Robinson Way & Co Advice Req'd

[dollypops]

Hi there,

 

Been helping a friend out who has received a letter from these guys saying he owes NEXT RETAIL money, so i told him to send them the CCA request letter with the £1 fee enclosed, which he did no problems.

 

Two days ago he got a letter through from robinson way saying the following....

 

In response to your recent correspondence please be advised that we are unable to get you a copy agreement as the account is a mail order one would not have been signed. You accepted the agreement when you made your first order as stated in the terms and conditions. Please note copy statements have been requested for you.

 

Whats my next move, because as far as i understand it, they have nothing to prove that the account is his, and in essence this account could belong to any joe bloggs of the same name, surely this is'nt right.

[chopperclaire]

Sorry I can't help here, but am watching with interest. I too was being chased by Robinson Wray re an account with Next, when I asked for the same thing, they sold it onto another Company. I have therefore now asked this other company for the signed agreement - and haven't heard from them for months! Think there may be a loop hole with Next Directory, just wish I knew exactly what it was!

[dollypops]

Sorry I can't help here, but am watching with interest. I too was being chased by Robinson Wray re an account with Next, when I asked for the same thing, they sold it onto another Company. I have therefore now asked this other company for the signed agreement - and haven't heard from them for months! Think there may be a loop hole with Next Directory, just wish I knew exactly what it was!

 

I am probably answering my own question here claire, but as far as i understand it, if they don't have a fully documented and signed CCA agreement then they cannot chase you for this debt as they have no undeniable proof that it is your account, the account could belong to anyone of the same name.

 

I'm just unsure of how to write a strongly worded letter back to them, stating in no uncertain terms what they can go and do.

[debt_mountain]

If the account was signed for electronically on line then it may be different but they would still have to provide an electronic version of the form with evidence that you authorised it.

[djweeble]

If they cannot provide a true copy of the agreement, they cannot enforce it, simple as that.

 

If they try, then their failure to produce is an absolute defence against any action they may take in court.

[dollypops]

I signed up with Littlewoods online but they still sent me a CCA Agreement to sign and return to them, this is why i was thinking that NEXT should be doing along the same lines.

 

I have told him anyway that if their is no CCA agreement then there is no debt, as this debt could basically belong to anyone of the same name, thats the way i see it, and he is adamant he has never had an account with NEXT.