Robinson Way

[craigers]

Got an old Capital One account that is now owned by RW. The balance is under £200 and was defaulted for a little over £400 back in November 2006. Have played letter ping pong for a while regarding the account- unenforceable agreement, invalid default etc. In May I invited the Managing Director to take me to court for the monies they claim to be owed. Funnily enough, I've no heard a chirp from them since then.

 

Now the default is a big issue for me. I have a couple of others that drop off by mid 2011, although that won't stop me doing what I can to prove they were unlawful! This RW one will only drop off in November 2012. I desperately want to get it wiped by the time the other two are off. RW way are refusing to remove the default, claiming its was originally put on by Cap One, therefore it must be accurate. Cap One haven't even responded to my SAR other than to say my signature doesn't match. I complained to the ICO in February about Cap One and not complying with my SAR, and my complaint is still waiting to be allocated to an appropriate ICO bod.

 

So I put it to the good caggers as to my next step. Do I..?

 

a) continue letter ping pong?

b) offer to pay the outstanding balance on the condition the default is removed?

c) initiate legal proceedings?

[firstship]

Hi...Craigers...........If this debt is owned by Robinson way and the balance is £200 why not make them a F&F settlement of say £30 with all the safeguards in place,that F&F will not be passed to another DCA and your Credit File is marked settled.I am aware this approach is very much against our desire to win against such pondlife such as Robinson way.........,or fight them....just a thought...FS

[craigers]

no danger i'll be asking for it to be marked setled, its no default or nothing!

[Bazooka Boo]

Send the fools a Letter before action, then take them to court and sue for damages, why these companies believe that they can continue to act in this manner without any recourse is bloody irritating, the sooner more people take them to task and issue them with court papers the sooner these might actually realise that what they are doing is going to cost them a pretty penny and hopefully their Job.

[craigers]

i'm going to have to send an lba. they have now closed the accont but refuse to remove the default stating the account history has to be accurately reported. this is despite the fact they have no proof the default is accurate.

[Deb T]

Are you sure RW own the debt and not just pursuing it on behalf of the Original Creditor?

[craigers]

RW definately own the account. LBA on its way later this week. I'm not having my credit file marred for another two years by a solitary default for a mere £400.

[ScarletPimpernel]

Why not take Capone to court for failing to comply with your SAR? They will find it extremely difficult to convince a judge that they failed to comply on the basis of a signature, when they happily flogged a debt and your data to a third party, especially if they made no other effort to establish your identity, and/or were writing to you beforehand.

[craigers]

in feb i complained to the ico about cap one and their failure to provide. the ico have just the other day written back siding with cap one. their decision is based on the fact that i had moved house but hadn't informed cap one, and the request for a signature was reasonable to identify me, despite the fact my signature has changed considerably.

 

before the account defaulted, i moved house and i forgot to inform cap one. they sold the account to RW so i am not going to inform cap one of subsequent address changes, am i.

[Bazooka Boo]

Use the ICO's own complaints procedure for giving you duff info regarding having to provide proof that you are the alleged debtor, when it is in fact up to the DCA to confirm they have the correct person.

[craigers]

well i've had a lot going on so haven't had any time to write an lba. can people help me draft a killer lba?