Robinson Way won't provide Notice of Assignment

[teaandtoast]

Robinson Way are chasing me for an old HSBC overdraft (last payment made in 2008) and won't provide me with a Notice of Assignment from either HSBC or previous DCA that I dealt with. I have requested it four times now and they just sent me a letter from themselves. I replied saying it wasn't the correct documentation. They just ignored my comments and said they were satisfied of my liability for the debt and that I should contact them within 14 days to arrange payment.

 

They have as yet still failed to prove they have any legal right to act on this account. My understanding is that they would need an Assignment to pursue this through the courts. Does a CCA letter mean they would have to send me the assignment or this not valid for overdrafts?

 

Any help much appreciated.

Edited November 2, 2011 by teaandtoast

[firstship]

Hi A letter of Assignment only determines who owns the debt,if this is Robinson Way then they need to provide the Assignment.

 

Did the previous DCA own the debt? and Robinson W are just acting for the debt owner.?

 

CCA for a Bank overdraft will not work.

 

You could write to HSBC and ask for a letter of Assignment ,this will then tell you who owns the debt.

 

FS

[teaandtoast]

Previous DCA was 'Central Debt Enforcement Agency' (who I think were part of Metropolitan) acting on behalf of HSBC. Was paying them and to the best of my knowledge the debt was cleared in full according to my payment plan.

 

I requested full statements of account from Robinson and they provided me with a printout from them showing last six months of payments to them. I have repeatedly asked them to confirm from whom and when they took over this debt, as well as a Notice of Assignment, but they will not tell me anything. Surely it is their legal responsibility to provide me with proof that they have a right to act on this debt and to provide me with the NOA as requested?

[firstship]

Hi Yes the Central Debt Enforcement Agency (Worthing) are linked to Metropolitan owned by HSBC

 

I think Robinsonway are just acting for Central Debt E A and that is why you are not getting a Letter of Assignment.

 

Write to HSBC and ask if they have in fact sold the debt,or go for SAR which should produce all the Data regarding this account including a NOA if applicable.

 

I would save the £10 and ask HSBC the direct question.

 

FS

[teaandtoast]

Thanks for this. I knew the SAR was an option but as you say it costs £10. The debt is only £30. I am considering making them an offer of £10 just to p*** off.

 

Will write to HSBC first though. I don't see why I should make it easy on them which is why I am pushing the fact that they should be sending me a NOA or at least telling me when they took over the debt and from whom...

[Martlet]

£30? If you do actually owe it (and I mean you actually used the overdraft, not a legal argument) and can afford it, why don't you send a cheque to HSBC and forget about it as it does seem like a lot of hassle for a relatively small amount.

 

Also this method bypasses Robinson Way.

[BRIGADIER2JCS]

As this is an overdraft and £30 only I would

try the offer of £10.00 in Full and Final Settlement,

but please remember that must agree to the F&F

if you just send the £10, they will allocate it to the

debt then chase for the balance of £20.

 

Brig.

[teaandtoast]

Well, I thought I had paid the full amount off, but Robinson claim otherwise. If I can send the money direct to HSBC and those muppets at Robbers Way won't see a penny then I will do that. I'll write to HSBC first and clarify who owns the debt etc and take it from there...

 

Also, the amount is not really the point, these companies need to realise that they have to operate within the law and consumers have legal rights. They can't just harass people for payment without proving they have a legal right to act on an account, and I think it perfectly reasonable to expect them to do that.

 

Thanks.

Edited November 2, 2011 by teaandtoast

[teaandtoast]

Thanks Brig, I am well aware that I need to get settlement figure in writing first! I think £10 is a very reasonable offer!

[BRIGADIER2JCS]

Good decision.

Brig.

[BRIGADIER2JCS]

More than reasonable IMHO.

Brig.

[Martlet]

As you say, find out if you owe it first.

[BRIGADIER2JCS]

The time & trouble is going to cost far

more the £10.00 especially if a SAR is

required £10 + Recorded post, just not

worth the time or the money.

Brig.