RWay/Horwich Farrelly solicitors chasing wifes old Shop Direct debt

[TheLion]

My wife has been contacted by Robinson, Way & Company Limited with regard to an alleged debt relating to her maiden name.

We know that no CCA exists for this debt and it is pre April 2007 (around 2000/1).

 

We sent them a CCA in request in her married name last week and received in this mornings post the same CCA back,

including the £1 administration fee aswell as a request for my wife to prove her name change.

 

1. Can anyone tell me if my wife needs to prove this to them?

 

2. Does the returning of the CCA make it invalid even if it was sent by recorded post and was signed for?

 

3. In what way does any of the above effect a debt where no CCA exists and is also in the wrong name?

 

Any help please

[WelshMam2009]

The fact that the debt is in our wife's maiden name is irrelevant to be honest.

 

When did she last make a payment or acknowledge the debt?

 

Why are you so adamant that a CCA doesn't exist? Who is the original creditor? If you say Next then I'm inclined to agree!!

 

In this case, I believe what RW have done is correct. That can't issue your wife with a copy of the CCA unless they know that she is one and the same person. However, I presume that they are still corresponding with her in her maiden name??

[TheLion]

They have been contacting her using her maiden name, although she has informed them in the past that this has changed they have chosen to ignore it.

 

We are under the impression the OFT guidelines state that it is the job of a DCA to prove liability, not the other way around.

 

She has made payments on the debt, but after contacting the National Debtline she realised that she has 100% never signed or even seen a CCA, therefore making it unenforceable.

 

As far as we can gather, making blind payments on a debt that unknown to you is an illegal credit agreement does not mean you are liable.

 

If that were the case, 90% of debts would be enforceable no matter what the status of the CCA...

 

The debt relates to ShopDirect.

[postggj]

making payment on a debt acknowledge it and restarts the limitations clock

 

saying that

 

no cca

no debt

[Huff&Puff]

If they haven't sent you the CCA within 14 working days, send the "in dispute" letter, and then just sit back and ignore them until, or if, they do send a valid CCA. It is their responsibility to supply it, and your wife does not need to supply them with anything at all - if they can't send anything that's their problem.

[rev.ian]

True ShopDirect = NO CCA

[TheLion]

Thank you to everyone for all of the great information :grin:

[TheLion]

Bit of an update on the situation:

 

My wife contacted the FOS about Robinson Way not proving liability of the debt.

They said that they would contact RW and ask them to prove that the account belonged to my wife.

 

About a week after this a letter comes from RW stating that they need my wife to confirm that she is the debtor before they can investigate the complaint.

 

We then sent a letter to RW stating that it is their job to prove that my wife is the debtor and not to contact her again until they do so.

 

Things went quite for awile untill..

.RW started phoning us (number is exdirectory so must have been given it by the FOS).

 

We have logged every call and refused to speak to them.

 

The number is only related to her maiden name and they know this if, and I believe they did, get it given to them by the FOS.

 

So far they have called 6 times in 3 days.

 

They are also aware that the account is pre April 2007 and the 12wd + 30 days were up for the CCA request on the 20.10.09.

 

Gonna complain to the OFT I think,

 

any advice?

[silverfox1961]

Hi,

You say that your wife has informed them of her name change. Was this done by phone or letter?

 

As much as I hate to agree with RW. they cannot give out information unless they are sure she is the debtor because of the Data Protection Act.

 

She doesn't have to confirm she is the debtor but if you want to stop them, she would have to confirm the name change (unless she did so by letter) as until they get confirmation, they will keep chasing.

 

You need to get them to stop phoning. Send them this:

 

 

Harassment by telephone - Consumer Wiki

 

BTW, the 30 days no longer exists. it is 12+2 Working days only

[TheLion]

Thanks Silverfox.

She has informed them in the past by letter, I think that they are just being ignorant.

 

I think it's a 'plead stupid' sort of situation, they can't prove she is the debtor in her maiden name or her married name.

They know that it won't make a difference if she did 'once again' inform them of her name change, which as you said, she does not have to.

 

I just find it strange that they can quote the Data Protection Act with regard to not providing a CCA or complaint,

but they seem to overlook it with regard to using a phone number of someone that they have not proven is the debtor, under the OFT guidance.

 

So the offence after 30 days no longer exists, I thought it just got removed with regard to post April 2007 agreements?

You are probably right...i'm still a beginner to this CCA stuff

[ladybird74]

Oh cripes:( Fos had me give them my ex directory number on basis they would not pass it on to abbey, hope they keep their word.

[TheLion]

Oh cripes:( Fos had me give them my ex directory number on basis they would not pass it on to abbey, hope they keep their word.

 

I couldn't say 100% that it was the FOS. Although they were the only ones to be given the number and have contact with RW. As it's exdirectory I think that there is a good chanch that it was passed on, I can't see how RW would have got it anyother way...only a limited amount of direct family have it.

[ScarletPimpernel]

RW have tied themselves in knots.

 

The OFT Guidance on Debt Collection says:

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question

 

Are RW claiming that they were certain of the debtor's identity when they sent their demands, but became uncertain when FOS became involved, or were they just failing to comply with the T&Cs of the consumer credit licence?

[TheLion]

My wife has informed them of her name change several times, although all of their letters have continued to be addressed to her maiden name. They don't seem to want to acknowledge it for some strange reason.

 

I think that they have always been 'certain' that the debt is hers but became 'uncertain' when confronted with a CCA request, whereby they would have to prove it.

 

As for the FOS...well I don't think they have done anything, as the 'prove the name game' started prior to any FOS involvement. All I can say is that they may be responsible for the last 7 (one more this morning) phonecalls we have received in the last 3 days.

 

Overall, I think that they know that there is no CCA, but they hope that through their continued harrasment and blatent disregard of the OFT guidance and Consumer Credit Act they just might make her break...but they are going to be disapointed

[Drexl Spivey]

That is all Robinson Way have in their arsenal . To plague and pester . If you know this in advance , you can prepare yourself for their phone blitzkrieg and turn it around somewhat for an enjoyable DC baiting and manchester chav annoying mission of considerable merriment and satisfaction.

[Chris2121]

They was pretty good when i CCA'd them twice for so called debts they was chasing on my dad they sent the debts straight back hmmmm and not had anything since not even been passed on to another debt collector

[Chris2121]

BTW i sent the CCA by emails for these think if i remember the email address is at the top of the letter saves postage costs and when / if you receive a letter back saying its been returned keep it filed incase they try coming back never destroy it as may need it in future try the email method might work thats how i did it and worked

[TheLion]

Well, the calls stopped on the 15.12.09. Today we received a letter addressed to my wife in her maiden name from Horwich Farrelly solicitors. They state that their client, Robinson Way Limited, are now considering court action. Any ideas with regard to this?

 

Gonna put a copy of this in with the complaint to the OFT for after Xmas. Also noticed that the OFT complaint form seems to be geared towards a 'third party' perspective. Do you have to use this method, or can you just write a complaint letter to them and include details of the situation?

[Huff&Puff]

They "consider" court action quite a lot, but always seem to decide against it

 

Ignore the fools.

[TheLion]

Another letter from HF today. They state that their client, RW, have instructed them to commence legal action, this can only be stopped if my wife contacts their office within the next 10 days either to pay in full or to explain why she cannot.

 

Have also just finished writing a complaint to the OFT which includes all letters from RW & HF and all letters that we have sent to the cretins. Gonna send this off on Monday.

[postggj]

Not Putting A Spanner In The Works

 

Have You Done A Cca Request By Recorded Delivery

 

If So

 

Let Them Bring On A Court Claim

 

Cretins

[TheLion]

CCA request was sent in my wifes married name by recorded delivery in September.

 

It's a long story...but as mentioned in the earlier threads there is no agreement, there never has been, in either my wifes maiden or married name.

 

RW know this, that's why they continue to send mail in my wifes maiden name, they will not discuss anything with her in her married name.

 

They also know that it is their duty to prove it, not hers, but as that involves them having to expend resources with the end result being that they still own an unenforceable debt,

they are not going to.

 

Anyway...will send the complaint off to the OFT tomorrow and see what they have to say.

[Huff&Puff]

Send a complaint to Trading Standards as well. Sometimes that has a fairly immediate effect of making them go away

[babybear39]

My local TS were great in stopping the DCAs chasing me. They called to my house to discuss the matters and took all my correspondance, emails etc. then returned it all that same afternoon.

 

Within 2 days the letters and calls stopped and TS kept them away from me as I'm classified as a vulnerable adult due to severe disabilities. TS liased with them and then updated me

 

After great advice from national debtline, here and CCCS, I decided to go BR and CCCS helped me find a charity to pay the BR fees

 

I was discharged summer 2008 and haven't looked back since though I've stayed around on here to give back the help I was given

 

If you get no joy from your TS contact the local authority ombudsman and your MP.

 

Good luck and best wishes,

 

BB

[TheLion]

Thanks for the advice. Is TS 'Consumer Direct'? Can you phone them to make the complaint or just put it in writing like we are doing for the OFT?