Robinson Way Harrassment and cap1 debt

[Gumboil]

Hi All

 

I was retired due to ill health a few years ago and was unable to pay my two credit card balances.

One of the card debts was passed to Robinson Way.

 

At the time I had 4 children at home and was receiving Income Support plus Incapacity Benefit.

A Pro-Rata instalment agreement was set up with both creditors to pay a fixed sum to both each month in order to pay off both creditors by the same date. .

 

Two of the children have now left home so my income has effectively dropped by well over £100 per week despite subsequent annual benefit increases .

Nevertheless, I've continued to pay Robinson Way as per the original agreement each month via a Bank Giro statement they send to me on the bottom of a letter.

 

This month, they've increased the payment by a few pounds.

 

I phoned them and they said the account had been under review last month and they had notified me by mail of the increase.

I honestly did not receive their letter.

I told the person on the phone that I considered this very unfair.

I said I would pay the sum I had always paid as anything else was unaffordable.

The person told me that if I did so, the account would fall into arrears and I would be breaching my contract with them leading to legal consequences.

They want an Income and expenditure document within seven days or they will issue proceedings.

I cannot do this as my dad died recently and I'm having to deal with his complicated affairs.

I explained these personal difficulties with the person on the phone, but she was totally unsympathetic.

 

In addition, the fact that a pro-rata agreement is in force with Robinson Way and another creditor,

cut no ice with them - they tell me that I can increase my payments in their favour without any legal consequences.

 

Can you provide me with some advice please?

Right now, I'm dreading the arrival of next month's statement as I seem to have paid less than Robinson Way have demanded.

 

I did submit a new Income and Expenditure document to them late last year, but they claim not to have received it.

 

Thank you.

[Sidewinder]

Carry on paying what you already are. Robinson Way have no legal entitlement to an I&E form and will not go near Court as no Judge would be impressed with Court action where the defendant is clearly maintaining regular affordable payments.

 

They are simply after more money - must be an employee trying to hit targets this month. Are they actually entitled to collect this? Have you ever asked for a copy of your agreement? Was the CC balance made up of any charges, or did you have PPI on the card - you may be able to claim these back?

 

I suggest that you put Robbers Way on the back foot and start taking control again. You have nothing to be worried about here!

[dx100uk]

hey time to back pedal a bit here and cover some basics..........

 

firstly........why are you talking to these f;eecing muppets on the phone?

 

rule one.

 

NEVER EVER talk to a dca on the phone.

 

rule two

 

never ever pay any DCA anything...only EVER pay the OC [original creditor].

 

rule three

 

ALWAYS check these muppets have the LEGAL RIGHT [by CCA] to demand/accept money from you.

 

rule four.

 

DCA'S HAVE NO LEGAL POWERS - DO NOT FALL FOR THEIR THREATS - THEY CAN DO NOTHING TO YOU!!!

 

rule five

 

YOU CONTROL WHAT THEY GET - NOT THEM!

 

 

 

your story sadly reads like a cash-cow, that has taken everything they say AS THE LAW -WAKE UP - IT'S NOT!!

 

tell us about these debts - the history please.

 

dx

[ims21]

Hi Gumboil

 

Welcome to CAG.

 

Firstly, there will probably be lots of late payment fees/overlimit fees on your card accounts which you can claim back.

 

Second, how formal was this agreement to pay both creditors on a pro rata basis. Was there a formal debt management agreement or was it just by informal correspndence?

 

May we know who the creditors are i.e. which cards?

 

Don't worry about debt collectors...they have no teeth and are full of nonsense.

 

Don't ever talk to dcas on the phone....only do it in writing and keep copies.

 

Remember, its your money and you tell them what they are going to get, notthe other way round.

 

Forget their demands for increased payment. Let them threaten all they like..they won't take you to court if you are making payments.

 

So, on to specifics.

 

Do you have all of the statements for both cards? If so you can start a claim for the aforementioned fees straight away. If not you will need to send SARs to the original creditors. These will yield all information the company holds on you relating to your dealings with them. It will include all statements. Each SAR will cost you £10 and they will have 40 days to comply.

 

When you have all that info we can help you plan to get those charges back and help you deal with these people to your advantage and not to theirs.

 

ims

[Drexl Spivey]

Ask them for a copy of the contract you have with them that you are allegedly in breach of . I bet you will never see any such mythical document , bred from the lies of **** for brains telephone chavs.

[Kitten1]

And, if you are only on benefits, the most they are entitled to is £1 a month!!!

[Tootles1971]

You entitled this thread "harrassment" and that is exactly what this is. Check out the OFT guidance (sticky at the top of this forum).

[Bazooka Boo]

Dear Robbers way,

Thank you for your recent correspondence whereby you have deemed it necessary to raise my monthly payments without any consultation or approval from me.

 

Further to the one and only phone call I will make to your telephone operator on the dd/mm/yyyy, I was somewhat surprised at the attitude and lack of knowledge and training this person has, not only did they incorrectly infer that there was some sort of written agreement between ourselves, but they also went on to inform me that if I did not pay what you demanded then you would seek some sort of legal recourse as I would have broken this fictitious agreement.

 

The preposterous claim that I should send in an I&E form to justify my offer of payment is quite frankly way above your station, as you well know, that personal and confidential information can only be seen by a Judge, and I will not divulge such private affairs for your unqualified staff to ridicule and rebuff.

 

Your latest claims have been put to the OFT&TS for their investigation, any further contact from yourselves must be in writing only, all phone calls will be reported to the Police for the criminal offence of harassment.

 

I would however like to take this opportunity to thank you for your rapacious attitude, I have indeed carried out my own I&E form and due to my current financial position I am able to offer you the token payment of £1 a month. You do not have to agree to this, I will pay this via standing order for the foreseeable future or until my circumstances change.

 

Regards

 

Send it 1st or 2nd class and obtain "Proof of Posting" from the PO counter, this is free, and will be suitable to produce to any judge should the need arise, and show that you did indeed send this letter.

 

Keep a copy of it also (the letter)

 

Stay off the phone, keep a diary of events regarding their harassment by phone, and keep all letters they send including the envelopes and mark the date you received them on.

[Happyhippy1959]

Boo, your letters are legend.... love em.. I, as you know use them regularly

[Gumboil]

Hi all. Thanks you all for your replies. I've been worried sick about this.

 

I made a pro-rata agreement with two creditors, one of which was Robinson Way and the other was another DCA, Bryan Carter. The RW debt was apparently purchased from Capital One by RW and only RW informed me of the purchase. Capital One did not contact me at all.

 

There were no charges on the card and I didn't have PPI on it either. Can you tell me more about this maximum £1 per month entitlement by DCA's? When the pro-rata agreements were set up, I was determined to pay off both debts as quickly as possible and agreed to payments a good few pounds more than that. Perhaps I shouldn't have felt so guilty and been honest with them. Can I really revert this to £1 per month now as I'm still on the same benefits but in real terms, less well off as I no longer get benefits for the children who have left home.

 

I've also been frightened by the letters from Bryan Carter which claim that they are solicitors on their headed notepaper. They are based in Weybridge and act on behalf of a company called Phoenix Recoveries. Should I be more alarmed about Bryan Carter because they are solicitors? As an example, I was late by a couple of days in paying Bryan Carter due to a death of a parent and they sent me a letter saying that late payments were unacceptable, I had breached the agreement and advised me to take legal advice. Their letters definitely look more menacing with this solicitors headed paper. I pay the account monthly via a card embossed with the Bryan Carter name that I hand in at the Post Office along with cash.

[dx100uk]

you have indicated nothing about how old these debts are / were

nor if you have cca'd these leechers

 

i smell a cash cow

 

dx

[Gumboil]

Many thanks ims21. I'd love to send the template suggested by Bazooka Boo, but as I said in the last and first post, I did make an agreement with RW and BC as to the sum payable per month. Could I just delete the relevant sentences regarding my agreement on the template Bazooka Boo provided as it certainly seems to meet my requirements otherwise?

 

thanks

[ims21]

Just treat it as a template and amend to your circumstances.

 

Can you give the information requested by dx?

 

ims

[Gumboil]

dx100uk, debts from around late nineties to 2000. CCA? You mean Consumer Credit Act? If so, I've not reported their behaviour to anyone.

 

thanks

[ims21]

dx100uk, debts from around late nineties to 2000. CCA? You mean Consumer Credit Act? If so, I've not reported their behaviour to anyone.

 

thanks

 

What he means is a CCA request to get them to supply a copy of the agreement. If they haven't got a copy of the agreement they can't collect on the debt.

 

ims

 

ps....CCA template in the library.....top of any page and go to library link (in green)

[Gumboil]

Ah I see. Sorry! I sent a completed I&E that I composed myself to RW and BC. Is this the agreement you mean? RW agreed to the sum I proposed.

[ims21]

Ah I see. Sorry! I sent a completed I&E that I composed myself to RW and BC. Is this the agreement you mean? RW agreed to the sum I proposed.

 

No....we are talking about different things. We mean the original credit agreement, not the payment agreement you hve made with them.

 

By the way, sending these people your I&E is another NO NO. Your personal financial affairs are nothing to do with them.

 

ims

[Gumboil]

ims21, can you point me towards which template in the library I should be using please?

 

Many thanks

[ims21]

Here you go

 

http://www.consumeractiongroup.co.uk...request-letter.

 

ims

[Gumboil]

Sorry ims21, I think I understand. I'll try to dig out the original agreement I had with Capital One. Are we saying here that if RW can't supply the agreement, they can't collect the debt?

 

Thanks

[ims21]

Don't break your neck about finding your copy. Take your time over that but it might come in useful if you wnt to put in a claim for any late payment fees/overlimit fees etc.

 

Do the CCA request to see if they have a copy. If they can't supply it then they can't collect on it.

 

ims

[ims21]

Sorry ims21, I think I understand. I'll try to dig out the original agreement I had with Capital One. Are we saying here that if RW can't supply the agreement, they can't collect the debt?

 

Thanks

 

Incidentally, the same goes for both BC and RW

 

ims

[Gumboil]

Before I had a chance to get the request letter off, there have been further developments. I've now received a letter from RW as follows:

 

"We allowed you to pay this account by instalments. In spite of this you have not made payment as and when due. If you want to continue to pay by instalments it is important that you make every effort to make every payment on time.

 

Please pay the arrears quoted below immediately or further action may be taken to recover the full balance due. Call now to pay by debit or credit card or pay online.

 

Arrears: £X.00

 

Note after you pay the arrears, you must make sure all future instalments are paid on time as follows

 

Next Instalment: (Quoted figure is normal payment plus increase demanded) which must be paid by XX/06/11"

 

 

 

What can I do now? As I said in an earlier post, I've received no notification that the account was under review. I recently paid exactly the same sum of money to the account via the last statement as I've always paid RW, effectively ignoring the "payment due" figure which was a few pounds more. What will RW do now? Are they likely to send someone to collect the so-called arrears? Can they try to recover the full balance due because I've not paid what they wanted?

 

Thank you all for your continuing help.

[dx100uk]

you going backwards again..............

 

 

its YOUR MONEY

 

YOU CONTROL WHO GETS IT!!!!!

 

you TELL them what they are going to get and DO IT.....

 

get those CCA's off

thats more important than anything else.

 

PLEASE

 

read seq's blog in my sig too

 

dx

[ims21]

Hi gumboil

 

Have to agree with dx. Don't go backwards, move forward.

 

You're letting them get to you which is exactly what they want. Forget them, they can do nothing to you.

 

Have you sent the CCA letter?......if not make that your priority.

 

ims