Robinson Way Harrassment and cap1 debt

[drop47]

Ok so i have re read the thread. So when did you last pay or actually acknowledge the debt. 6 years after that the debt becomes statute barred. There are no guarantees here,they could come up with something to satisfy your cca request BUT even then they ought to provide a copy of the original in court and if they can not and you can not remember signing the agreement or receiving the terms they would struggle to get a judgement. There are lots of other technical defences but i would recommend a lawyer if it came to that. Hope that helps

[drop47]

Dx, my understanding is that a recon can satisfy a s77-79 request and thus a judgement could be obtained even if it was by default. However with the right arguments yes i believe they are unenforceable

recons are by nature unenforceable.

 

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

 

did you get your CRA file?

 

dx

[dx100uk]

no understand what i am saying........

 

by nature they are unenforceable, in a court of law

 

supporting evidence would be needed

like statement etc etc financial link etc etc

to get a judgement

 

but BY DEFAULT if undefended they would get a judgement as paperwork is never really read.

 

cra file is the key here

 

dx

[BRIGADIER2JCS]

DCAs & Debt purchasers use templates that cannot be amended to suit individual cases and also do not have people able to extemporise a proper response so you continue to receive inappropriate responses as is clearly seen here.

[Gumboil]

Robbers way got in touch with me again recently.

In the letter they claimed that they were working for an undisclosed “client”.

I’ve had one of these client letters a few months ago and was suspicious as it mentioned discounts for settlement.

I wrote back to them at the time and the Complaints & Compliance officer replied that the client claim had been a mistake and they had purchased the debt themselves.

I also pointed out they they had still not supplied the CCA documents required in their entirety and the account was still in dispute.

 

About a month Iater, I had a “polite” letter from RW inviting me to pay up headed “where have we gone wrong?”

and requesting I contact them to discuss repayment arrangements that were affordable. I did not reply to the letter and stayed off the phone.

 

A couple of weeks ago, I received a further letter stating again that they were acting for a client and they were recommending the client to go to court for recovery unless I contacted them.

I again wrote to them asking for disclosure of this so-called client, pointed out that just over 2 years had elapsed since I put in the CCA request and they had still not supplied the correct documentation.

If they wanted to take me to court, I said they were welcome to do so and I would point out to a judge they were continuing to lie regarding a client

and the unfair time I had been waiting for the correct documentation.

Robbers have now written again to say they’ve noted the contents of my correspondence and after reviewing the account, they have made their position

“perfectly clear” and will not enter into repetitive correspondence.

They assert that the documents supplied comply fully with my CCA request

and add “that any assertions that the agreement is unenforceable, would be a matter for a court to determine,

should either party wish to enter into litigation”.

In the “absence of any alternative dispute” they now require my payment proposals again after which collection activity will resume

or they “may” transfer the account to their solicitors who “may” commence legal action against me.

 

What should I do next?

Thanks

[dx100uk]

IGNORE THEM

 

stop playing letter tennis!!

 

they've offered a discount

 

debt is un-en, dead buried.

 

dx

[BRIGADIER2JCS]

So still no mention of a 'client' by name?

 

Is there any anything on credit reference files?

[Gumboil]

Thank you both.

 

I'll follow your advice dx100uk and ignore them. After all, they've now stated that they won't enter into letter tennis themselves so I'll abide by their wishes!

 

BRIGADIER2JCS, they've still not disclosed the name of their client. Having admitted that they purchased the debt (see #22), I think they're going to have some difficulty! They can't be that good at reviewing their files, as they can't even admit that they've previously apologised to me for falsely claiming the existence of a client.

 

Nothing about this on credit reference files.

 

Thank you both again.

[BRIGADIER2JCS]

Well there is already an obvious breach of the OFT Guidance on Debt Collection 2003/2012, 'deceptive and misleading communication.!

Edited June 14, 2013 by BRIGADIER2JCS

[F1fan]

These plonkers send me though letters for an alleged debt every so often.

 

I just read the letters to make sure they aren't anything important and then file and ignore.

 

Most of these DCAs have a cycle of letters they send: polite, less polite, threats, more threats , court threats

and then finally they clear off and sell the debt on or start again in 6 months.

 

What a terrible waste of paper.

 

You can tell they can't enforce squat when they start offering discounts

- if they knew the debt was yours and could be proved in court why wouldn't they just file for a CCJ?

They are bullies.

 

They haven't complied with your lawful request for a CCA,

the account is in dispute.

 

Ignore them until they produce a valid CCA.

 

Don't waste any more of your time, energy or money sending letters/emails/phone calls.

[BRIGADIER2JCS]

Non compliance with a CCA request just means that court action cannot be taken, BUT ALL other methods of ''debt collection'' can and will continue as will reporting to credit reference agencies.

Nor will ignoring the DCAs stop them selling the account on and starting the process anew with another DCA again without disclosing the name of the ''client''.

 

My guess is the ''client'' may be RWs Principle Hoist Portfolio that seems to have a portfolio of very old accounts.