Robinson Way Reply to CCA re 1st Direct Bank OD - Help Please

[Longships]

Sent a CCA request to Robinson Way on 31/10/2016 for an account that they say is due to HPH2 Ltd (Ex HSBC) First Direct? for £6,504.91

 

- reply received today 20/1/2017

 

They have sent copy statements for this account starting July 2005.

 

The last page shows

 

"28DEC07 CR ACCOUNT TRANSFER £6504.91 Balance 0.00"

without saying anything about where this account was transferred to

- the next entry is ACCOUNT CLOSED 31 Dec 2007.

 

The letter from Robinson Way states they want payment proposals within 30 days or they will "resume collection activity"

 

What should be my next steps please?

[renegadeimp]

CCA has to have specific things to be compliant. What exactly have they sent you?

[Longships]

They have sent copies of monthly statements from First Direct

(I think - no header details just printed copies)

together with a letter that says:

 

"Further to your recent CCA request for the above account,

please be advised that as this is an overdraft account,

there is no legal requirement for you to sign an agreement to open this type of account.

 

 

The account is therefore exempt from part V of the Consumer Credit Act and you will not be provided with an agreement.

 

We have therefore returned your £1.00 fee, which you will receive under separate cover, and have enclosed for you a copy of your statements.

 

Please contact us with your proposals for the payment of this account within the next 30 days. If we do not receive a response from you within this time collections activity will resume on the account."

 

They also enclosed a financial statement form.

[AndyOrch]

You cant use a CCA request for Overdrafts.

 

Andy

[Longships]

So they said - I didn't know it was an overdraft - thought it was a personal loan or credit card - so what should I do next.

[dx100uk]

I would suggest that this is probably the old 1st direct [HSBC] Managed loan debacle.

 

what hsbc used to do was merge old debts to a refinanced loan call a 'managed loan'.

thus the OD bal show £0 TRANSFER £6504.91

that the customer typically knew nothing about

 

then when they failed to pay the loan transfer it back into the OD or as an OD on another account

seems like the last part couldn't happen as they closed the OD account

 

but

robbersway seem to have statements to prove they did.??

if you look at them, you'll probably see what ive described going on?

 

SAR to 1st direct time me thinks.

 

so when was the last payment by YOU on the statements?

[Longships]

Last payment shown is 24JUL07 £300.00 apart from for some reason a £1 payment on 26NOV07

 

As I said there is showing a transfer of the account then a zero balance and account closed at the end of December 2007, but no indication of any other account number or where it was transferred to - is this what you are describing do you think?

 

Thinking back the £1 payment may have been from when we first consulted CCCS and were advised to send an explanatory letter and a token payment to all our creditors.

[AndyOrch]

Well its well Statute Barred what ever it is:wink:

[dx100uk]

:lol:

 

oh robbersway...shoot yourself in the foot or what....

 

dx

[Longships]

So how do I proceed?

I don't feel inclined to contact 1st Direct as they haven't contacted me.

 

 

What Robinson Way are chasing is an account that was closed with a zero balance over 9 years ago - but I would like the letters to stop.

[AndyOrch]

You dont proceed...ignore them...they will soon give up

[Longships]

OK Thanks everyone - I'll just leave it and see what happens

[dx100uk]

can I ask why did you send the CCA?

were they chasing?

 

 

dx

[Longships]

Yes - started getting letters chasing with very little detail just an amount and HSBC reference - so I didn't know what it was for.

[ericsbrother]

If the debt was sold on at the time the account shows as closed then Robbers should have sent copies of the letter of assignment to the debt buyer and annual statements issued by whoever the new creditor (hoist) is from that date until now.

 

As they havent and you dont mention paying anything since 2007 then Hoist and Robbers are out of luck on this one.

 

 

If you have been servicing this debt then tell us when you last paid them anything.

[dx100uk]

were they threatening court in their threat-o-grams?

 

 

dx

[Longships]

No court threats just general demands.

[Longships]

No ericsbrother nothing paid since 2007 and as for statements we lived in a caravan for several years (when the debts got too much) and had no fixed address.

[dx100uk]

yea that's what I was wondering

and you fell for them.

 

 

they obviously know the debt was statute barred and thus should not threaten court

under England & wales SB rules

the debt actually still exists

they can ask you for payment

you can equally ask them to go away.

 

 

but better to ignore.

you fell for it

entered into letter tennis

they think they've found a mug.

but no the letters wont stop. now.

 

 

you could send the SB letter with regard to FCA conc rules:

whereby once a fleecer is told a debt is SB'd they should cease all comms.

 

 

dx

[Bazooka Boo]

Id leave them, let them dig their own grave, see if they can trip themselves up in the process.

 

Have fun ignoring them.......just keep an eye on your credit files, just in case they get proper lazy!