Jump to content


  • Tweets

  • Posts

    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Robinsons Way [HPH2 ltd]- fake payment - old Cap1 debt - help


reverof
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3450 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

After hearing nothing for sometime, noticed

 

I received a letter (attached) for a Statute Barred debt from over 7 years ago from Robinson way saying

"Thank you for your payment, which leaves the balance as stated above.

We have agreed with you to pay your account by installments."

 

This has amazed me as I have not spoken to anyone let alone made ANY payment to them.

 

How do I go about making sure they are not trying to set me up ,

 

do i send the Statute Barred letter to data controller or do I need to adjust it

and add something in to request the alleged payment information (bank account etc)

 

Also noticed at bottom it says its gone to Hoist Group and Robinson Way are managing account ,

maybe Hoist Group have lied and said they agreed/spoke to me ?

 

This is totally fake and I would not/will not ring them ever so wanted to make sure I send the right letter to them.

This cant be legal surely for them to make up an agreement?

 

Thanks again in advance for all your help.

Edited by reverof
Link to post
Share on other sites

  • Replies 78
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Write to them,

do not phone,

ask when and what time the payment was made,

who made the payment,

how the payment was made and

where the payment was made.

 

 

it will be interesting to see what they come back with. send by recorded so that you can see they have received it.

 

if you can upload the letter in pdf format, the image is too small to read.

Link to post
Share on other sites

Thank you for your reply ,

 

Yes I would/have never phoned them as do not trust any of them.

 

 

I can draw up a letter asking those questions ans put the line about not acknowledging the debt

however do you think it would be best to combine with the statute barred letter to data controller,

requesting them to cease action on the SB debt etc ?

 

Kills 2 birds with 1 stone or should I firstly ask about payment details as you said?

 

Thanks again

Link to post
Share on other sites

Thank you , I am attaching another letter came around same-time from Hoist , shows 2 payments made within the same month - who on earth would do that ?!

 

Will get letter sent out and clearly state I do not acknowledge debt and its SB. Plus will include a section on alleged payments made and again state that I am concerned as it is potential fraud.

 

Ill send it to both Robinson and Hoist as on the letters it shows 2 different addresses , Manchester and Jersey in small print at bottom for Hoist.

 

Thanks again for the help will update if/when I hear back.

Link to post
Share on other sites

Letters about SB and proof for rogue payments, have been sent to both Robinson Way and Hoist, have kept record of it all and sent tracked so hopefully they should stop their bogus claims.

 

Will update when/if I hear back and hope if anyone else gets anything like this this thread helps them too.

 

Thanks for all your help

Link to post
Share on other sites

HPH2, hoist & robbers are all the same company

 

 

was this an overseas capital one card?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi Dxt

 

Nope UK card from years ago approx £2k total.

 

Im guessing they have made up a fake claim so they can say I agreed to pay back and then did not .

 

The 2 payments on the Hoist letter I attached 2nd show that I made 2 payments in the same month May 2014 ?

 

Never spoke with them and never made any offers/payments.

 

If I ever have to I would only do it in writing and why on earth would I pay twice in same month

= definatly a total lie, maybe to get me to ring in then they can say I agreed over phone or something.

 

Yeah noticed they have same address at top of letters,

however Hoist have a Jersey address and different company number so sent them both the same letter today

 

Will update when/if I hear back and thanks again for the help

Link to post
Share on other sites

Once statute barred, it cannot become live again even if it was you who made a payment. You cannot claim payments back however, but they cannot 'un' statute bar it.

 

 

Have you checked your bank accounts etc to make sure they haven't taken it somehow ?

Link to post
Share on other sites

Hi Conniff

 

Just checked now just in-case and there is nothing there on those dates they mention on letter 2 form Hoist. Have checked both my accounts and nothing mentioned so its totally made up. Must be a new tactic to get people to call in ?

Link to post
Share on other sites

It's not new, it's usually with just a pound, there are a lot of reports in the forums of them, (and others), trying it on.

 

As it is statute barred, send them the letter saying it is barred and you will not be paying and they must leave you alone.

You don't have to send the letter, but they will probably continue to bug you if you don't.

Edited by Conniff
corrected typo
Link to post
Share on other sites

Thanks for the advice, have sent letters to both addresses saying statue barred ( thanks to BRIGADIER2JCS from 2 years ago who helped with template for SB letter previously)

 

I added in a part saying they need to provide the proof letsgetitsorted mentioned : time, location, method and who made the alleged payments as I have never agreed to repayment plan or made a payment on a debt i do not acknowledge.

 

Thanks again for the help and will update if/when I hear from them

Link to post
Share on other sites

Are you absolutely sure it is statute barred, they may be fishing.

 

I didn't ask because it says 7 years, but it is a very pertinent question also, are you sure these are your accounts ?

Link to post
Share on other sites

  • 2 weeks later...

UPDATE : 28th July

 

Well I have had a response and I am gobsmacked!

 

They say that an "authorized representative" for me made payment to them and therefore the debt is not statue barred !

 

They then say they have attached a statement that shows payments totaling approx £100 and all the lines on the statement say they are "Cash Paid To Us" , all payments are this year and the real obvious lie is that they claim the last payment made was on the 22nd July 2014 - this is the day AFTER they received my Letter

 

I am totally amazed they are trying to say its not statue barred and now lieing totally about payments , no reference numbers nothing just "Cash Paid to US"

 

Any help is appreciated how do I make sure they stop this fraudulent claims ? What letter/action should I take next ?

 

Thanks for any help in advance

Edited by reverof
Link to post
Share on other sites

Write back to Robbers Way...

 

You need to fully pin them down, who was this "Authorised Representative"?

 

If this person is authorised you need to see documentation giving your explicit approval that this person can act on your behalf.

 

You need full copies of all paying in slips so you can hopefully see either a name, dates so that the payments match, at what Bank Branch & Where the paying in location is?

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

Link to post
Share on other sites

Thanks Stigman,

 

There was no representative and why would anyone pay cash? - so basically I just write back telling them to show further proof of payments and who the representative is, where paid in and copies of slips etc ??

 

Or is it best to tell them to go away with a letter stating that I have no representatives and noone is/has ever been authorized to act on my behalf relating to any financial issues ever - also I can highlight the debt is statute barred still (as Conniff mentioned still SB can not be un-statute barred after 6 years) and they should cease activity on it etc

 

Want to make sure I am not saying wrong things as they are very dodgy , still can not believe the cheek - even adding another payment the day AFTER my SB/prove payments letter arrived with them !

Link to post
Share on other sites

Make sure you tell them that you are issuing formal complaints to fos and fca. And that you will be taking legal advice.

 

I bet theyll either try one last attempt at lying or theyll say it was an admin error. If the latter you can call them out on it as theyve made it pretty obvious it isn't an error.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Thanks Stigman,

 

There was no representative and why would anyone pay cash? - so basically I just write back telling them to show further proof of payments and who the representative is, where paid in and copies of slips etc ??

 

Or is it best to tell them to go away with a letter stating that I have no representatives and noone is/has ever been authorized to act on my behalf relating to any financial issues ever - also I can highlight the debt is statute barred still (as Conniff mentioned still SB can not be un-statute barred after 6 years) and they should cease activity on it etc

 

Want to make sure I am not saying wrong things as they are very dodgy , still can not believe the cheek - even adding another payment the day AFTER my SB/prove payments letter arrived with them !

 

 

 

Good morning Rev,

 

 

Responding to your PM.

 

 

RW or Hoist now run by Najib Nathoo ex 1st Credit so it's him who needs tackling here.

 

 

So:

Mr Najib Nathoo,

CEO Hoist Finance

Carolina Way

Quays Reach

Salford

Manchester

M50 2ZY

 

 

Date:

 

 

Ref: Use theirs:

 

 

Re: Formal Complaint:

 

 

Unauthorised Payments:

 

 

Dear Mr Nathoo,

 

 

I refer you to recent correspondence between Robinson Way and myself in regard to Statute Barred Debt allegedly arising from an account with xxxxxx in the sum of £ xxx.xx.

I have enclosed copies of all correspondence for clarity and the avoidance of any misunderstanding.

 

 

Please take note of the following points.

 

 

1. This alleged debt is statute barred and I will not make any payments now or in the future.

2. Robinson Way has claimed that an " Authorised Representative" has made a series of payments in regard to the alleged debt, the last on being made on xx.xx.xxxx.

3. I have not at any time authorised and such payments to be made by any 3rd party and have had no knowledge of the alleged payments until I received Robinsons Way's letter dated xx.xx.xxxx.

4. The alleged payments are totally refuted and are clearly false, any responsibility for the alleged payments is denied.

5. Robinson Way WILL now disclose the identity of the alleged authorised person.

6. Robinson Way WILL now provide me with a copy of the alleged authorisation document which must of course have my signature.

 

 

I require Robinson Way a company for which you are responsible as CEO to respond in full to this complaint. I am aware that a Formal Complaint allows Robinson way 56 days to investigate and respond, but due to the seriousness of this matter a prompt and complete reply is expected.

 

 

I reserve the right to make complaints to all relevant regulatory bodies regarding the conduct of Robinson Way and its fitness to hold a Consumer Credit Licence.

 

 

Add/Amend/Edit as required.

 

 

Send by signed for post, check delivery date:

 

 

Brig.

Edited by caro
  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thank you so much for your help renegade imp and of course brigadier - really really appreciated

 

Amazing advice and I hope anyone else that gets anything like me will be helped by my experiences too

 

Will get this sent off and update here if/when I hear back

Link to post
Share on other sites

Whoever paid in these amounts must have been given a receipt. As the person paying in is your 'authorised' agent, ask for a copy of those receipts.

 

 

Will they say the didn't give receipts.

Link to post
Share on other sites

Do they have a payment counter?

Do you live in the same part of the country as the address on their letter? if not, how far would you have needed to travel to make such a cash payment?

How would you actually pay these "people" cash?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...