@natwest_help Robinson Way threats on a very old loan , was paying NW

[jojonlp]

Hi,

 

I had a letter a few weeks ago from a company called Robinson Way.

 

I had never had any dealings with them and so just ignored it,

then last week I got another letter informing me that NAT West had passed a debt to them

and I had no prior knowledge of this.

 

recently I had a call from an 0161 number and when I checked this out I found the call was from Robinson Way.

I do have a debt that I have been paying for about 2 years at the most I can afford of £100/month.

 

NAT West had several times tried to put pressure on me to pay the 20k loan back

but I have been unable to recently and that's why I offered the £100 per month.

 

I must admit I have moved around a few times over the last few years (and about to move again incidentally).

 

In the midst of all this I have had no communication with NAT West although I have still been paying the £100 per

month.

 

It obviously looks like the debt has been sold to the Robinson Way DCA,

although I must admit I am only assuming this is the case.

 

So far I have not contacted Robinson Way or Nat West as I am still not in a situation where I can resolve the debt.

 

In light of the fact that Robinson Way will most probably start harassing me,

could I just ask for some advice on what my options are and how much power do these people have, given that I

 

a) dont have any sort of relationship with Robinson Way

b) I have/and still am paying the £100/m to Nat West (Triton).

 

The original debt dates back to around 2007,

when NAT West unsecured a loan I had on my property unfortunately a series of things hit me

that meant I had to leave work and that had the knock on effect of me not being able to honour the agreement/payment.

 

I have no idea if the debt is 'statute barred' or not at this point, I am now looking for any of the old paper work I have for the loan.

 

Many Thanks for any advice and help you can give me on this.

 

Best Regards,

J.

[BRIGADIER2JCS]

Hi, if RW have purchased the account with a payment arrangement in place they are obliged to continue to accept it.

 

This debt Cannot be statute barred, if you have made any payment in the last 6 clear years, there must have been NO payments or written acknowledgment of the debt in 6 clear years (5 in Scotland) for a debt to be statute barred.

 

You now have an account with RW as they have bought the original account with all the rights and obligations of the agreement you signed.

 

All RW can do is ''ask'' you to pay them direct and to increase the level of payment, the former is reasonable the latter you can refuse (see above).

 

You can make a request for RW to produce a copy of the original credit agreement, (CCA REQUEST) there is a £1 fee for this and RW have 12 +2 days to comply, use the template from the CAG library for this.

[dx100uk]

have a check of your CRA file

 

see below

 

does this debt show?

 

you might find it useful to SAR NatWest too

 

see if the debt is going down

 

dx

[jojonlp]

Hi,

 

Thanks for the information so far, I am just trying to establish a way forward in terms of planning the financial future, thing are not great financially but hey ho they could be worse..

 

I have checked my credit report from Experian and I cannot see anything on there from either NAT West or Robinson way?

 

Regarding the CCA Request Brigadier, if/when I take that route what would i be looking for in terms of non compliance from them. I know you said they have 12 + 2 days to respond and I guess that would be the first breach by them but if they did respond what do they have to respond with to prove the debt exists.

 

Regarding what you said about SAR DX what do you mean by 'to see if the loan is going down'?, also how do I find the address to send the SAR to?

 

Many thanks for all of your help on this.

 

J.

[dx100uk]

without a cca no-one can force you to pay

 

ok its not on your cra file [check noddle too!]

 

so its prob been defaulted more than 6yrs ago

and has been taken off, never to show again.

 

i'd get an sar off to nw

lets get the history of the debt

and look for PENALTY charges

or

any PPI/insurance to reclaim.

 

send RW the CCA request

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other {PC print yourname - DO NOT SIGN]

 

.................

 

now just so's you are aware

 

NO DCA has ANY SUCH LEGAL POWERS

 

they are NOT BAILIFFS

 

they can do nowt to you.

NEVER EVER talk on the phone either

 

EVERYTHING IN WRITING only

 

dx

[jojonlp]

National Westminster Bank PLC

Credit management Services

PO Box 16538

Birmingham

B2 2AZ

 

Date: 20th August 2013

 

Re: Request under section 77 of the Consumer Credit Act 1974

 

We return your letter (attached), which we are unable to action due to the following reason:

 

For data protection we require your signature on your correspondence.

 

For further identification required to action your request. Please take your passport or driving license into your

local branch for them to fax a copy to us and then re-send your letter.

 

A valid Sort code and account number for your loan account is required

 

If you wish to contact us here are opening times:

 

Thanks for your assistance in this matter.

 

________End of their letter__________________________

 

 

Now to me, please corrrect me if I am wrong but I wrote to Robinson way, (not Nat West) with the CCA Request and as they only

only have 12 + 2 days, they have not yet responded and therefore their time is running out before they have broken s.77

of the Consumer Credit Act 1974.

 

So does the letter above I have from Nat West satisfy s.77 or indeed give an acceptable reason why they are not able to comply?

(Robinson way that is).

 

What action do you think I should take now if any or should I just wait for the 12+2 days to expire for Robinson way

to comply.

 

Many Thanks,

J.

[jojonlp]

Sorry the beginning of my message above got chopped off for some reason, here is what it said:

 

I have received the following letter today from Nat West regarding the CCA Request that I had sent by mail to Robinson way.

[dx100uk]

if robbersway have passed 12+2 days

 

sent the failure to comply

 

or resent the cca to THEM

 

dx

[jojonlp]

Hi DX,

 

Thanks for the reply, I sent them my letter on the 7th therefore if we have to allow 12 + 2 business working days it will be past that as of Tuesday next week (27th). If its not business working days them they have already broken s.77.

 

Guess my options then would be to

 

a) ignore any more correspondence from either Robinson Way or NAT West

 

b) Wait for RW to contact me by mail and then mail them back the CCA type letter again.

 

I must admit I favour 'a' since other areas of my life need urgent attention right now.

 

Also I am am following the advice from this thread and not signing the letter and as NATWest seem to be saying they don't have the loan information at all and that they require my signature on my paperwork before they can commence, we have a mexican stand-off anyway.

 

Best Regards,

[dx100uk]

let see who writes next

 

dx