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

[Brassed off]

Was supposed to be looking at the UK Insolvency Helpline tonight (Sorry Rory 32!!) but have just spent the last hour and a half reading this thread. Better than Corrie:D Definitely subscribing Dave

 

Robinson Way are not my favourites.....but that's another story!!!

 

Brassed Off:) - am subscribing "big style" LOL

[diskmandave]

I've got a big update for this tomorrow!

 

Had response to Official Complaint....!

[Brassed off]

Can't wait

[Darren]

Do you mean tommorow as in about half an hour.

 

I'm not sure if I should stay up and wait, or should I go to bed now and get up early to read it.

[Brassed off]

Stay up and wait - I'm sure you want to

[Curlyben]

Bring it on.

Time to make the DCA's cry like girls, alledgedly

[diskmandave]

Response.....

 

 

 

Comments please?!

 

[Curlyben]

They are having a giraffe !!!

 

Under s189 it's rights AND duties, I beliveve.

 

So the are basically saying we want money, but we don't have to prove to you that we can legally collect on it.

 

Also as the agreement is unenforceable, surely they can't pass information to the CRA's, no CCA no proof of debt.

[diskmandave]

They are having a giraffe !!!

 

Under s189 it's rights AND duties, I beliveve.

 

So the are basically saying we want money, but we don't have to prove to you that we can legally collect on it.

 

Also as the agreement is unenforceable, surely they can't pass information to the CRA's, no CCA no proof of debt.

 

Well, as it's better than Corrie... I thought i'ld better do it now! LOL!

 

Comments please everyone.......

 

Regards, Dave.

[ODC]

What TF. They are talking absolute Sh1te. They want the money that they cant even prove you allegedly owe them. I am sure you will let the FOS charge them £400 for his opinion. You do not need to write to them anymore as they say this is their final word on the matter. Juan Kerrs

[Curlyben]

Oooo look what I found:

http://www.fisa.co.uk/downloads/CCA%201974.pdf

[ODC]

Looks like poor Hayley has a lot of reading to do before she can beat a CAGer

[diskmandave]

78(6) remains the same - curlyben!

 

[Drexl Spivey]

Hayley Felton ..Complaints & compliance manager eh ?

 

An interesting name to drop in my conversation to the telephone oinks that pester me.

 

If I find her phone number , i'll will call everyday right after they have called me, she how she likes it.

[rory32]

If, as it appears they are saying, they are not a creditor for the purposes of the act it therefore follows that you can not be a debtor.

 

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

 

If you follow the logic of their arguement that is.

 

Also their 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.

[ODC]

Are you going to explain it to Hayley , Dave or rely on the Men in Black

[NitrousOxide]

If, as it appears they are saying, they are not a creditor for the purposes of the act it therefore follows that you can not be a debtor.

 

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

 

If you follow the logic of their arguement that is.

 

Also their 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.

Spot on.

[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.

[Curlyben]

Also from CCA

“ 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 I believe CCA74 assignements take precedent over LoP25.

There is a big discussion going on covering this issue.

 

Which ever way you look at it they are tying themselves in knots and confusing themselves completely.

[ODC]

Also from CCA

 

 

As I believe CCA74 assignements take precedent over LoP25.

There is a big discussion going on covering this issue.

 

Which ever way you look at it they are tying themselves in knots and confusing themselves completely.

Nothing new there then,

[tomterm8]

I can't give rory any more reputation, for some reason, but he is sure one smart guy:) LOL.

[ODC]

I can't give rory any more reputation, for some reason, but he is sure one smart guy:) LOL.

 

I agree with you and likewise I cannot give him any more reps. He dosent really care about the reps he just likes helping folks out, and as you say does a great job.

[tomterm8]

I've just used this information in a new letter- a thing of beauty, i must say - http://www.consumeractiongroup.co.uk/forum/cabot/87356-1970-vc-cabot-yes-4.html#post919910 .

[ODC]

I've just used this information in a new letter- a thing of beauty, i must say - http://www.consumeractiongroup.co.uk/forum/cabot/87356-1970-vc-cabot-yes-4.html#post919910 .

That should confuse Hayley and her chums at Robinson NO Way Vexatious Litigant really does have a ring to it doesnt it:D

[diskmandave]

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!