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Diskmandave -v- Robinson, Way & Co - The Never Ending Story


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Not heard a dickybird yet, I did email their Manchester/Salford office the other Saturday. I was highly tempted to call in their Mount Street Mcr office on Wednesday morn' but was a bit pushed for time (multi drop driver).

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dear me. they have been collecting on this account for 8 years but dont have a CCA agreement............if you claimed back the payments you have made over 8 years at 8%.....

 

new car dave???

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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can you claim back payements if they cant produce documents? know im thread jacking a bit, but ive got a catalogue who look like they cant produce an agreement, can i get payments back?

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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More rubbish in the post today! Suppose this is their response to Wednesday...!

 

SWScan00030.jpg

 

CCA request is defaulted today, so their payment gets stopped on Monday, bit of a bummer because monthly payment only went out on Wed's, but on reflection by the time they realise they're missing it they'll have simultaneously committed the offence :p

 

Can't wait to get home for the post these days, used to hide their letters in a drawer once upon a time!

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Love the bit next instalment £0.00 netxt due 00/00/00

 

You better send the a cheque dated 00/00/00 in the amount of £ 0.00

 

oursoles

 

Just extending the rope now! If they do anymore i'm going to send them a shovvel too!

 

---------------------------------------

Just 2 more rep's for 2nd green pip!!!

---------------------------------------

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More rubbish in the post today! Suppose this is their response to Wednesday...!

 

SWScan00030.jpg

 

CCA request is defaulted today, so their payment gets stopped on Monday, bit of a bummer because monthly payment only went out on Wed's, but on reflection by the time they realise they're missing it they'll have simultaneously committed the offence :p

 

Can't wait to get home for the post these days, used to hide their letters in a drawer once upon a time!

 

Lol- you're very late with your payment dave- been due since the year dot...:D (I sent you a scales click and you went up to two pips :) )

Just hate every DCA out there

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Indeed! T Y so much! It's so difficult to believe that just 6 months ago I would have hidden in my bedroom at the thought of RW or Wescot etc... calling...

 

And now, thanks to CAG i'm confident enough to take them on 1 2 1 on the 'phone!

 

And moreso, i'm confident enough to be giving advise as well!!!

 

Regards, Dave.

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Advise needed re this lot please Dave.

 

I have started my own thread called Robinson, Way (ex Capital One) and would appreciate your input.

 

I would have sent link to thread but haven't a clue how to do it.

 

Thanks,

 

Tricia.

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can you claim back payements if they cant produce documents? know im thread jacking a bit, but ive got a catalogue who look like they cant produce an agreement, can i get payments back?

 

It's not as simple as it seems. Although they have not produced a CCA, they will have a Deed of Assignment from the original creditor which proved the existence of a debt.

 

Therefore, if you take them to court for non-compliance of a CCA and a refund of all payments made, you will lose because they have a D of A. Although the debt cannot be re-enforced without a CCA, you will be landed with a bill for court costs because you have not proved your case against the DCA either.

 

Of course, you could take them to court on the assumption that they do not/can't locate a D of A... but that seems a huge gamble.

 

Believe me, I have tried to get round this issue in all kinds of ways.... but for now, I have settled for a level of contentment because they can no longer get my money. :lol: . As there is over £2k outstanding on one account... (same creditor) I believe that this balances things up very nicely.

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Advise needed re this lot please Dave.

 

I have started my own thread called Robinson, Way (ex Capital One) and would appreciate your input.

 

I would have sent link to thread but haven't a clue how to do it.

 

Thanks,

 

Tricia.

 

Just go to your thread and copy the FULL URL after you've clicked on your thread.

 

I'll watch out for it! :)

 

Regards, Dave.

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I have an update.....!

 

RW&C have finally admitted they have to comply with my CCA request!

 

A bit of a result considering the bulls**t they give out and what they do with the £1 payment...

 

I'll scan later, but letter seems to suggest that request will go 1 of 2 routes!

Enforceable or Unenforceable...

 

I might add... If it's enforceable, i'll be paying the F&FS to get rid of it!

(Or, I may just try and get a little more knocked off!)

 

But finally, have got acknowledgement of CCA request! You just need to keep chipping away at them!

 

*Will post letter later!*

 

Dave.

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So, they've FINALLY observed the CCA request! Got it today, the day after it goes into default!

 

Here it is, there seems to be a finallity in their response! In as much that it will either be enforceable or it won't...

 

Here's the letter...!

 

SWScan00031.jpg

 

Dave.

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http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/76712-robinson-way-ex-capital.html

 

Hope this is what you meant Dave, I'm still learning my way round these things and must say I appreciate all the snippets you experienced folks have for us newbies.

 

Got some advice from Priority1 who popped in and it seems sound. What says you?

 

Tricia. :)

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http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/76712-robinson-way-ex-capital.html

 

Hope this is what you meant Dave, I'm still learning my way round these things and must say I appreciate all the snippets you experienced folks have for us newbies.

 

Got some advice from Priority1 who popped in and it seems sound. What says you?

 

Tricia. :)

 

I've replied on your thread, i'll watch for updates too :)

 

You've got to keep chipping away with RW&C. Eventually the wall will come down and they'll submit to your request. They just like to play silly games! :confused:

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http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/76712-robinson-way-ex-capital.html

 

Hope this is what you meant Dave, I'm still learning my way round these things and must say I appreciate all the snippets you experienced folks have for us newbies.

 

Got some advice from Priority1 who popped in and it seems sound. What says you?

 

Tricia. :)

 

I might add, if you press them you'll get a 50% reduction to settle in F&FS !

 

Dave...

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I might add, if you press them you'll get a 50% reduction to settle in F&FS !

 

Dave...

On the other hand Dave they may not be able to produce the requested document. Im following this with interest as Im a few steps behind you with this shower

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.... and if they don't produce it, then you pay them nothing until they can.... and get it re-enforced in court. This is why I never write reminder letters. It is in my interests if they cannot locate a CCA.... and if they cannot comply with a legal request, it becomes their problem and not mine.

 

;)

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.... and if they don't produce it, then you pay them nothing until they can.... and get it re-enforced in court. This is why I never write reminder letters. It is in my interests if they cannot locate a CCA.... and if they cannot comply with a legal request, it becomes their problem and not mine.

 

;)

Exactly they say you owe them money. Its up to them to prove it. MAKE THEM

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It's not as simple as it seems. Although they have not produced a CCA, they will have a Deed of Assignment from the original creditor which proved the existence of a debt.

 

Therefore, if you take them to court for non-compliance of a CCA and a refund of all payments made, you will lose because they have a D of A. Although the debt cannot be re-enforced without a CCA, you will be landed with a bill for court costs because you have not proved your case against the DCA either.

 

Of course, you could take them to court on the assumption that they do not/can't locate a D of A... but that seems a huge gamble.

 

Believe me, I have tried to get round this issue in all kinds of ways.... but for now, I have settled for a level of contentment because they can no longer get my money. :lol: . As there is over £2k outstanding on one account... (same creditor) I believe that this balances things up very nicely.

 

 

P1, don't know if you've read janets (moderator) bank charges thread? Like I said at the beginning of this thread, I can afford to play games with this one... If it comes back that they have an acceptable copy of the original agreement, i'll try and get a bit more on the F&FS and pay it. If not i'll start going down the route as if it were bank charges... prelim, lba, etc... We'll never get the better of these ppl if we don't try will we? And then if I can do it...........! A few carefully worded letters with the help of the nice ppl here can't do any harm can it?! I think i've already proved that just by chipping away at RW&C and not giving in to their silly games that they give in in the end and comply with the law! Going back to Janets bank charges thread, that's the end result that i'm going for on this, but rather than the MCOL stage i'll be using TS, CAG, common sense, and the FSA.

 

There is a method in my madness!

 

Regards, Dave.

 

DMD full of the 'flu' :(

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