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Robinson Way Harrassment and cap1 debt


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The Act requires that you receive a copy of the executed agreement not just the bottom portion. You should also receive a copy of any document mentioned in the agreement.

So without a sight of the whole document how would you know what else you are supposed to be included. One thing that would have been included were the Terms and Conditions

-those that applied at the time of the signing of the agreement and the current ones too.

 

Until you receive a copy of the full agreement and the T&Cs and the necessary financial statements, the account is still in dispute and you will report them to the OFT as being unfit to hold

their Credit Licence for pursuing you when not only are they late in supplying what has been provided, but they still fall well short of what is required under the Act. They are trying to

mislead you by implying that they have complied with your statutory request which is a breach of BCOBS.

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Ok you have what appears to be an atempt at producuing a reconstituted agreement, BUT a recon must contain the original terms and conditions and the current ones if these are not provided the recon does no comply with sectio 77/78 CCA 1974, this can be challenged, there is some prospect these days that a judge would accept the ''evidence'' provided here is sufficient to enforce the agreement.

My advice is to send the following to RWs compliance manager.

 

Ref: xxxxxxxxx

 

Dear Sir or Madam,

 

I am in receipt of the bundle of documents sent supposedly in answer to my request under sections 77/78 of the Consumer Credit Act 1974 apart from the fact these docuents have been provided far outside the timescale of 12 +2 days laid down in the ACT, they DO NOT meet the necessary requirements to be considered a reconstituted agreement as you must be well aware.

 

Given the information above the alleged debt is still in dispute, given the fact that you have provided a ''signature'' pane which may or may not be from an original

credit agreement I have doubts regarding the reasoning behind the provision of this item.

 

I think you should consider carefully the data provided here and it's relevance to my original lawful request under CCA 1974 and in the case I will not make any offer of payment on this disputed matter.

 

send recorded delivery.

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Thank you both very much indeed.

 

BRIGADIER2JCS, I'm a little confused about the implications and significance of the non-compliance with the 12+2 days of the CCA 1974.

 

How much clout does the fact that Robbers Way have not complied with the request within the timescale mean?

 

To what extent can I hold this against them?

 

I will certainly follow your advice and send off the letter you've kindly compiled. I'll re-post when I receive a reply.

 

Thank you all again for your help.

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Thank you both very much indeed.

 

BRIGADIER2JCS, I'm a little confused about the implications and significance of the non-compliance with the 12+2 days of the CCA 1974.

 

How much clout does the fact that Robbers Way have not complied with the request within the timescale mean? - none

 

To what extent can I hold this against them? - none

 

I will certainly follow your advice and send off the letter you've kindly compiled. I'll re-post when I receive a reply.

 

Thank you all again for your help.

 

does this show on your cra file?

 

see below

 

noddle is free

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you both very much indeed.

 

BRIGADIER2JCS, I'm a little confused about the implications and significance of the non-compliance with the 12+2 days of the CCA 1974.

 

How much clout does the fact that Robbers Way have not complied with the request within the timescale mean?

 

To what extent can I hold this against them?

 

I will certainly follow your advice and send off the letter you've kindly compiled. I'll re-post when I receive a reply.

 

Thank you all again for your help.

 

In real life, NONE!

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It does not satisfy sect 77/78 and does not meet requiremente for a recon, I think they woud be hard pressed to get a judge to accept this, it is cobbled together from various documents.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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  • 3 weeks later...

I got admitted to hospital just over two weeks ago (heart problems) and unfortunately I never got around to posting the letter suggested by BRIGADIER2JCS. I've come home today only to get handed a further letter from Robbers Way from the postman.

 

Today's letter has a number of untruths contained within it. For example the top line of the letter says "Due To: Robinson Way Limited (EX [CREDIT CARD COMPANY]). Now I remember RW informing me some years ago that they had bought the debt from the Credit Card company.

 

Furthermore below the "IMPORTANT.....DO NOT IGNORE" line the letter states:

 

"Our Client has authorised us to recover the full amount you owe. PLEASE PAY THE FULL AMOUNT YOU OWE WITHOUT DELAY. If you cannot pay in full, call us directly to agree an affordable payment plan"

 

It then goes on to say that if I do not pay the full amount due or agree a payment plan, they may advise their client to start court action etc and an application will be made to court to enforce repayment. Also "this account may continue to be a worry for you" amongst other things such as seeing a mortgage etc

 

I don't understand what they are playing at here. They've phoned me countless times over the years to offer a reduced payment of around half the full debt. I've thanked them for their offers but explained that as I'm on disability benefits, I can't afford the money. Surely, that alone indicates that they have bought the debt, so who precisely are the "clients" they talk about?

 

It's taken them around 16 months to produce the copy of the agreement and now I don't know what to do next. Do I send them the letter suggested by BRIGADIER2JCS despite the fact that I didn't respond in the 14 days they wanted? There's no doubt that the bundle of documents they sent was a re-hash. The terms and conditions at the time of signing are there, but they've not included the current ones.

 

What should I do next? I was admitted to hospital with a life-threatening cardiac arrythmia and this right now is causing me great concern.

 

Thank you.

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bing bong...

 

discounts you say...

 

ignore then.

 

got hundreds of copies of that letter you mention above too.

 

PLEASE

 

just remember these muppets have NO LEGAL POWERS.

 

did you get your CRA file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you both very much dx100uk and BRIGADIER2JCS. With regard to RobbersWay mention of "our client", can I request that they disclose full details of the client involved given that I know they purchased the debt themselves some years ago?

 

I've not sought my CRA file yet dx100uk as the free site I was looking at (begins with "N"?) appeared daunting with all the personal info they need. If I complete the form online, will my details be completely confidential and is the service truly free?

 

Thank you.

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Yes it's safe and free, but please be aware Noddle is not always up to date, I have found that they often vary greatly from Equifax and Experian.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Aargh! I've not got a Credit or Debit Card. What now?

 

 

You will have to make a postal request cost £2 best to use Experian or Equifax for this take a look at their site instructions are on there.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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In my opinion what they appear to have sent you so a swift letter just saying what they sent does not comply with your cca request and until such time as the do comply the account is in dispute. If they disagree feel free to issue court proceedings which will be defended. That should shut them up. Is there a letter in the library about missing prescribed terms.

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You are entitled to know the ID of the original creditor, make a complaint to their Data Controller, but make sure you don't admit/acknowledge the debt.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 weeks later...

Just received a reply back from Robbers Way Compliance Team.

 

They admit to being unsuccessful in their request for a copy of the agreement under CCA 1974 for well over a year.

They confirm that they were aware that no action could be taken against me until they produced the agreement

and they suspended collection activity on the account until they could comply with my request.

 

They then rattle on that a reconstituted agrement will suffice ( as if I didn't know thanks to you good folks).

 

However, they admit the copy is of poor quality and they've returned to suspending the account until they can get a clearer copy.

They state that they cannot enforce the agreement through court until they've complied with the request.

 

Now comes the interesting part.

 

They then go on to state that they have made an error in implying that they had a client.

They state they purchased the debt from the bank concerned and regret any confusion caused.

 

Now I have umpteen letters from them stating that the debt is due to "Robinson Way (ex name of bank).

I also have the recent letter that states that they will advise "their client" to pursue court proceedings.

Clearly,they've considered that the threat of proceedings from a bank are more terrifying than that from a DCA.

 

Furthermore, the bank has shown little inclinition to help them recover the money by taking their time in supplying the documentation.

 

The current Terms and Conditions were also missing from the documents.

 

I don't consider that they've made an error in referring to their fictitious client

- they've lied to me about it from the beginning as I've found other letters from them that also refer to a client.

 

They've also behaved like a debt purchaser in writing and phoning me offering to settle the debt at a discount.

 

All these lies seem to me to be in my favour and I'd be grateful for some comments about how you think a Court would view their behaviour.

 

Thank you.

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The account is unenforceable. You want to keep it that way so why even think about court. This is where people like Carey et al fell apart. I believe they took the banks to court and lost,if they had stayed out of court and quiet they might have been ok. I think i got that right. Someone please correct me if i am wrong

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Sorry drop47. I wasn't thinking about court myself but about their threat to take me to court. the sentence actually reads:

 

"Please note that being unable to provide the agreement does not mean that the debt does not exist or that we are not entitled to pursue you for payment, merely that we cannot enforce the agreement through Court until such times that we have complied with the request"

 

What I was asking was that could they carry out their threat to take me to court after they've supplied what they consider to a be a clearer copy of the agreement? I'd also be very grateful if you could explain why the account is unenforceable.

 

Thanks

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It is unenforceable at present because as they admit they are in breach of your cca request. That doesn't mean it is totally unenforceable for ever as they could find the documents. That is why in my opinion you must stop paying now if you haven't already done so. I have not read back on the thread so can not comment more at the moment.

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recons are by nature unenforceable.

 

brig has already explained things in his posts here already..

 

did you get your CRA file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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