Robinson Way Harrassment and cap1 debt

[Happyhippy1959]

Have to agree... YOU TELL THEM WHAT YOU CAN AFFORD... bloody cheek.... Did that with a few of mine,,, and I'm still here...

[Gumboil]

Thanks all. Can I just check one thing about the letter template please? The link provided above mentions amending the first paragraph to suit. Am I right in assuming that I should quote s78 as this is shown as an account due to Robinson Way and behind it in brackets it says "ex-(credit card company)"

 

thank you

[ims21]

Hi gumboil

 

Just make the first para as follows:

 

"This letter is a formal request under s78 of the Consumer Credit Act 1974. I require you to provide etc, etc."

 

Also leave the bit in that says "if it is your view that you are not the original creditor....etc etc".

 

ims

[count orlok]

I've been paying all of my creditors what I can afford (£1 pcm), a few accepted it, most did not, some sold the debts on some "employed" DCAs, I continued making token payments to the original creditor, I didn't pay any of the "employed" DCAs, I am making token payments to fred as egg no longer wanted my money but Bryan had to give me fred's bank details as would not play with his silly little card.

 

Those that "employed" DCAs have all had the accounts returned (DCAs don't like working for nothing, and if you won't pay them they get nothing), and all but one of the remaining creditors accepted their tokens. For a year the final creditor kept writing threatening plagues of locusts, floods, and all sorts of biblical events if I did not pay (I continued to make toekn payments). No locusts came, no floods, and the sun still rises every morning. They to have now accepted the token payments. Do not worry.

 

I sent all my creditors CCA requests, some came up with nothing and get nothing.

Edited May 23, 2011 by count orlok
added last para'

[Gumboil]

Thank you both very much indeed. I'll keep you posted.

[Happyhippy1959]

here here Count,,, I am on token payments and off my 16 creditors I would say half are dealt with by DCA's and half by original creditor. This situation looks on going for at least six years as my youngest does not leave school till then. I have yet to CCA most of them,,, Argos has got a SAR because Fred's got involved and the amount has risen so I need to check that out. Taken out in the mid - late 90's so should be interesting on what comes back..

 

I do exactly the same,, I send my IE and I tell them what I can afford. Any overtime goes pro-rata or dumped on the smallest. Have cleared three so far and should have another three done by the end of the year. But being a NHS employee I just hope that the job lasts.

[Bazooka Boo]

I am sure that the I&E band wagon has been thoroughly been thrashed round the furlongs to the point that the regulars are sick to the back teeth of advising on the issue.

 

"I'M NOT!"

Dca's are way above their pathetic little station when they demand such private & personal info form any one, agreed it may help some in certain circumstances, but let it be known, DCA's are unqualified uneducated and unlawfully demanding this inflow!

[brokebutnotbeatn]

I think it depends on the I&E and how complex your life is! I would never send an I&E on principle. Even my debt mangement company have given up asking me about updates - I just repeat 'no change other than cost of living increases which reduces my ability to pay even further'.

[Happyhippy1959]

Good points on both side's of the argument. I will take the middle road here and send one first with a paragraph stating they have no powers to request one and that it is a goodwill gesture on my behalf.

 

When reviews come around its then I state NO CHANGES EXCEPT COST OF LIVING RISES HAVE MADE MY SITUATION WORSE.

 

Marks and Spencers reviewed last month and I sent one and no problem. Another year of Token payments. ( That's my position, obviously Boo has his and I can see the argument there.)

[brokebutnotbeatn]

Exactly - each to his own and what suits best!

[count orlok]

I had payplan do me an I&E a couple of years ago, this showed I had no income to pay debts. If any ask me for one now I just tell 'em you've already had one (or your clients have), and nothing has changed.

 

I don't tell 'em anything else, because no matter how little you get they always think you should eat less, starve your pets, give up the internet (something that even the government consider as essential), and send your kids up the chimney or down the mine, so that you can pay them. You ones that send out their own versions sometimes don't even have a section for food!

[Gumboil]

I sent the CCA request last week. Robbers Way have replied thus:

 

"Following your request, we have today asked for a copy of the agreement/statement to verify that you are liable to pay the amount due.

Your Accont has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course.

Thank you for your co-operation"

 

I take it that they are obliged to send me this stuff within the statutory time limit? They've worded it in such a way that it looks like their handing the responsibility over to the credit card company and will put any delay down to them.

They also seem to refer to my liability to pay. Surely that's not the issue. If I've read the CCA letter right, the issue is about Robbers Way having the right to collect or have I got it wrong?

 

Thank you all for your continuing help. I'll keep you posted.

 

Gumboil

[ims21]

Hi gumboil

 

They must send you the papers which will confirm thay are able to collect (provided they are valid). If they haven't sent you the stuff within 12+2 days then you put the account into dispute with them and they are not allowed to collect until they provide the paperwork.

 

If they can't provide it then they tend to pass the account back to the OC.

 

ims

[Gumboil]

12 + 2 days have now elapsed and I've heard nothing by phone or writing from Robbers Way. What do I do now? How do I put the account into dispute? Can you very nice people provide me with a link to a template letter I can use?

 

Thank you.

[ims21]

Hi gumboil

 

you can adapt this one

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

ims

[Gumboil]

I sent off the account in dispute letter recommended by ims21 above. I've now had a reply from Robbers Way. The letter states:

 

"We refer to your recent correspondence in which you state we have failed to provide the documentation requested within the necessary time period. Your account remains on hold as we deal with your request, preventing an collection activity at this time. however, the delay in obtaining copy documentation does not mean that the debt does not exist. your data will continue to be processed in line with the principles of the Data Protection Act 1998. we will contact you in due course."

 

As I understand it, the issue is not whether the debt exists or not, but Robbers way right to collect on it. How can they now collect on it now that the 12+2 days has expired?

 

I'd once again be very grateful for your thoughts. Thank you.

[Gumboil]

Sorry, "an collection activity" should be "any collection activity"

[ims21]

Hi Gumboil

 

You're right....I don't think ayones is suggesting the debt doesn't exist. They are just not allowed to collect on it. They can't collect on it until they come up with the goods.

 

Just shows how dumb they are.

 

ims

[Gumboil]

Many thanks ims21. Bearing in mind that they don't appear to be able to get the documentation requested , do you have any idea what their next move might be? Am I likely to hear from them again or will they leave this run indefinitely? Surely now that they've failed to come up with the goods within the statutory period, they can't collect no matter what.

 

Thanks again.

[ims21]

Hi

 

Like I say...until a dca comes up with the s77/78 documents they must cease collection activity. All the time they don't provide they cannot collect. If you hear from them again, report them to OFT as they are attempting to collect on an account which is in dispute.

 

If they do come up with some docs then that is different as they can then start collection activity again.

 

You may or may not hear from them...who knows with dcas?

 

ims

[dx100uk]

their next move will be to be pig sick that another cash-cow has been moved to another field

 

fleecing time over.

 

now get reclaiming!!

 

dx

[Gumboil]

Thank you both very much.

 

dx100uk, how do I go about reclaiming?

[ims21]

Thank you both very much.

 

dx100uk, how do I go about reclaiming?

 

Hi gumboil

 

You said in an earlier post that you didn't have any charges on the credit card account. Are you sure?

 

The reason I ask is that prior to handing over to a dca there would most likely be periods where payments were not made on time or the card perhaps went over its limit. The card companies charge for both of these events. Do you have your statements so that you can check?

 

If there are any such charges you can claim them back with interest as well.

 

ims

[Gumboil]

Around 15 months ago, I sent off a request to Robinson Way for a copy of my credit agreement under the Consumer Credit Act 1974.

 

The debt related to a credit card debt which RW had purchased. I used the appropriate template in the library as the basis for the letter.

 

RW replied within days that they were seeking the agreement from the credit card company.

 

Around one month later, I sent them the failure to provide a copy of the agreement within the prescribed timescale letter (Letter N in the librar).

 

They acknowledged receipt but continued to say they were still seeking the agreement.

 

Since then, every month they've continued to send me notification that they were seeking the agreement.

 

I've now received a pile of A4 documents showing regular payments to the crdit card company plus default, reduced payments to RW.

Another page has a photocopy of the bottom of the credit agreement with the right date and my signature.

 

The RW covering letter states that they've provided what's been asked and want my repayment proposals within 14 days.

 

What's my next move?

 

They've been unable to provide the information within the prescribed time.

 

I did think of sending another copy of the second letter in reply to see what happens.

 

Thank you

 

I forgot to add that RW did suspend what they call "collection activities" on the account following receipt of my first letter.

[lookinforinfo]

This is a copy of the relevant section of the CCA

 

78 Duty to give information to debtor under running-account credit agreement.(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to—

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

[F2(4A)Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor—

(a)failing to make payments as required by the agreement; or

(b)only making payments of a prescribed description in prescribed circumstances.]

(5)A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement;F3. . .