Robinson Way CCA Request

[jimmyk83]

Hello,

 

I have a debt from a now closed Lloyds bank account that has been passed to Robinson Way Debt Collectors. I've been reading around the site and used your template to send a CCA request. A week or so later they responded saying they had received my request.

 

I have received no agreement from them and they have since sent two more letters: one threatening a home visit, and another 'friendly' one entitled 'Where have we gone wrong', saying we wil listen to your circumstances, we know how hard it is being in debt etc etc. I think it's a sort of good cop, bad cop thing.

 

Anyway, can someone advise where to go from here, what letter I need to send them now.

 

Any advice is much appreciated

 

James

[dadofholly]

If it was a bank account then it would not be covered by a CCA request.

 

Was it just an account with overdraft facilities or an actual loan?

[jimmyk83]

It was an account with an overdraft. I got stuck in a cycle of bank charges and ended up going way over my limit. Eventually they closed the account.

 

I didn't realise that CCA's didn't apply to bank accounts. I'm not very good with all this type of thing I'm afraid. How can I be sure these people actually own the debt?

[dadofholly]

Do they say they own it - or are just collecting on behalf of Lloyds?

 

If they own it then you should have been sent a Notice of Assignment.

[dadofholly]

If you are sure there are a load of charges included in the outstanding amount you should be able to claim these back.

 

Best bet would be to make an SAR request to Lloyds.

[jimmyk83]

As far as I can tell from the letters I have here, they are collecting on behalf of Lloyds. Their letters contain a reference number, and say amount due to Lloyds TSB. They say that payment must be made to them, however I have read people on this forum say that you should never pay a DCA, always pay the creditor directly. What would you advise?

 

I'm a little confused about this though, as when they wrote back to me from the CCA request they said they had requested the documentation from their client. They also returned my £1 cheque. Does this just mean that they have contacted Lloyds and Lloyds have ignored it because it's a bank account debt?

 

As for the bank charges, I am currently composing an email to the CEO asking for them back. I have written to Lloyds before asking for the charges to be repaid with no success. What are my chances of getting anything back do you think? And yes, I'm certain that a large portion of the debt is from charges. The total amount owed is £4860. I can't remember the exact amount I claimed for when I last wrote to them (it was a while ago), but it was certainly several thousand. At one point I was being charged £90-£120 month after month.

 

Unfortunately I don't have the statements they sent me when I last did a SAR, is there any way to get a list of charges without doing this? It's £10 that I could really do without spending!

 

Your time is much appreciated

[dadofholly]

Did they originaly include them with the SAR?

 

The problem you have is that you do realy need to see what charges they have added to be able to pay them back. Did they reply to your other letters about reclaiming? - and if so what did they say?

 

Here is a link a lot of the site Team use to give info on claiming back charges - could be worth a read for you.

 

http://www.consumerwiki.co.uk/index.php/FAQ

[jimmyk83]

I'm sorry, when you say "Did they originaly include them with the SAR?", what do you mean? A list of charges? If so, then yes they did. However this was a good couple of years ago, and stupidly i've since binned them.

 

They did reply when I wrote to them previously, but again this was a couple of years ago (during the hold for the test case). They gave the standard rebuttal, told me to wait for the court outcome etc. When the court case was over I think they wrote again (can't find that letter either), saying that the charges are fair, you've no case. They did write in the original letter that 'it appears you are in financial hardship', which was true then, and is still the case now. However this is the first time I've attacked from the hardship angle.

 

I've read of some people going straight for the CEO of the company and having success, so I'm going to give that a shot and then go to the Ombudsman if that fails.

 

Ta for the link, looks like some useful stuff in there.