RWay/Horwich Farrelly solicitors chasing wifes old Shop Direct debt

[babybear39]

If you call consumer direct they will pass your info to your local TS.

[Huff&Puff]

You can phone them, but I prefer to do everything in writing, so that there is a proper record. You can use the same letter to both the OFT and TS.

 

Your local council website will most likely have contact details for the local TS office - normal procedure is to write or phone them, and they pas it on to whatever office deals with the company concerned.

[TheLion]

Thankyou very much for the advice. Will send to TS as soon as we get a reply from the OFT.

[babybear39]

The OFT don't handle individual cases but they do collect complaints about DCAs etc.

[TheLion]

Do TS handle individual cases and would you advise contacting the FOS again?

[Sensibly speaking]

Hm. A couple of things immediately spring to mind.

 

You do not seem to be denying your wife spent the money, therefore regardless of any legalities she (morally) owes it. Why are you looking for legal loopholes so she does not repay money she has borrowed (otherwise known as theft to take and not pay for, I believe). If I borrow money, I repay it. I was brought up that way!!

 

If you know the CCA is in her maiden name then ask for it in that name - simple really!

 

If they did not acknowledge receipt of the change of name and continued to write all this time in her maiden name, perhaps they did not receive it?

 

Would you like them to be disclosing your wife's info to other people without checking they are her? Of course not!

 

It is trying to protect her information so why not work with them rather than digging your heels in and refusing.

 

However, the only person's credit history that is going to be ruined by refusing to pay etc is your wife's so I suppose it is up to you if you want to play around rather than simply dealing with it.

[dannyboy660]

However, the only person's credit history that is going to be ruined by refusing to pay etc is your wife's so I suppose it is up to you if you want to play around rather than simply dealing with it.

 

That's it exactly, you've hit the nail on the head.

Although everyone is entitled to their own opinion on how to deal with a DCA pestering, it is ultimately entirely up to the original poster on how they want to deal with it - whether they owe the money or not.

[Huff&Puff]

Here we go with another DCA troll

 

Do TS handle individual cases and would you advise contacting the FOS again?

 

Yes, TS handle individual cases. The OFT take a longer-term approach, but if they receive enough complaints about DCA then they should take action eventually.

[babybear39]

Do as suggested in post #26

[TheLion]

Thanks 'bb' we will phone Consumer Direct tomorrow. As for 'Sensibly Speaking', yes I agree that you have a right to your opinion, however, it would be wise to remember this phrase:

 

"To acuse someone of being wrong, you have to be right all the time"

[TheLion]

Have sent back the consent form that the OFT sent to us. Also posting off virtually the same complaint to TS tomorrow. The phonecalls have started again, we are not speaking to the muppets. Keep getting the same woman, all she says is 'hello, hello, hello, hello...' sounds like a verbal machine gun

[babybear39]

Have sent back the consent form that the OFT sent to us. Also posting off virtually the same complaint to TS tomorrow. The phonecalls have started again, we are not speaking to the muppets. Keep getting the same woman, all she says is 'hello, hello, hello, hello...' sounds like a verbal machine gun

 

Can you record the calls? If so, record her and play her back to herself a few times

[Huff&Puff]

Can you record the calls? If so, record her and play her back to herself a few times

 

 

ROFL, I like that :D

[TheLion]

Sent off complaint to TS yesterday by recorded delivery. Received a letter from RW offering the wife a 'significant discount', if she does not call them they will initiate further action...sounds familiar. Also received two phonecalls, both from the same lady (not the verbal machine gun this time), two minutes apart and on different numbers. Did not speak to her.

[TheLion]

Update:

 

Still getting calls from RW, atleast one per day.

 

Had phonecall from TS and this is how it went:

 

Advised by TS to change our phone number and possibly contact IC with regard to FOS possibly, in my opinion it had to be, passing on the number to RW.

 

Informed by TS that the law has changed in the last two months, obviously referring to the test cases, in that if 'documents' are produced by a creditor then the debt could possibly be enforced.

 

My reply was that, bear in mind that I wasn't expecting this topic to arise and have not read as much as I should have, the cases were only in relation to the obtaining of information, namely the 'composition' of s.77-79 requests in order to prove a debts unenforceability, if not 'complied' with. Stated that in order for RW to enforce it they would have to prove that an original, signed and therefore enforceable agreement exists as s.127(3) is a complete defence.

 

Informed by TS that s.127(3) was repealed in 2006.

 

Replied that this only applies to pre April 2007 agreements.

 

Conclusion:

 

What a waste of time. It is sad when you appear to know more than the people you are complaining to...what hope do you have? I'm just a novice at this stuff, I would hate to think the problems that someone who knows nothing would have...probably be on the phone to RW making deals with regard to the sale of body parts in order to clear the balance.

 

Next step I guess is to change the number then wait out and see what happens.

[TheLion]

Update.

 

Well we changed our number back in March to end the call barrage from RW. All was quiet until today when we received a 'Formal Demand for Payment'. Once again they are requesting full payment within 10 days or they will take court action. They state that their 'client' has authorised them to, strange when they own the debt. So much for the OFT & TS doing anything, seems like they are free to do what they want

[rev.ian]

Times are hard for RobWay

You dont often get help from OFT or TS so give the Robbers the run around all by yourself.

Send letter after letter to them, make things up like you have been told this and that by their client you know the type of thing.

[TheLion]

Update:

 

Wife received another letter from Robingscum's in-house solicitor Horwich Farrelly.

 

Once again in her maiden name; stating that they have been instructed to commence court action... unless she pays in full or contacts them as to why she cannot within the next ten days.

 

Would report it, though after the experience of post 40 we feel that TS & OFT are about as much use a choclate teapot. Any advice?

 

Oh, I managed to get confirmation from the FOS that they do pass on contact details to the company that you are complaining about.

 

Guess that would explain all the phonecalls that we received and that forced us to change our number.

Edited August 31, 2010 by TheLion

[babybear39]

Get your MP and local councillors on board ASAP!

[TheLion]

Thanks BB for the quick reply. Would you mind explaining in what way the services of our local MP/councillors would help in the situation?

[TheLion]

Just compared the last letter to one that was received in December 2009, and they're virtually the same. Guess this must be the work of their threat-o-matic computer again. Oh well, another letter for the growing pile.

[TheLion]

Just received another letter demanding payment.

 

The last conversation that we had with them they stated that the balance is zero and no-one will be chasing for it.

 

I even recorded it.

 

First I phoned RW and recorded it:

 

They state that the alleged account is still owed by my wife.

 

They deny that a CCA request was made in 2009 and that it is unfilled and therefore in default.

 

State that catalogue debts are not bound by the CCA 1974 as they are mail order.

 

I then phoned Kays (Shopdirect) and gave them the account number that RW state on their letters.

 

The lad from Kays stated that there is an account for that number but it does not exist in either my wife's married or maiden (the name that RW are chasing) names.

 

Phoned RW again and managed to speak to the cretin who I last spoke to.

 

Informed him of what Kays had stated and he completely ignored it.

 

He then stated that RW are going to be sending out a compliant CCA in my wife's name along with statements.

 

What a bunch of ignorant a*****s!!!! The only way they can do the above is to fabricate the evidence.

 

Any advice?

[42man]

Yes write them a LETTER BEFORE ACTION, if they continue then sue them for harrassment...

[dx100uk]

sri

 

whats the golden CAG rule????????

 

 

NEVER EVER phone a fleecing DCA

 

they will say ANYTHING to get money out of people

for debts THEY DO NOT OWE!!!!!!!!

 

 

dx

[TheLion]

We have been advised by the local TS to write a complaint to them and warn them under the Protection from Harassment Act 1997. We have also informed RW in the letter that we will be making complaints, once again, to TS and the OFT.

 

42man. How do you press for harassment if they continue to do so when you have warned them?

 

Yeah, sorry dx100uk. I have been really stressed lately, what with ill health and other issues, and I couldn't help myself. They are not going to get a penny.