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

[ODC]

Wow! This has exploded overnight, like that advert that's on telly at the moment where the clothes explode around the room! Really only put the letter up last night as it appeared some ppl didn't really want to wait until today. (Had too much to drink and wanted to go to bed!)

 

So I figure i've 2 options now really... One would be to go down the FOS route for which I could be ruled against, or Two make 1 final approach to the compliance address offering monies paid to date as FaFS with the account to be marked down to a zero balance and removal of any entry/s at CRA's.

 

I can't give any more rep's to Rory either! Have tried!

 

Gotta go out for the rest of the day now, but will deal with this fully tonight...

 

And as usual, thanks for the support everyone!

 

You really should write to Hayley thanking her for all her help in sinking Clownells

[tomterm8]

Wow! This has exploded overnight, like that advert that's on telly at the moment where the clothes explode around the room! Really only put the letter up last night as it appeared some ppl didn't really want to wait until today. (Had too much to drink and wanted to go to bed!)

 

So I figure i've 2 options now really... One would be to go down the FOS route for which I could be ruled against, or Two make 1 final approach to the compliance address offering monies paid to date as FaFS with the account to be marked down to a zero balance and removal of any entry/s at CRA's.

 

You would need to write this very carefully, otherwise it would not be valid. It would need to be written as a waiver, not as a contract - i.e. as a waiver of the right to take legal action by both parties in respect of breaches by the other and an agreed termination of contract.

[diskmandave]

Thanks Tom, that's kinda what I was thinking...

 

Just to explain a bit better b4 I go out:

 

Propose;

All monies paid to date to be taken as FaFS.

Account to be marked down to a zero balance.

Any CRA activity to be removed and ceased.

The agreement to be confirmed in writing.

 

In return;

DMD will withdraw complaints made to Manchester and Salford Trading Standards, for continually pursuing collection action whilst in dispute and secondly, for committing the summary offence in Section 78 of the CCA 1974.

DMD will not pursue the matter further with the FOS which may or may not have a cost of £400 to RW&C.

 

 

Cheers again everyone!

[Curlyben]

Certainly sounds like a good plan there DMD.

After all they have more than likely been making a profit out of you for quite a while akready.

[rory32]

Dave I haven't read through your entire thread - just skimmed through some of it. Was any document purported to be the credit agreement ever sent to you?

 

If not, and you believe no credit agreement exists, in your "in return" bit you may wish to include that you will not report the OC to The Financial Crime Branch of HM Treasury (they have failed to keep records in line with the current regulations) & the FSA (they have failed to keep records in line with the reulations laid down in the FSA Handbook).

 

As a creditor would you really want to do business with a DCA who was willing to allow this to happen?

 

I like to spread the sh*t around

[Curlyben]

Also aren't these "people" a meber of the CSA ?

Maybe worth approaching them as well.

[rory32]

Also aren't these "people" a meber of the CSA ?

 

Child Support Agency?? Only kidding.

 

The problem with the CSA is it seems like a bit of an old boys club which has been set up to protect its members.

[Curlyben]

Well it's another name to add to the list

[ODC]

Child Support Agency?? .

Dont get me started about that bunch of w anchors

[diskmandave]

OK! Here we go....!

 

This is going on Tuesday to RW&C...

 

Comments please?! Big thanks to Rory & Tom!

 

Mr David xxxxxxx,

xx xxxxx xxxx,

Ashton Under Lyne,

Lanc's,

OLx xxx.

 

Robinson, Way & Company Limited,

London Scottish House,

Quays Reach,

Carolina Way,

Salford,

M50 2ZY.

 

Your reference: xxxxxxxXx

 

Xxth June 2007

 

Dear Sir/madam,

 

I refer to your letter dated 13th June 2007. Whilst I appreciate that you have clearly marked

this letter as your final response to my complaint, it is my intention to resolve this matter

ammicably and without the need to resort to either legal action by either party or the making

of a complaint to the Financial Ombudsman Service which would maybe incur an investigation

fee of £400.00 on your part regardless of the outcome of such an investigation.

 

If I may, I will address your comments in the order that they are set out.

 

1) You are stating that you are not a creditor for the purpose of the Consumer Credit Act 1974.

Therefore, it follows that, should you not be a creditor that I can't be a debtor.

"189(1) "debtor" means the individual receiving credit under a consumer credit agreement."

This is following the logic of your own arguement.

2) Also your arguement is further flawed by the statement legal assignee under section 136 of

The Law of Property Act 1925. To be a legal assignee the assignment would have to be

absolute whereby the rights and duties pass to the assignee.

3) It is my belief that the Consumer Credit Act 1974 takes precedent over the Law of Property

Act 1925. Thus; Consumer Credit Act 1974 s.189(1)--

“creditor “ means the person providing credit under a consumer credit agreement or

the person to whom his rights and duties under the agreement have passed by

assignment or operation of law, and in relation to a prospective consumer credit

agreement, includes the prospective creditor. As you should be fully aware, an assignment

under s.136 of The Law of Property Act 1925 MUST be an absolute assignment granting the

assignee all rights and obligations. I quote from the appropriate section "(1) Any absolute

assignment by writing under the hand of the assignor..."

4) By your own veilled admission there has been a failure under the Consumer Credit Act by

both Robinson, Way and Company Ltd and HFC Bank rendering this account unenforceable.

Therefore I do not admit or deny that any monies are owing, unless you should wish to put

before a court of law any such strict proof.

 

Before approaching the Financial Ombudsman Service, I am prepared to put forward a final

attempt of resolution of this matter to both of our satisfactions.

 

I would propose that:

All monies paid to date to be taken as Full and Final Settlement;

The account would be then marked down to show a zero balance;

Any Credit Reference Agency activity would be removed and ceased forthwith at once;

This agreement must be confirmed in writing;

This agreement would be a waiver of rights binding on both parties, in as much that

neither party could at any time take legal action against the other, for any reason.

 

In return, as an agreed contract I would accept the following;

I will withdraw complaints made to Manchester and Salford Trading Standards, for

continually pursuing collection action whilst in dispute and secondly, for committing the

summary offence in Section 78 of the CCA 1974.

I will not pursue the matter further with the FOS which may or may not have a cost of £400

to RW&C.

I will not report both the original creditor and RW&C to The Financial Crime Branch of HM

Treasury (as they have both failed to keep records in line with the current regulations).

 

 

I look forward to your reply to attempt to resolve this matter amicably.

 

 

 

Yours faithfully,

 

 

 

 

David XXXXX.

[Curlyben]

Nice one Dave.

This should tighten their bottoms somewhat

[dom2]

Brilliant letter!

Don't mean to go off subject but could you please clarify a point which may be of use to me.

As you should be fully aware, an assignment

under s.136 of The Law of Property Act 1925 MUST be an absolute assignment granting the

assignee all rights and obligations. I quote from the appropriate section "(1) Any absolute

assignment by writing under the hand of the assignor..."

Could you PLEASE give me a link for the contents of the act?

Ta.

[Curlyben]

Some more for you all:

Law of Property Act 1925

 

Legal assignments of things in action.- (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

(a)

the legal right to such debt or thing in action;

(b)

all legal and other remedies for the same; and

©

the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice-

(a)

that the assignment is disputed by the assignor or any person claiming under him; or

(b)

of any other opposing or conflicting claims to such debt or thing in action;

he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.

 

My Post earlier #243

[dom2]

Hi,

Thanks for the link:)

[ajjars]

My word Dave!

 

I cannot believe that this is still on going with you ...... these Idiots surely have no right to process your data therefore they HAVE to remove their entries from your credit files. I was paying them money each month to a debt I later found out they did not have the original agreement for. They claimed that they were entitled to pursue me as I had "admitted the debt by making payments". After a few letters to them they removed their default and all of their entries from my credit file. I also wrote to the CRA's and told them that Robberson way were processing my data without authority. I did have to push for them to remove the data and threaten them with all sorts ..... but they finally did it.

 

I must admit its been a while since I read your thread from the start, but I think (I hope!) I've got the gist of it right?? If not I apologise ...... If I have got it totally wrong at least this might be of help to others!!

 

Good luck! Ajjars.

[diskmandave]

Well, it's been going on for 14 weeks now! It's with Mcr Trading Standards and at the FOS stage! And for what's become a highly disputed matter, get home today to find another begging letter in a blue stripey envelope.... Thinks it's another last, final, one more chance, we're right you're wrong final demand (that's both not a court document and apparently still valid even though I just can't be ar*ed opening the damned thing and reading it!). Well that about sums up how i've been feeling this last week.... Must get my head together this week, a lot of personal stuff out of the way and all that......... Must bring everything back up to date and release the old cheeky Dave who's been hiding away!

[clutchingatstraws]

Can't wait hope the claws are sharp.

 

All the best Cas

[Drexl Spivey]

I got my ref number from manchester TS today too, regarding robbingscum way . But im not going to rush in too quick to complain, I don't think I need to give them enough rope, the way they work they will be reeling it in all by themselves.

[ODC]

Robbingscum No Way are sinking slowly into the doo doo. The more complaints FOS get about them the merrier

[Brassed off]

Diskmandave - Chin up mate - am rooting for you:D .

 

OH used to work for Sunlight so I know what sort of a job it is;) . Am also from north west so we've got something else in common LOL

Don't let the b*****ds get you down !!

 

Love the thread - will be able to post something about Rob Way soon myself.

 

Open the letter - what have you got to lose?

 

You have masses of support

[Curlyben]

Time to kick ass there Dave.

Remember CAG is watching

[ODC]

Put it back in the post. Return to Sender. JUNK MAIL

[babybear39]

Good luck Dave

 

Nice one ODC

 

BB

[Drexl Spivey]

The day after I request a complaints form and their phone calls stop.

This is the first day in 2 weeks I haven't had them call , hopefully normal service is resumed shortly . Missing my annoy a robberscum caller fix already

[ODC]

They know they are in trouble now. They cannot fail to realise that people have wised up to their tactics and are not afraid to challenge them and complain bitterly when they are proved to be purveyors of falsehoods. They cannot fail to realise that they are under scrutiny now from the regulatory authorities.