Robinson way/Cap one

[dieudas]

I have recently asked for a CCA Robinson Way for an old Cap One debt, yesterday they sent me what looks like the application form I signed originally back in 2004 and another sheet with some terms on it, along with this they sent me reams of printed out what they say are statements, but there is nothing on them except balance and credit limit...no payments made or charges. I have read around a few threads but most of them are quite old, a lot of people are under the impression that this isnt a CCA? I wondered if anyone could tell me if this still stands now as enforceable or no? thank you

Edited August 5, 2011 by dieudas
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[unclebulgaria67]

So when was your last payment for this account and do you have a copy of any default notice ?

[dieudas]

no never did receive a default notice , although one is registered on my credit file in 2006. I started making token payments to RW back in 2009 because I knew nothing about CCA or wotnot...I was only paying £5 a week and they sent me the statement of that as well, then I was enlightened so to speak and asked them for one, and that was it never heard from them again. Now several years down the line Im trying to clean up my credit file from a rough period in my life and I contacted experian and asked them to contact RW...hence this old application showing up now with some kind of account statements..

[unclebulgaria67]

So you are continuing to make payments and you receive an annual statement ?

 

If you have stopped and they have gone quiet, they will catch up with you eventually.

 

I think you have reached an impasse. You are not going to go to the effort of proving unenforceability and they won't play ball with you anyway.You could just get hassle in return when they 'review' your account. The alternative is to come to an agreed reduced full and final settlement and thrn the default will then be shown as satisfied. The default should come off your record next year anyway i.e 6 years after default.

[dieudas]

alright thank you, I have managed to scan and upload what they sent me now ...

 

but no i stopped making payments back in 2009 after they never sent me the CCA and I figured therefore it was unenforceable so let it be..

[unclebulgaria67]

alright thank you, I have managed to scan and upload what they sent me now ...

 

but no i stopped making payments back in 2009 after they never sent me the CCA and I figured therefore it was unenforceable so let it be..

 

I would not bother even looking at enforceability or not, because I am not sure that will get you any further. Even if someone told you it was unenforcable, that does not mean that you can sit back and just ignore any letters. They could still take you to court at some point and take a chance. Judge lottery, default judgement.

 

The choice I would think is 1) Try to settle with reduced full and final if you want to get rid of it or 2) ignore and deal with it when they contact you next (you have up to 2015 before it becomes statute barred).

 

You can't view the scanned docs as they are too small.

[dieudas]

OK, that's about what I thought too , I have written to Cap One and asked them for a copy of all my information, including proper statements , I need to look at the charges on them properly, I have drafted up a letter to RW saying I am dealing with getting my info from Cap One , once I have it in my hands and see what it says , what is owning and what may be able to be claimed back in charges I will then look to sorting things out with them, do you think that's reasonable? the amount owing from what I can just guesstimate at the moment is made up of an outstanding balance of 40 percent and the rest of it is interest and charges.

Edited August 5, 2011 by dieudas

[citizenB]

Are Robinson Way acting just as a collection agent or has the account been assigned/sold to them ?

[dieudas]

in with the bundle RW sent me was also a letter entitled Notice of Assignment dated 2008..it says this letter serves as formal notice to you that the assignment of the account to Robinson Way & Company LTD , we are now the administrator and owner of the debt in place of Capital one..

 

so I assume that means they bought it yes..

[unclebulgaria67]

once I have it in my hands and see what it says , what is owning and what may be able to be claimed back in charges I will then look to sorting things out with them, do you think that's reasonable?

 

Yes I think that is a reasonable way forward.

 

Once you have worked it out, you might be able to get an agreement for an F&F of about 20% of the real debt amount. But remember that the F&F would be required as a lump sum. RW would not have paid much of it, may be less than 10% of the value of the debt at the time, so they might be happy with 20%, rather than £20 a month.

[dieudas]

ok thank you for your help!! will keep the thread updated when I hear back from them.

[dieudas]

Ok update on this thread,

 

so...I wrote to capital one letting them know I required my original credit agreement ( not the application form ) and statements as I would peruse claiming back charges on the account , I have just recieved a letter from them which basically says the OFT has not challenged the right to apply default sums just the amount they are set at, the level is £12. We have looked at your account and without admission of liability will reduce all default sums charged in the six years prior to the date of your complaint to £12, the amount of refund will therefore be £186.04 . This is made up of £168 for all default sums charged about £12 plus £18.04 for interest charged. I am unable to refund any sums prior to six years of you making your complaint because under the Limitation Act 1980 you are out of time to make any complaint in relation to these charges.

 

It then goes on to say if i would like to accept the offer i must do so within 14 days , it says that the debut was sold to Robinson way back in 2008 and they no longer report to credit reference agancies regarding it..

 

I would love to here your thoughts on this people? I was under the impression it had to be the people who added the default who then sorted it out? also does that seem right to you that they will only refund the part of the charge that was over £12?

 

Any ideas what to send them now. I am still waiting for my SARS request to be sent as I have had nothing from them

[BRIGADIER2JCS]

I think I would wait for the SAR results for now,

it would seem that they have complied with the OFT

and reduced the charges to the ''reasonable'' level,

and wouldn't think they'll go any further, as the debt

was sold to RW then they have the right to update the

default as it will now be in their name,so you will have to deal

with them.