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

[Jossy]

Hi everybody.

 

First of all, found this site yesterday and feel like I already know more about my legal rights than I have ever done in the past, just by reading peoples cases on here, so thanks for that.

 

my "potential" problem with Robinson Way

(who appear on this site frequently, and come across as total crooks)

 

 

sent me a letter out of the blue yesterday just stating a previous address of mine, and asking me to contact them on a freephone number 0800 085 2958 if I am not the person who lived there.

 

I do not owe any money to any organisation, bank, DCA etc, but i had two debts that were paid in full over a year ago, and have the paper work to prove that they were settled.

 

After reading about this god awful company on here,

I'm guessing they have somehow bought a debt that no longer exists,

want me to confirm who i am,

and then will start chasing me for something i have already paid.

 

 

I have spent the last year making sure my credit rating has improved i really don't want these crooks ruining it for no reason at all.

 

Maybe i am jumping the gun somewhat, as they only want confirmation of a previous address but the previous horror stories about these people makes me think it could be the start of something worse.

 

If i don't ring the freephone number to say it's not my old address, they have worded the letter to assume that no contact confirms they are right.

 

Should i phone their Manchester office directly on a different number and ask them to confirm why they want this information from me?

Does anybody have another number for them?

Or should i just leave it and see what happens next?

 

Not sure what do people, any advice much appreciated.

 

Cheers,

 

Jossy

[alfwithhair]

Ignore the idiots until they send something more substancial, they are just on a fishing trip, ring to confirm its not you, what a bag of crock.

Robbersway are the pits to deal with, absolute plonkers, so best to avoid any verbal discussion with them.

 

Is the letter addressed to you by name at your current address, but asking you to ring if you didn't live at the previous address stated?

 

They are out of order here, I would report them to the OFT and trading standards.

 

Under no curcumstances ring them or give them any information whatsoever, they are no bodies, no power whatsoever they just like to think they have.

 

If you get any other letters from them came back on here.

If they ring you, do not answer their security questions and tell them to bog off, you don't give confidencial information to unknown callers

 

I jest not, they will tell you anythong to get thiers hands on your bank or debit or credit card details, so DO NOT enter into any dialoge with them. Never confirm anythiing, just treat them like nusence calls, which is what they are.

[PGH7447]

phising trip - file under I for imbeciles and ignore it

 

golden rule - dont phone them unless you can record the calls

[esmerobbo]

If you are sure you dont owe anything ignore the muppets let them waste their time.

However we had a similar letter from another DCA after making enquires it seems the new occupier of our old property took out an account in my wifes name.

[Jossy]

Thanks for the replies everybody.

 

The previous address stated in their letter is my old address, and they want me to call only if it is NOT mine. I guess that their logic is that if i don't ring them, then they think they have their man correctly identified and will proceed with similar nonsense to what others on this site have experienced.

 

I am not too worried because i 100% do not owe anything!!! I just don't want my credit rating ruined because of these morons.

 

I'll leave it for now and see if i get anything else in the post in the near future. If i do, I'll let you all know on here and you can advise me what steps to take.

 

Thanks everyone,

 

Jossy.

[Jossy]

Hi everybody.

 

I started a thread back in January named "Potential trouble from Robinson Way", where I stated that I had received a letter out of the blue from them asking to confirm a previous address.

 

The advice I got on here was to ignore these crooks as they were probably fishing for something else, so ignore it I did and I didn't hear anything else for a while.

 

About 2 months ago I received a call from them telling me I was in default of an account and that I must start payments immediately otherwise the case would be prepared for court.

 

 

Having learnt about this company from the horror stories on this board I stood my ground and told them that I had only ever had two debts that had long been all paid up , and offered to fax him the confirmation letters as proof. After seemingly accepting this, I never heard from them again.

 

However, earlier this week I received a telephone call from my bank asking me to come in as they wanted to update my account because of the "excellent" way I have run it (ironic being as a month earlier I had just been made redundant and so no money was actualy going in).

 

 

I went to see them,

sat through all the talk only to discover that their system was then preventing them from carrying out whatever upgrade they had called me in to do.

 

 

The lady disappeared fro a while to make a call,

when she came back she said they coud not upgrade the account because there was a CCJ against me.

Impossible was my response because I knew I owed nothing.

 

 

I have an account with credit expert

the first thing I did when I got home was check my file.

And as I thought, nothing was on there.

 

 

I called the credit expert help line and they advised me to include an old address,

somewhere i haven't lived for nearly 10 years, and then check back the next day when the records would have updated.

 

This is where it gets interesting (or incredibly frustrating if you're me).

There is a CCJ against me from Northampton County Court, issued on 20th March 2008, against my name from my old address, by none other than Robinson Way.

 

 

The amount of £859, even more confusingly, has been satisfied.

I explained that I haven't lived there for nearly 10 years, have never had an account with Robinson Way, have certainly not ever paid them a penny, and that any debts I had in the past were completly different amounts to the one listed.

 

To make matters worse,

the lady then informed me that to have this removed,

to apply for the correct paper work would cost ME £75,

or i would have to consult legal advice myself which also would leave me out of pocket.

 

 

I have no number to call Robinson Way because, as I said above, i have never had an account with them. Also, judging by their track record, I doubt they would remove it anyway.

 

Please can someone point me in the right direction.

I want this removed IMMEDIATELY as it has nothing to do with me at all,

 

 

I refuse to have to pay to do so as this is Robinson Ways error not mine.

Surely it is illegal for them to pull this kind of stunt?

I have spent a number of years rebuilding my credit score, and they have ruined it through no fault on my part.

 

Jossy.

[unclebulgaria67]

You need to get the CCJ set aside.

 

Follow the process as outlined in the following link.

 

Removal of CCJ's - Main Menu

[harrassed senior]

What ever you do, do not telephone robbers.

 

If you follow the advice given you may also find that you may not have to pay too much, if at all if you are still not working.

 

I think I can see what has happened, and it does look problematic for robbers.

 

Who was the original debt with, as you may need to send them a SARS request to get further information as to how this CCJ happened.

 

You may, potentially have a claim for this being put onto your files, but I am sure many GAG experts will be along to guide you through this.

[seniorservice]

This may be tricky for you Jossy.

If the CCJ was in 2008, the claimant would have been Robinson, Way & Co Limited who entered creditors voluntary liquidation last year following the receivership of their parent London Scottish Bank.

The current company, Robinson Way Limited, is a different entity to the previous one with a new company number, registered office and CCL - although under the same management.

[Jossy]

Thanks for the advice guys.

 

The only problem I have with this is that all the reasons stated in the step by step guide to removing a CCJ relate to those issued to someone for a genuine reason.

 

 

The one issued against me has absolutely nothing to do with me

- wrong address,

company (Robinson Way) that I have never had an account with,

no court summons ever received,

and most puzzling of all

- the fact that the debt has been PAID.

 

 

The amount (£859) is a totally different amount to debts I have had in the past,

I can't believe it is linked to them at all,

plus the fact that they were all paid up a long time ago.

 

Also, I would like Robinson Way to get in serious trouble for this.

Surely it's against the law for them to operate in this way?

[Jossy]

Seniorservice, just saw your message after I posted my reply.

 

I really hope this does not complicate it more, because I want these people punished for what they have done.

[unclebulgaria67]

The only problem I have with this is that all the reasons stated in the step by step guide to removing a CCJ relate to those issued to someone for a genuine reason. The one issued against me has absolutely nothing to do with me - wrong address, company (Robinson Way) that I have never had an account with, no court summons ever received, and most puzzling of all - the fact that the debt has been PAID. The amount (£859) is a totally different amount to debts I have had in the past, so I can't believe it is linked to them at all, plus the fact that they were all paid up a long time ago.

 

I think you can get hold of all the information used for the CCJ from the courts. If you know the reference, you could contact Northampton to see what you need to do. There may be a small fee involved.

 

The CCJ is still on your record, so even if the debt is not yours, you still need to follow the process. Once it becomes known who has made the mistake, then you can make a claim against the appropriate party.

[harrassed senior]

Pushing a CCJ through via Northampton at a previous address is an old DCA trick used by some of the more despicable members of that particular 'club'.

 

I would normally say that it is for them to prove you owe the debt and not the other way round, however, in this instance I think it might be handy if you can gather some evidence to support the claim that you were not living at the address the Summons was issued to.

 

It might also be a good idea to send the SAR to the original creditor so that you can see how their figure 'may' have been arrived at, or, to be able to prove the amount of the CCJ bears no resemblance to your alleged debt.

 

I think you can use the address issue to get the CCJ set aside, even though it is 2 years, as you have only just discovered this because you have been out of that address for some years.

 

Others may have differing thoughts on the matter, but this is my personal view of how you can make a start.

 

Get all the information you can from the Court on Monday.

 

In the meantime download and start to complete the set aside Court Form from: http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf

[Jossy]

Just back from the pub,

won't go in to too much detail now,

but regarding contacting Northampton court;

I have already done that and they informed me that the paperwork I need to get the CCJ removed will cost me £75, but I refuse to pay that much even if I could afford it as this has nothing to do with me even though it is against my name.

 

I will go through all the other suggestions tomorrow when I am thinking a bit clearer.

 

Many thanks for everyone's help, much appreciated.

[Bazooka Boo]

Anything you pay out getting this removed or set aside, can be claimed back if you decide to sue whoever made the mistake, ie robbersway.

[unclebulgaria67]

 

Just remember that if the CCJ, has meant or will mean that any application for finance could be rejected or accepted at an increased rate of interest, it will cost you much more than £75.

 

As has been said, you can claim this back, as costs once you have hopefully won the set aside. If this is definately a mistake by RW, you could make the case to receive substantial damages. Someone last year won several thousand pounds from a DCA, who had accidentally noted their credit record in error.

[Jossy]

Well folks, the plot thickens.

 

This morning (Saturday) I received a letter from Horwich Farrelly Solicitors

(whom I understand from reading about Robinson Way on other threads, are suspected to be one and the same company)

 

 

stating that I have failed to pay in accordance with the court order against me.

They have named the creditor as Robinson Way, ex Capital One.

This is interesting as I now know for sure that they are chasing a debt that I had paid up nearly 2 years ago, to another debt agency called NCO Europe.

 

Also in the letter I received today was the "balance due" figure of 264.13.

They have listed Northampton as the court it has been issued against,

just as was stated on my credit report.

 

 

The case number for the court is ....,

EXACTLY the same as the one also listed on my credit report,

I also now know that todays letter is referring to the same case.

 

I have a CCJ against me at Northampton court,

issued in march 2008 for the sum of £859,

by Robinson Way, against an address I haven't lived at for nearly 10 years.

 

 

The court,

after speaking to them directly,

have told me that the debt had been satisfied,

even though it should not be there at all,

and I had never had any dealings with Robinson Way or paid them a single penny.

 

 

On the 17th July 2010, I receive a letter stating I still owe £264.13,

that the case is still open with Northampton Court,

and being as the case number is identical,

can safely assume that the CCJ from 2008 and todays letter are the same thing.

 

Just to further confuse matters,

todays letter states that they are willing to accept immediate payment of £174.32 to close the issue for good.

 

 

They left a phone number to call them on

- 0161 633 4418, but when you call it,

it says that this number does not receive incoming calls.

 

Honestly people,

you cannot make this stuff up.

 

 

Is it a coincidence that I receive this letter 2 days after speaking to Northampton County court and the Experian help line????

I think not.

 

 

Surely these people are breaking the law in what they are doing?

They are chasing me for a debt that I don't owe,

have never owed to them,

that according to the court has been paid anyway

(but not by me to Robinson Way),

 

 

they have successfully placed a CCJ against me at an address I haven't lived in for 10 years.

 

Words cannot describe my anger towards these people at this present time.

I don't just want my name cleared,

I want this company severely punished for what they are doing.

 

Any suggestions on what my next step is now???

 

Thanks in advance everybody

[unclebulgaria67]

 

This is interesting as I now know for sure that they are chasing a debt that I had paid up nearly 2 years ago, to another debt agency called NCO Europe. Did you keep a copy of anything received in writing to confirm this debt was paid off ?

 

So to summarize, I have a CCJ against me at Northampton court, issued in march 2008 for the sum of £859, by Robinson Way, against an address I haven't lived at for nearly 10 years. The court, after speaking to them directly, have told me that the debt had been satisfied, even though it should not be there at all, If the court has the debt as being satisfied, then they can provide something in writing to confirm this. Can the court inform you of the details, so that you can take this forward.

 

Honestly people, you cannot make this stuff up. Is it a coincidence that I receive this letter 2 days after speaking to Northampton County court and the Experian help line???? I think not. I think this is just a coincidence. The DCA's just work from a diarised system, following on from debt information received on a spreadsheet. At some point RW have received a spreadsheet entry showing a debt and they are chasing purely based on the information on their systems.

 

You are going to have to dig away at this to find out what has happened. If you have proof you settled the debt to NCO Europe, send Horwich Farrelly a copy of this. Advise them that they are chasing for an amount which is not owed by you.

 

Then if there is a CCJ on your record, which is incorrect, you need the courts help with this. Ask them for the details and then look to get it set aside. Yes it might cost you, but you can claim this back.

[Jossy]

Yes I have kept a copy of the letter I received from NCO Europe when the debt was fully paid up,

but having read all about Robinson Way and the way they conduct themselves,

I doubt this will make them cease hassling me

or remove the CCJ they have put against me.

 

Regarding the court,

are they legally obliged to send me all the information they have about the case?

They wanted to charge me for p/work to remove the CCJ,

so is it likely I'll have to pay for this too?

 

And what about the phone number?

How can any company,

no matter what their business,

give you a contact number to call them only to have it tell you that it does not receive incoming calls? This sums this lot up quite nicely.

 

I'll call the court again on Monday morning and see what they have to say,

and I'll update on here as soon as I know.

 

Thanks everyone

[harrassed senior]

I would advise that you also make a complaint to the OFT and Trading Standards via: Consumer Direct

 

You seem to fairly well organised, but I would suggest that you write an itemised list of chronological events in order that you can then gather together all the supporting paperwork you have on these appalling events.

 

It may well be that you could either get an appointment with CAB or a short appointment with a Solicitor.

 

Depending upon your earnings, and if you claim certain benefits you may be able to issue the set aside for less than the £75.

[seniorservice]

Jossy, when you phone the court, find out who the claimant was (see my post at #4). Will be interesting to see if HF are trying to collect debts due to the liquidated RW & Co Limited.

[ScarletPimpernel]

I suspect that the new RW bought the assets, including the debt book, of the old company.

[seniorservice]

If that's the case should Jossy have been served with a notice of assignment before they attempt to collect as presumably they can only be acting on behalf of the new RW?

[The GodMother]

Interesting they got a ccj for a non existant debt.

[unclebulgaria67]

Interesting they got a ccj for a non existant debt.

 

Not really, as I think they got it by default. So court would just have accepted the claimants word for it that the debt was owed, at the amount they said it was.