Robinson Way Ltd

[DASullivan]

After dealing with this bunch of clowns for the last year, I finally received a letter from them stating the had discharged the debt, however I also sent a letter of complaint and received a response yesterday stating they were still pursuing the alleged debt, I called the office and was told it was reactivated by the person who had answered my complaint! Here's my response below, I have sent an email and recorded letter with all correspondence I've had with Robinson Way to the Authorities at the bottom of the letter.

 

My question is am I right with points of law?

 

24th December 2010

 

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Robinson Way REF: 600385380

 

OFT REF: EPIC/ENQ/L/95204

 

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Dear Susan

 

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I refer to your letter dated 17th December 2010. Your letter states that your company does not accept that the alleged debt is statues barred. Perhaps then you can explain to me why your company sent me a letter dated 29th November 2010 stating you had discharged the debt as it was statue barred (copy of letter attached to this email). Your letter states that the last payment made to the alleged debt was June 2005, unless I'm mistaken that was five years and six months ago and as I reside in Scotland the debt is statue barred. I have sent numerous letters and emails to your company to this effect and copies have also been sent to my local trading standards officer as well as the OFT.

 

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I called your office today and spoke with a gentleman called xxxxxx he said that my account had been reactivated by you. Firstly you have not adhered to the Data Protection Act thus my complaint has now been passed to the Information Commissioners Office as your letter quite clearly states "Closed my account with your company". Clearly they have not following the call to your office today, it's quite clear you have illegally retained my details upon your system. xxxxx also informed me that there was a record on the system that states I made a payment in 2006, (this can be proved by both your offices recording of the telephone conversation and my own recording). When I challenged xxxxx regarding this and stated that I had confirmation from both you and Capital One that states otherwise, he escalated the call to a Manager called xxx I asked xxxx to confirm that there was a payment made in 2006 but she was unable to find this. Again this leads me to believe that*

 

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A) He was misleading me thus possibly committing an act of fraud which is a criminal offence*

 

B) You placed that date upon the system to reactivate the account after your company closed the file.

 

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Either way your company may have committed an act of fraud by doing so.

 

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You letter also states that the alleged debt is not unenforceable, this is untrue, I made a request for a copy of my CCA in February 2010. Your company never sent anything along the lines of what the Consumer Credit Act states which is a follows;

 

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1) Amount borrowed

 

2) Lending charges and Interest rates

 

3) Schedule of repayment

 

4) Notice of cancellation*

 

5) My signature

 

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The piece of photocopied A6 paper your company sent me in September 2010 only had one of the aforementioned items, my signature, with this in mind as of today’s date I am still awaiting for this accurate information to be sent to me. This leads me to believe that Capital One never kept accurate records and thus I have instructed my solicitor to inform the "Financial Crimes Branch of HM Treasury" that Capital One is in breach of the UK money laundering laws for failure to keep accurate records. I will also send a copy of this letter to the Chairman of Capital One who I'm sure will be interested in the reason his company will be investigated by the aforementioned authorities because of your companies inability to handle it's business within the Framework of UK law.

 

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You will also note that the Credit Agreement Act also states that you have nearly 42 days to supply me with the CCA but your company took nearly Six Months. Again your letter has*given*me misleading information stating that the debt is enforceable when clearly it’s not in a UK court of law and thus you have potentially committed an offence of Fraud by stating otherwise (Fraud Act 2006)

 

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I have also instructed my solicitor to instigate proceedings against Robinson Way under the Protection of Harassment Act 1997. Your company clearly is unfit to hold a credit licence and this can be proved in a court of law with the numerous correspondences between your office and me. You have also abused the legal system by constantly threatening legal action.*

 

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I have included below the various statutes I believe your company has breached since dealing with me'

 

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Administration of justice Act 1970

 

Consumer Protection from unfair trading regulations 2008

 

Fraud Act 2006

 

Data Protection Act

 

Protection of Harassment Act 1997

 

Communications Act 2003

 

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Finally your letter states that it was the final response to my complaint, and as such i have now forwarded it to the Financial Ombudsman. It seems to me that your company should have an on duty solicitor at all times whilst your office is open for business to clarify your dealings with the public. I will now endeavour to see you in court for damages due to harassment, I will also ask my solicitor to instigate proceedings against your company to hold a credit licence with the OFT.

 

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I hope this letter makes you and your company fully aware of my position.

 

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Sincerely

 

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Mr D Sullivan

 

CC

 

Office of Fair Trading - Fleetbank House

Claire Clinton – Trading Standards

The Financial Ombudsman Service - South Quay Plaza

Information Commissioner's Office - Wycliffe House

Richard Fairbank - the Chairman of Capital One

Cameron Fyfe – Solicitor*

Edited December 25, 2010 by MARTIN3030

[rebel11]

Hi DA

 

Welcome to CAG

 

The guys will advice you as soon as they are available.

[nicklea]

By all means send this letter to them as it will obviously make you feel better by venting your anger.

 

However, I would suggest that there really is not much point. As you say, because you live in Scotland, the debt is statute barred by virtue of the Prescription and Limitation (Scotland) Act 1973. In fact in Scotland the position is somewhat stronger than in England because your obligation to pay is totally extinguished. Whereas in England and Wales it merely means that they cannot take you to court.

 

You say that this has been going on for a year. I would suggest that you just ignore them. However, if you wish to to carry on writing to them then by all means do so but don't expect any results from it.

[MARTIN3030]

Yes agreed.

Did you ask them to send you a copy of their complaints procedure ?

These people keep getting away with this because they dont get reported enough.

Inform your TS/Consumer direct about this.

Also demand an undertaking in writing that further recovery attempts will cease immediately.

If they do continue,I would consider a claim for harassment.

[MARTIN3030]

Btw-I have had to remove named individuals as per site posting rules.

[DASullivan]

Hi Martin

Yes I did ask for their company's complaints procedure and whilst they were dealing with my complaint I received a letter from their collections

department stating they "considered your comments and decided to close the account" they also stated in the letter in November that I would not receive any further communications from them, however I also had sent them a letter of complaint, when they responded to that complaint they also reactivated my account. My local Trading Standards and a officer from the OFT said to me that they have never heard anything like this before. I'm still pondering othe idea of involving the Manchester Police as I believe they are now bordering on crinimal behaviour.

[MARTIN3030]

Well nothing to lose by looking at that avenue.

You have a good paper trail now to support it.keep us posted.

[Tingy]

Just a final quick thought, but firstly well done for sticking your ground so vehemently.

 

Your letter, while as Niclea says is unnecessary as the debt is statute barred and it would be a shame for it not to be sent as it's such a good letter. Make sure that you carry out your threats and report them to ALL the bodies mentioned in your letter. It may stop some other poor soul receiving similar treatment in the future.

[Mr Worried]

Hi D Sullivan

 

( My question is am I right with points of law? )

 

2 Questions really, you asked the above question after you had sent the mail / Paperwork ? should you not have asked the question prior to sending letter?

 

Why do you expose your name?

 

Just an observation as I await the turkey and sprouts to digest, apart from my 2 observations it is a 'nice' letter.

 

Mr, I will assemble you scelectrix when I am able to move,

[DASullivan]

Hi Tingy

Thank you for your comments. I have the letters for all the mentioned authorities waiting to be posted by recorded mail on Tuesday. I also included with all the letters a photocopy of every letter to and from Robinson Way. I was willing to drop it when they closed the file but now even if I receive an apology in blood it won't be enough, I will take these clowns to court. I also asked the OFT to explain how the directors can be held as "fit to hold a credit licence" when the original Robinson Way company was declared bankrupt and yet they can still hold a licence. Seems to me the OFT have some explaining to do.

 

I also agree with you that to many people allow companies like these to get away with murder, this is mainly down to peoples lack of understanding of their rights, it's a shame that websites like this do not have the funds to advertise their service.

[DASullivan]

Hi Mr Worried

The letters are sitting on my desk at work awaiting for posting on Tuesday morning mail, enough time to cool down and gather information. With regards to showing my name, I do not see the problem with that Mr Worried, I have nothing to hide.

[Mr Worried]

Hi D

 

If your happy with that then no probs, I just thought it was a rule of the forum, not to use ' names '

 

Apart from that, help yourself to them sweeties to the right of your armchair.

 

Mr.

[DASullivan]

Lol thanks Mr Worried, and you enjoy your "scelectrix" and merry Christmas

[Mr Worried]

HA Ha D

 

Speak soon no doubt.

 

Mr