga is over, and I have won - woo hoo.

Sorry for the delay in keeping this thread up to date,

but I wanted to wait until I had some positive news to report.

 

Since my last post on here a number of things have happened.

The Financial Ombudsman stopped Robinson Way from claiming that I owed them any more money,

but that as his powers were limited,

could do nothing about the CCJ on my record.

 

 

Of course, Robinson Way would not remove the CCJ voluntarily so my only option left was to get a hearing at court to have it set aside and stayed. More on this later.

 

In the meantime I got the replies back to the various organisations I had reported them to.

The ICO (whose response took 8 months!!!!) said they had done no wrong.

 

 

I had reported Robinson Way for their failure to include documents they'd claimed they had sent in the SAR response to me.

 

 

The ICO say that all they have to do is list them on a data print out, not show actual copies.

In my opinion this makes a mockery of the whole procedure as it still does not prove that anything was sent but by this point I was starting to realize that the deck is well and truly stacked in the DCA's favour. I hope this information is useful for anybody else in a similar position to me.

 

The CSA forwarded on my complaint to Robinson Way,

and their response was an absolute cracker (as you'd expect).

 

 

They claimed that they had done no wrong,

that it was my failure to inform the original creditor that my address had changed (which I had and was proved in court),

that they had no idea why I would pay a "third party" (NCO Europe, whom I 'd received all the proper paper work from,

 

 

and from whom Capital One continued to accept payments from for 18 months AFTER Robinson Way claimed they were the owners of the debt,

 

 

again proved in court by Capital One's statements obtained in the SAR),

but as a "gesture of goodwill", they would not chase me for any more money and would write off the remainder of what I owed them!!

 

 

Of course the CSA took their word for it and refused to investigate them when I pointed out that their reply was littered with false statements and nonsense.

 

 

As is mentioned in a post on here further up, the CSA are a waste of time, and being as they are supposed to be the regulators it's no wonder this industry is out of control.

 

all this led me to court this morning to finally face them,

something which I'd been dying to do for over a year.

 

 

But as you'd expect with a company like Robinson Way

- they failed to show up! T

 

 

hat tells you all you need to know about these people and I hope this encourages others to take them on because when the going gets serious, they wimp out.

 

After examining all my documents,

The Judge could not believe what he was seeing.

And in a further twist,

it was revealed from whatever documents Robinson Way had sent when it was first issued to court,

that they had known my correct address from the start.

 

 

To recap,

RW had obtained the CCJ against me at an address I have not lived in for 10 years.

They said it was their legal right to issue those documents to my last known address,

which is what they did in March 2008 when they obtained the CCJ.

 

 

But whatever they had sent the court proved that In February 08 they had my current address,

but chose to issue it to my previous one knowing full well that I would not obtain the documents,

 

 

leaving them free to get the CCJ through default,

which has now been permanently deleted from my record,

and the claimant blocked from re-issuing it.

And that, in a nutshell, is the kind of people that RW are.

 

 

As I said at the start of this post,

I have finally put this case to bed with a resounding victory,

knowing that all the effort I have put in has been vindicated.

 

 

I want to thank everybody on here that offered advice and support

- I would not have had a clue how to tackle this without all the information you people have given me, and I hope that this final post helps others take the fight to these DCA's when you know you are in the right.

 

Many thanks folks, and I'll certainly be checking back on here to see if anything I've learned can help others.

 

Regards,

 

Jossy.

[brokebutnotbeatn]

Fantastic. Very well done!

[Bazooka Boo]

What a fantastic result, to be expected, but your tenacity to hold on to them and make them accountable really has worked, I am very very chuffed these fools have been sent packing with their tails between their legs, lets just hope that anyone else going through the same scenario can use your post as courage to hang them out to dry......I'd even see if the local rag would run a piece? you never know they may be short os stories?/

 

Well done anyway, the advice was given by CAG but it was you in the end who made the best use of it and ultimately won!

[unclebulgaria67]

Well done, taken a long time. Hope you will get some costs out of them.

 

If a DCA has deliberately obtained a CCJ using an old address, the OFT should be willing to look into that and ask questions. Then again they probably can't be *ssed as ususal. They only go after small fry and the others just get a slap on the wrists.

[minmoo]

Wow!! I am new to this thread but never cease to be amazed at just how dirty and stinking the dca are. Well, not just them, the whole system really. Well done for sticking it to them