Robinson Way Ltd - Summons Received credit card with Sainsburys

[dontletthemgrindyoudown]

Help/advice required please.

 

Some years ago, i had a credit card with Sainsburys which fell into arrears and a notice of default was served.

 

I then received notification of the transfer to Robinson way who took an aggressive approach.

 

In september 2007 I wrote, asking for a copy of the credit agreement, enclosing my £1.00 payment

and 14 days later received a reply stating that this could not be traced and returning my £1.00

 

In 2008 I received a number of harrassing and threatening calls at my place of work which stopped when I referred the matter to trading standards.

 

On the 1st of July 2012,

 

I received a copy of a document which alleges to be my credit agreement (which i had been advised in 2007 could not be found)

and one week later a summons, via the Northampton County Court, in respect of the alleged debt (now over £7k with interest and costs).

 

How should i deal with this matter?

Does the failure to provide a CCA within the required time make the debt unenforceable and what steps should i take re the summons?

 

thank you for reading this, hopefully you can help.

Regards

Edited July 17, 2012 by citizenB
spacing

[ims21]

Hi

 

When was the last time you made a payment to the account or acknowledged the debt in writing?

 

I'll move you to Legal Issues in view of the fact that court papers have been issued

[ims21]

Thread moved and title changed slightly

[dontletthemgrindyoudown]

thanks, last payment made about 4 years ago.

[ims21]

Oh so not Statutory Barred then.

 

Have you got the statements of account and are there any unlawful charges that you can claim back?

 

Who is the claimant on the court forms?

 

The legal guys will be along to help as soon as they are available.

 

ims

[dontletthemgrindyoudown]

they have sent me what appears to be statements

but i havent gone through them to examine if they are incorrect or if any additional charges have been passed.

 

The papers have been prepared by solicitors for robinson way ltd, Horwich farrelley.

 

Thanks

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?358374-Advice-Please-Robinson-Way-Court-Papers-Received

 

This is the 2nd one of these I have seen today.

 

Can you please let us know the date of issue of the claim - top right hand side of the form.

 

Can you also please let us know exactly what the Particulars of Claim say... The reason they are issuing the claim.

[dontletthemgrindyoudown]

Thank you all...

 

Claimant : Robinson Way Limited (Assignees of Sainsburys) R/O London Scottish House, Quays Reach, Carolina Way, Salford M50 2ZY.

 

The issue date is 6th July 2012

 

Full Particulars of claim :

 

The claimant is the assignee of a debt(s).

Notice of assignment was provided to the defendant by the claimant in writing .

Despite demand for payment the assigned debt remains due.

The claimant complied with section 111 and 1V and annex B of and the claimant claims

(1) the sum of xxx interest pursuant to S69 of the county court act 1984 at the rate of 8.00% from 18/8/07

to date hereof 1769 days is the sum of xxx future interest accruing at the daily rate of xxx costs.

 

 

I hope this helps.

Incidentally, i do not agree the sum claimed when comparing to the statements produced, albeit by £5.00.

 

 

Thanks for your help.

[citizenB]

Right, in their PoC they claim to have complied with III and IV of Annexe B of the Pre action protocol. Link below to that section - have they complied ?

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#IDAIRB2

 

Their claim is very vague and you might get away with asking them to replead their claim.

[citizenB]

Your time frame is as follows :

 

Issue dated 06.07.2012 + 5 for receipt = 11.07.2012 + 14 to acknowledge service = 25.07.2012 + 14 to submit defence if you are going to defend = 08.08.2012

 

Only you can decide if you want to defend the claim. What reason would you be defending on.

 

Have you received a Default Notice - did it give you the mandatory time set out by Parliament to remedy the breach .. a minimum of 14 days and was sufficient time allowed for posting to you.

 

eg.. they cant date a Default Notice 1st June and say it needs to be paid by the 14th.

[citizenB]

legal issues-compilation.pdf

 

Some information in pdf attached.

 

Thing is, they havent mentioned documents in the PoC so I think there is little you can ask for by way of CPR31.14.

 

I will send S.O.S out for you.

[dontletthemgrindyoudown]

thank you.

Given that i asked for a copy pf the credit agreement and then received a letter stating it couldnt be found, can i defend on the basis that the document now produced is out of time?...this in addition to any other defence you suggest.

[dontletthemgrindyoudown]

Citizen B

no, they have not complied with this.

How should I plead this matter?

Thanks

[citizenB]

thank you.

Given that i asked for a copy pf the credit agreement and then received a letter stating it couldnt be found, can i defend on the basis that the document now produced is out of time?...this in addition to any other defence you suggest.

 

Sadly no, there are no sanctions now for not complying within the 12 + 2 days. It used to be that they were committing a criminal offence by not doing so. But when Parliament tinkered around with regulations, the dropped that. Not that any creditor was every taken to task for not complying previously.. the reason presumably was because so many of them have either destroyed or lost the original documents.

 

This is very unfair on the consumer because the CCA1974 was put in place to protect the consumer.. and it has been proved time and time again that quite a few agreements were just not fit for purpose.

 

So.. all you can do is try to find as much fault with the agreement / document that you have. If the prescribed terms arent present or it was never signed or if it is a reconstruction that simply could not be anywhere near what was signed, for instance.

 

If you didnt receive a default notice or if that was drastically faulty then that puts a stop on any further action.

 

The devil is in the detail.

[citizenB]

Citizen B

no, they have not complied with this.

How should I plead this matter?

Thanks

 

 

I am rustling up some assistance for you. It is likely that the person I am stalking on your behalf might not be able to visit your thread until tomorrow.

[dontletthemgrindyoudown]

thank you

[citizenB]

Ok, in the absence of a fully pleaded claim, you have no option but to force them to replead and provide some information for you.

 

If it were me, I would be submitting something along the lines of..

 

 

 

The Defendant takes issue with the Claimants pleadings. The Claim is a Bulk Centre claim, however, the rules on pleading apply even to the Bulk Centre and furthermore the Bulk Centre rules and guidelines state that if you cannot properly particularise the claim in 1024 characters then you should not use the Bulk Centre to issue the claim. The Claimants pleadings amount to circa 472 characters, leaving at least 552 characters available for the Claimant to plead adequately. The Defendant is embarrassed by the Claim, which faces him.

 

I am advised that the Pre Action Protocol Practice Direction requires a party to serve a letter of claim which allows the proposed Defendant sufficient information to answer the letter of claim. This has not happened.

 

No document supporting the Claimants case or statement of account showing how the Claimant has arrived at the sum being claimed has been provided.

 

Therefore, it is denied that any liability is owed to the Claimant.

 

HTH

[riolto10]

how do you know last payment was four years ago when you requested cca in 2007 have you made payments to Robinson way and if not are you sure its not statute barred ?

[dontletthemgrindyoudown]

chronology

27 March 07 last payment made £5.00 to robinson way acting on behalf of sainsburys

26 April 07 Sainsburys write to say considering selling debt

24 July 07 Robinson way write to say debt purchaed

4 Sept 07 wrote requesting CCA

12 Sept Robinson way acknwledge receipt of payment made on 27th March 07. This reduces balance to level in claim.

[citizenB]

If the last payment made was March 2007 is just over 5 years. I dont suppose you are in Scotland are you ?

[dontletthemgrindyoudown]

No, im based in England.

Thanks for your help.

[dontletthemgrindyoudown]

no, I live in England.

[citizenB]

no, I live in England.

 

Hmph.. statute barred is only 5 years in Scotland.. pity

 

The only thing I can suggest you do, if you intend to defend the claim is to use the defence popped up in post 17.

 

Force them to replead their case an provided you with documentary evidence of their claim.

[dontletthemgrindyoudown]

thank you...the following now received from Horwich Farrelly...

 

we confirm the Practice Direction 7C- Production Centre sets out the Code of Practise for using the Bulk Centre.

You are incorrect that a claimant cannot use the Bulk centre. Paragraph 1.4 (4) states "The requirement in paragraph 7.3 of Practice direction 16 for documents to be attached to the particulars of contract claims does not apply to claims issued by the centre...."

We note however you are aware that this claim relates to a credit card number...provided to you by Sainsbury's. The balance of £.... was assigned to our client on 14th November 2007.

 

We enclose herewith :-

1. signed sainsbury's bank classic visa credit card agreement regulated by the consumer credit act 1974 between yourseves and sainsbury's bank.

2. statements of account until 14 August 2007 stating the balance was £(£10 less than the sum claimed).

 

We therefore look forward to hearing from you with your admission of the claim. We enclose form N9A for your completion and return. This will avoid incurring further legal feeswhich, if successful, our client will be looking to recover from you.

 

Thoughts as to how to respond anyone? Thank you.

[dontletthemgrindyoudown]

update..

 

..the northampton court suggested mediation.

 

I indicated i was willing for a mediation hearing and advised sols for the claimant.

 

I heard nothing.

 

I also sent details of my debts to the claimaints solicitors...heard nothing.

 

The Northampton court then indicated they were transferring the matter to my local court..

 

Ive now received a leter from the new court saying that they have reviewed the papers.

..they dont believe there is a defence,

and that they have given the claimant judgment.

 

Help please..

.what do i do now?

Thanks