Robinson Way have me in a panic - help please!

[Princess1967]

Hello All!

 

Robinson Way phoned me Thursday at 8:15am out of the blue saying I owed them £252.01 and wanted it paid within 7 days or else blah blah! I've never heard of them before. However, in April 2004 Express Debt Collecting Service sent me a letter saying same, I phoned them and said I didn't owe them money, man said he'd dig into it and get back - never did!

 

On Friday at 6:20pm, the phone rang, I answered and an automated message told me I had received a call from Robinson Way and left a number to contact them. I didn't!

 

Today, I got a letter from Express Debt Collecting Service (them again??!!) saying I owed Robinson Way the same amount of money. I also got another phone call from Robinson Way, but now letting all my calls go onto answering machine so they don't register as a 'contact made'. I feel this is unfair when it's an automated message, therefore no discussion!

 

Problem is, what do I do now? I'm frightened to answer my phone, and when the door goes my heart misses a beat!

 

I did ask the female who called early on Thursday morning to send me paperwork about all this but she said no! Also said she had spent enough time discussing this with me, 7 mins she said!!

 

Help please, what can I do? I have the money to pay them off and get them off my back - but why should I?

[Curlyben]

Right first off take a nice deep breath and calm down.

 

You are perfectly correct in NOT answering the phone to them, after all it's your phone and YOU choose who you talk to.

 

They WONT send anyone round to collect this debt a they have to have your permission to do so.

 

So we can help better could we olease have somemore information about this "debt" they are chasing.

Is it for a loan, bank account, credit card, or anything else.

This is important information that is need to help you proceed correctly.

 

Fill us in, we don't bite, often

[rory32]

First of all don't pay them anything. They need to prove that you owe them the money, you also want to stop them phoning you.

I would send them a CCA request which will cost you £1. They legally have to provide this to prove that the debt is yours. Example shown below:

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original credit agreement

2. Statement of account

3. Copy of the executed deed of assignment from (the original creditor) and Robinson Way.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

 

 

I would also send them a letter regarding harassment http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

That should hopefully shut them up for a while.

[Princess1967]

Hi Curlyben,

 

Just new here and in a right state!

 

Thanks for the help so far.

 

They say it's something to do with GUS. I believe this is a catalogue of some kind.

[rory32]

GUS = Great Universal

[Princess1967]

Hi Rory32!

 

I was reading a lot of posts earlier today and I came accross this letter and see that most people just fire that off to them.

 

I'll do that straight away.

 

I'll have a read at the harrassment link as well, many thanks!

[rory32]

No problem.....there are also quite a few good threads as well on dealing with harassment if it comes to that.

[Curlyben]

rory32 is spot on with the CCA request.

Make sure you send it recorded delivery then you know when the clock starts.

With a CCA there is a very important time line to follow. They have 12 WORKING days once they have received it to supply the required documents after this time they cannot enforce the agreement until such time as they comply.

After a furthe CALENDAR MONTH they have commited a criminal offence which can earn them a £2,500 fine and/or 3 months in prison.

 

Just remember you have found CAG and we'll help in any way we can.

 

BUT at the end of the day if they do prove that this debt is valid you WILL have to pay them.

This is not a way to avoid paying legit debts.

[Princess1967]

Thanks again!

 

Well the debt is certainly not mine! I told them that in April 2004 and never heard another thing about it until now. I assumed because I heard nothing else that they had realised there was some mistake.

 

Anyway, I'll send the letter off to them and see what happens next.

 

It's awful that these people can make you feel so uncomfortable in your own home. I live alone which I suppose makes it even worse.

 

This is an amazing site, not that I understand most of it! I came across it because I googled Robinson Way to find out who and what they were!

 

Thanks again guys, I'll let you know how things progress.