Robbers Way trying again! Cap1 debt

[hairygrape]

Although, I can't find the original post on here, you people have helped me previously with a problem I had with Robbers Way.

They've now written to me and it looks like I've got to start from the beginning again.

 

Despite claiming originally that they were acting on behalf of a client,

they wrote to me that they had purchased the credit card debt owed to Capital One.

 

They were asked to provide a copy of the agreement via a library template, which took them over two years to provide.

 

I, in turn sent them an account in dispute letter from the library.

I eventually received a mass of damp documents which were incomplete

and did not contain all the documents necessary to prove their right to collect.

 

In subsequent months, they wrote to me to say a doorstep collector would call and indeed, he did. I sent him off with a flea in his ear.

 

Two months later, I had a letter stating I had set up a monthly payment agreement via this man and they told me I was late with the payment!

I did not contact RW and the parasites seemed to back off.

 

I've now received a letter from Dryden Fairfax stating that I need to contact Robbers Way within 10 days or else!

There's no acknowledgement of any previous correspondence with me so it looks like Robbers Way wants to start from the beginning again

via their pet in-house solicitors!

 

I'm inclined to play them at their same game by once again asking for the a copy of the original credit agreement.

 

Could you give me any further advice please?

 

Thank you.

[hairygrape]

Incidentally, on reading the letter from Dryden Fairfax it begins "We have been instructed by our client's agent, Robinson Way, in relation to the above outstanding debt"

 

Bearing in mind that Robinson Way have admitted owning the debt, it's an odd and mendacious way of starting a letter!

 

To my mind, they can get stuffed on this alone.

[Desperate Daniella]

Hi,

 

When did you take the card out, and when did you make the last payment?

 

DD

[hairygrape]

Card taken out in mid-nineties. Last payment made to Robbers Way around 3-4 years ago. Thanks Daniella.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?393437-Westcott-chasing-late-90-s-credit-card-debt-already-being-paid

 

This is the other thread you have, is it connection with this ?

[Desperate Daniella]

Card taken out in mid-nineties. Last payment made to Robbers Way around 3-4 years ago. Thanks Daniella.

 

Then there almost certainly won't be an enforceable agreement. I have never seen one in more than five years here.

 

Running out now but will have a look through your other thread and come back a bit later to help you with a nice letter.

 

DD

[hairygrape]

I've checked the dates again Daniella and the card was taken out in January 1999 with last payment to Robbers Way in May 2011.

 

CitizenB, no that was a different debt.

 

Oddly enough, Lloyds have recently passed that particular debt to Robbers Way after it working through other debt collectors including Westcott.

 

Lloyds wrote to me after I sent a CCA Request to Westcott stating that they could not produce the documents.

 

Yet, Robbers Way have sent me a letter from their Salford office enclosing a Lloyds headed letter

asking me to comply with RW as they were dealing with the debt.

 

I had no idea RW and Lloyds shared premises!!!

[Desperate Daniella]

There's no way that will be enforceable but you have three years until SB.

 

Start by sending a simple letter asking for a copy of your alleged credit agreement relating to this account. Just that for now.

 

If the other thread has nothing to do this one, then as they are starting again for this Capital One account I think you should do the same.

 

Also write to Dryden and say that you have never received a copy of the alleged credit agreement from RW, that you have again written to them asking for a copy, and you trust that they will take no further action until the requested agreement has been supplied.

 

DD

[hairygrape]

Thanks Daniella, I'll do that.

[Desperate Daniella]

I'm sure they will send the usual rubbish, but one step at a time.

[hairygrape]

Before sending off the letter,

 

I've taken a look back through the correspondence received from Robbers Way.

 

One letter I have from their "compliance manager" states that as far as she is concerned,

RW sent me all the stuff needed to comply with the CCA request (they did not)

and were not prepared to enter into "further interminable correspondence" with me and wanted me to pay up or else.

 

They backed off shortly after receiving no reply to this correspondence

- I had after all, complied with their request!

 

It just seems to me it would be all too easy for RW now to repeat the gist of this letter with the same threat.

 

I'll still post the letter as you suggest but I'm just trying to think ahead of these parasites!

 

Thanks again

[Desperate Daniella]

They probably did send enough to comply with a request under Sections 77/88 of the Consumer Credit Act 1974, but that is not what we are going to be asking them for as our correspondence continues.

 

You could amend the letter to say that despite numerous requests made in 200 ? they failed to send you a copy of the alleged credit agreement relating to this account and you are once again asking them to supply it. Don't mention Sections 77/78.

 

As far as not being prepared to enter into "further interminable correspondence" is concerned they always say this when they have no answers. Unfortunately for many of the DCAs I have encountered I like entering into correspondence with them!

 

I wasn't dealing with RW but with Lowell over a Capital One account they had bought. After three years of "interminable" correspondence they decided to make "a commercial decision" to write it off and it was a five figure sum. They did say they didn't agree with the points I was making, but frankly who cares about that?

 

DD