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Bwdski Vs Robinson Way & Co - Urgent


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I received a letter with the heading "NOTICE OF LEGAL PROCEEDINGS" from Robinson Way & Co on the 12/02/07

 

Letter1.jpg

 

To which I replied on the 14/02/07, asking for a copy of the credit agreement. I incuded a cheque for £1.00 to cover the costs of this.

 

MyLetter.jpg

 

This morning, I received another letter from Robinson Way & Co acknowledging my payment of £1.00 - not for a copy of my credit agreement, but to take off my debt!!

 

Letter2.jpg

 

I have a couple of questions, after reading other people's posts about Robinson Way & Co.

 

1) Does the 12 days they have to supply me with my credit agreement still stand?

2) I sent a cheque to obtain a copy of my credit agreement, they've used it against my debt - are they allowed to do this?

 

and 3rd and most importantly for me...

 

3) What do I do next?

 

Your replies will be greatly appreciated.

 

Lucky me I received one of these nice Notice of Legal proceedings this morning. Im going to ignore it. They say their client is ************ (deliberately left out so as their spies who read this thread get as little knowledge as possible) whom I have never heard of it. I dont think I will CCA them yet. I'll sit tight. From what Ive read here they will have to prove the debt before any court proceeedings. I have a fair idea what its for and if my memory serves me right it will be statute barred very soon.

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Just a little update for any of you who are interested.

I haven't received anything from these still, but they do keep phoning.

 

Should I send a letter to them to only correspond with me in writing?

As it is now, they're calling a few times a day.

 

Any advice appreciated greatly

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I wouldn't bother sending them any letters mate. They know the law, which is why they're seeking desperate measures at this stage.

 

I'm confident that you will receive a letter within 10-20 days informing you that they are no longer pursuing the debt at their offices.

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Just a little update for any of you who are interested.

I haven't received anything from these still, but they do keep phoning.

 

Should I send a letter to them to only correspond with me in writing?

As it is now, they're calling a few times a day.

 

Any advice appreciated greatly

 

I'd send them a harrassment letter to stop the, phoning... http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Other than that, just let them commit offence re the CCA. No need for you to keep reminding them of their 'duties' ..

Just hate every DCA out there

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I#m a bit late reading through this thread and surprised no one has mentioned that sending documents that look like court documents is illegal - contrary to the Administration of Justice Act I think.

 

It will be another rope to hang this company when they default on the reuqest.

 

By the way taking the quid off the balance is usual for debt collectors. The fee is for administration purposes and is theirs to do as they like.

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ADMINISTRATION OF JUSTICE ACT 1970

 

"utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not."

 

I think the only thing they are guilty of there is devising a letter that could hold some similarities to a court document. I doubt there is any offence worth pursuing there though.

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Sniggers@odc

 

If anyone at Robby Way in Sunny Manchester is reading this, then why not give your tired dialing finger a rest and have a look at these videos, the first is one of my personal favourites.

 

YouTube - Mancs get 'rinsed' an Soccer am

 

YouTube - Soccer AM -Mancs=

 

(Mods - it's not smut)

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I had an interesting reply from these people in answer to my CCA request!

 

this was sent on the 21st january! original creditor Kays catologue so there time is just about up now too! after the first 14 days I stopped paying them!

 

this was there reply!

 

"in response to your recent correspondance, we write to advice that you have clearly accepted your liability in regards to this matter as can seen from your payment history. Furthermore we would hope that the fact that you have had the goods to which this balance relates would further clarify your liability in this matter"

 

it still has'nt stopped them chasing me for payment tho with phone calls and letters! :rolleyes:

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Hi, I als received the same letter this morning, but from a different CA saying thank you for my payment £1 towards my debt, you have 7 days to pay the rest in full, when I had sent them the £1 requesting CCA I did however include the words I do not acknowledge this debt. As far as I am concerned if they have not read my letter properly thats there fault.

 

Pen

:x if i have been off any help to you please click my scales

 

cases won

28th July Single Claim for bank charges against LTSB, £6,800 WON with CI to date of Judgement

 

18th July Joint Claime against LTSB £7,800 WON with CI to date of Judgement.

 

 

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  • 2 weeks later...

Oh dear !! They are still trying very hard, aren't they ? Don't worry about the additional calendar month.... the default occurs after 12 working days.

 

I would be inclined to write (rec. delivery) and say something like :

 

Thank you for your letter of xx/xx/xx, entitled "Where have we gone wrong?" In answer to your question, you have defaulted on my request for a signed copy of my Consumer Credit Agreement (Consumer Credit Act, 1974).

 

In order to avoid any further confusion on you part about where you have "gone wrong", I would like to clarify that the above account remains unenforceable until such times as this document can be produced and re-enforced in court. In order to avoid you going "wrong" on future occasions, any further communication from you will be seen as harrassment and reported to the relevant authorities.

 

Furthermore, while this account remains in dispute, no payments will be forthcoming.

 

Yours faithfully,

 

;)

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Would you really send that letter?

 

Or is it best for me to ignore and wait for the 30 days ???

 

I've sent them a letter concerning the amount of phone calls they make and it being harrassment... The calls have stopped now :D

 

Thanks to this sites templates :D

 

 

Yes I would ! :D .... because I get sick of the attitude of these companies.... and it brings out my cheeky side.

 

They have defaulted after 12 working days. Waiting for the extra calendar month takes nothing away from this.... they have already defaulted. They have asked you "Where have we gone wrong?" All you are doing is answering their question with a legal fact : They cannot harass you for payment while the account remains in dispute.

 

:)

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Got this letter from Robinson, Way & Co this morning.

 

RWC4.jpg

 

Although their 12 days to supply me with my CCA Request has passed the 30 days has not.

 

What should I do?

 

I believe that every attempt made to collect this debt (whilst it is in default) is liable for a fine...Remind them of that in your letter also...I think the fine they can receive for attempting to collect a debt whilst in default is £500, perhaps even £1000...

Just hate every DCA out there

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