Harrassment from Robinson Way Limited, phoning my employer, at wits end

[chloes01]

Can anyone give me some advice.

 

I have an outstanding debt to the Halifax, i agreed a monthly payment but it was a small payment, they have now passed the debt onto a company called Robinson Way.

Due to changes in my salary i owe the Halifax two debts, one for my bank account and one for my credit card.

I do not dispute the debt but i want the charges refunded and then i will pay the true debt amount, with a small monthly payment.

Both debts have been passed to Robinson Way.

 

I have written to Robinson Way requesting verification of the debt and the amount owed and a signed agreement.

They have sent me a reconstituted copy of the agreement but no verification and no breakdown of the figure, this was the credit card account.

They want proposals of settlement urgently, as they have supplied a agreement.

The bank account they have said they do not need to provide an agreement and they will in due course send a breakdown of the amount owed, but in the mean time they require payments on the account.

I requested in my letters that they can only contact me by letter and not by phone, they say in the letter they have removed my phone number from their records.

Today they have rang my employer requesting to speak to me, of which i am very embarrassed, they keep on emailing me and sending texts to my phone.

I never gave them any of these details, the Halifax must of disclosed this information.

I have also written to the Halifax regarding charges, late fees, of which i am waiting a response.

I am at my wits end, due my circumstances i can only afford a very small amount, of which they will not accept, if i give them more money me and my small daughter will be eating less food.

If i agree a small amount to them, does this affect my claim for charges, fees on the accounts, if the Halifax agree to give the charges back, does it come off the amount owed, how does this work regarding the amount to Robinson way.

Can i write to Robinson way and stop them contacting my employer, can they get information from my employer regarding my income, can they take me to court, i do not know, none of the debt is secured. I am trying to make sure that my salary pays the important items, like mortgage, council tax, secured debt, i class these as low priority.

I am so annoyed with the Halifax, can they use my personal information and pass this onto these companies.

Can anyone give me some advice as to how to proceed.

 

Sandra

[rebel11]

Hi chloe

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved to the correct forum.

 

It's against OFT Guidelines for them to contact you at work. http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Also read 7 and 8 in my signature.

[penmarine]

Sandra,

 

not an expert like most on here but have you gone down the road of a CCA? If you have is the account in dispute? If not get a CCA off (or CPUTR 08 request from what i've seen over the past few days, I've been away for a few months), sent recorded with NO SIGNATURE. This should drag out all the important info that you need, depending on what you get sent back will depend on how you proceed! Whatever they sent back post on here without any references, your name, your address, etc on there (blanked out). And someone will be able to help out further. These guys and girls on here are a fountain of knowledge.

 

PM

[penmarine]

P.S. Robberways are pish, I know I deal with them.

[Bazooka Boo]

First thing to do is to get your priorities in the right order, which it sounds like you are doing, rent/mortgage, council tax, utility bills (less for clean water) are the main priorities, as are court fines and any secured debts you might have?

 

Everything else is put to the very very bottom of your "to pay" list.

 

In between your priority outgoings and unsecured debts is your food, clothes, cinema, party's nights out, new hair dos handbags and glad rags, nails etc etc, then whatever you have left after that, is divided up amongst all of the other vultures, end of, no ifs, buts or maybes, they will get what you pay them and be thankful.

 

A CCA for the credit card agreement yes, and any charges or fees they have added you need to reclaim.

 

The current account is different you would need to send a SAR to find out what charges they have levied against your account so you can reclaim them.

 

Have you received a default notice?

 

Then did you receive a termination notice? Did robbersway send you a letter to say they were now doing shallowfax's dirty work, and did shallowfax ever send you a notice of assignment?

 

Keep everything in writing ONLY, always PRINT your name, never sign, send everything by 2nd class post obtaining "Proof of Posting" from the PO counter which is free, the important docs you send, SAR's, CCA's, LBA's etc send recorded or special delivery.

 

Now, maintain a diary of events regarding the phone calls and any letters you receive, keep the envelopes as well if you can, and look for all those "URGENT" and " you MUST ACT NOW" letters that they send 2nd class tnt or walk sort. Kind of tells you exactly just how urgent they really are!

 

For the criminal offence of telephone harassment, then you can take your diary to the Police station and file a report against them for said criminal offence.

Complain to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Your local MP also, and Ofcom for breaches under the communications act.

 

Not that they don't know already, but you could send them the telephone harassment letter, although anyone with a brain cell will know that what they are doing by ringing you at work is harassment.

http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

[uaruman]

Can I suggest you contact your local trading standards office? Explain your situation clearly and you will receive a complaint number from them. They will explain the actions you need to take from that point on. Very simple really.( A one stop shop and trust me it works!)

[rebel11]

Hi Sandra

 

Have you been mis-sold PPI on the account? Have you got any Penalty Charges on the account?

[uaruman]

Seems that people are getting far to involved with issues which do not pertain to your problem of Harassment by Robinson Way. Secion 40 of the Administration Of Justice Act 1970 makes it unlawful to harass a debtor. ONCE AGAIN, AT THE RISK OF REPEATING MYSELF, contact your local trading standards officer. They will give you a complaint (crime) number. THEN, AND ONLY THEN, write to Robinson Way asking them to stop harassing you. Tell them clearly, quoting your reference number, that all harassment must stop, as and from the date of your letter. If they fail to do so they are commiting a criminal offence. (quote the above act)

 

If it doesn't stop and they continue harassing you, you go back to trading standards and make a formal complaint under the above act.

[BRIGADIER2JCS]

Refer RW to the OFT Guidance 2011 Section 3.6/3.7

physical/psycholigical harassment contacting debtors

at unreasonable times and/or intervals.

and OFcoms Revisded statement of policy 0n

the Persistent misuse of electronic communications

networks or services send the complaint to RWs compliance

manager.

 

Brig.

[ScarletPimpernel]

Seems that people are getting far to involved with issues which do not pertain to your problem of Harassment by Robinson Way. Secion 40 of the Administration Of Justice Act 1970 makes it unlawful to harass a debtor. ONCE AGAIN, AT THE RISK OF REPEATING MYSELF, contact your local trading standards officer. They will give you a complaint (crime) number. THEN, AND ONLY THEN, write to Robinson Way asking them to stop harassing you. Tell them clearly, quoting your reference number, that all harassment must stop, as and from the date of your letter. If they fail to do so they are commiting a criminal offence. (quote the above act)

 

If it doesn't stop and they continue harassing you, you go back to trading standards and make a formal complaint under the above act.

 

CPUTR 2008 is the legislation used nowadays in these circumstances. Trading Standards do not take individual complaints any more; one must now contact Consumer Direct who take details and pass them on to the relevant TS office. In theory they also pass complaint details to the OFT, who are responsible for enforcement. Compliance with the OFT Guidance is a condition of the licence DCAs need, and so Brig's advice above is perfectly sound.

 

As to whether Trading Standards will take any meaningful action, I suspect that if they did, Robinson Way and the rest of the debt industry would have been closed down years ago.

[uaruman]

CPUTR 2008 is the legislation used nowadays in these circumstances. Trading Standards do not take individual complaints any more; one must now contact Consumer Direct who take details and pass them on to the relevant TS office. In theory they also pass complaint details to the OFT, who are responsible for enforcement. Compliance with the OFT Guidance is a condition of the licence DCAs need, and so Brig's advice above is perfectly sound.

 

As to whether Trading Standards will take any meaningful action, I suspect that if they did, Robinson Way and the rest of the debt industry would have been closed down years ago.

 

I contacted my local trading standards office 6 months ago in respect of a relative who was being harassed by this company, literally day and night. I can only say it worked for them (and me). They have not heard another word from this company. In retrospect, a debt collection company has absolutely no rights to collect any money what-soever. Thats the law. They work on a 'smoke and mirrors' basis. Legislation is there to be used correctly. If it means driving certain individuals to distraction, so be it !!

 

It does not alter the fact that it also becomes a civil and possible criminal offence.

Edited October 28, 2011 by uaruman
clarity

[dadofholly]

I contacted my local trading standards office 6 months ago in respect of a relative who was being harassed by this company, literally day and night. I can only say it worked for them (and me). They have not heard another word from this company. In retrospect, a debt collection company has absolutely no rights to collect any money what-soever. Thats the law. They work on a 'smoke and mirrors' basis. Legislation is there to be used correctly. If it means driving certain individuals to distraction, so be it !!

 

It does not alter the fact that it also becomes a civil and possible criminal offence.

 

Debt Collectors do have a legal right to collect debts - they are given OFT licences on that basis. But their enforcement rights are limited, thats why they make threats.

 

As for telephone harrassment It only becomes an offence once you have asked them to stop - and they refuse, or take no notice.

 

Hence send the telephone harrassment letter as a first step.

 

AS regards phoning at work - that is against OFT guidlines so i would always advise Reporting via Consumer Direct and complaining straight to the OFT.

[uaruman]

Debt Collectors do have a legal right to collect debts - they are given OFT licences on that basis. But their enforcement rights are limited, thats why they make threats.

 

As for telephone harrassment It only becomes an offence once you have asked them to stop - and they refuse, or take no notice.

 

Hence send the telephone harrassment letter as a first step.

 

AS regards phoning at work - that is against OFT guidlines so i would always advise Reporting via Consumer Direct and complaining straight to the OFT.

 

The letter would obviously state that fact when you send it surely?. You are under NO legal obligation to pay monies ANY debt collector. That is the law like it or not

[Bazooka Boo]

Can you post a link to that part of the Law you are referring to?

 

I strongly doubt that any such law exists, what you are most likely referring to is Statutes and Acts, which aren't law at all simply legislative rule given the force of Law with the consent of the governed.

But thats a whole other story!

[BRIGADIER2JCS]

After many many years of Law practice I

have never seen such a statute, or common

law or case law on this idea.

 

Brig.

[dadofholly]

The letter would obviously state that fact when you send it surely?. Yes the letter does state that - That is why you must send the letter first - unless you ask them to stop ringing you it's not harrassment.

 

You are under NO legal obligation to pay monies ANY debt collector. That is the law like it or not I assume by debt collector you mean DCA's - in which case you are correct - unless of course they have purchased the debt and become the creditor.

 

However you said that a DCA has no rights to collect debts - that is not correct - they do have have the right to collect - but you may refuse to deal with them if you so please.

 

So can we now help the OP

[BRIGADIER2JCS]

Please state the title of the statute you refer to the date

it was made and the detail of how and why the DCAs

have no right in law to collect a debt I would find this

information most helpful.!!!!

[rhos123]

Please state the title of the statute you refer to the date

it was made and the detail of how and why the DCAs

have no right in law to collect a debt I would find this

information most helpful.!!!!

 

a DCA may indeed have the right in law to collect a DEBT ???. HOWEVER a DCA IS NOTHING THEY HAVE NO LEGAL POWERS!!!!!

[dadofholly]

a DCA may indeed have the right in law to collect a DEBT ???. HOWEVER a DCA IS NOTHING THEY HAVE NO LEGAL POWERS!!!!!

 

Agreed - but that is not what was stated - and as such was misleading - and would have left the OP mis-informed

[rhos123]

Agreed - but that is not what was stated - and as such was misleading - and would have left the OP mis-informed

 

really, should not the o/p make up own their minds !

[dadofholly]

really, should not the o/p make up own their minds !

 

With the correct information yes.

 

But would not help the OP to state a law that does not exist - based on inccorrect information.

 

For the record i would suggest the OP takes the advice given by Boo.

[BRIGADIER2JCS]

A DCA can be assigned a debt with the ability to

all and any enforcement action against a debtor

or they are assigned just to collect and if it becomes

necessary to enforce the debt through the courts

the can pass the debt back to the OC to take action,

or the OC will give the DCA authority to claim.

Brig.

[Nishikigoi]

really, should not the o/p make up own their minds !

 

Yes but they must weigh up accurate information

[uaruman]

really, should not the o/p make up own their minds !

 

Can I respectfully suggest you contact Trading Standards in this matter? I am only repeating exactly what they told me. The end product was the simple fact that these individuals never contacted the person concerned again.

 

Whether right (or wrong) as I have stated in my previous postings it worked. I appreciate all the various comments and also the suggestions that have been made in respect of trading standards. However, the priority is to stop anybody, whether at work, or at home, harassing you. You are welcome to try other legislation and (god help you) the police. That road I really wouldn't go down at all. They are akin to indicators on a submarine.

 

Just trundle down to your local nick with your diary if you feel so inclined. I wouldn't !!!