County Court Claim from Robinson Way

[RichardGazinya]

Hi,

 

Just joined. I've had a debt from a previous M&S Loan some 11-12 years ago it went with Greens Solicitors for many years and paid on time £200 a month for years, it moved to Robinson Way about a year ago.

 

Recently we (my wife and I) have found less money coming in from her job as a teacher coming to an end plus we have kids in University.

 

They have made me offers to settle for maybe 30% off but wasn't able to afford it.

 

Have asked them to accept a reduced amount to £100 which they accepted but wanted two payments at once which we couldn't do. they have now sent a Claim Form from Northampton County Court for the full amount, just arrived today.

 

The amount doesn't seem to add up we took the loan out for 15K the amount we would have paid by now must be near 24k they say we owe 5k.

 

I guess I'm wondering were can I go from here? is it to late to do anything about it?

[KeefG]

You could try sending a C.C.A (found here - letter N) http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html to Robinson Way to see what that throws up.

 

Also while you're on send an S.A.R (found here) http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html to M&S and also Greens Solicitors.

 

I maybe wrong but M&S may not hold any info on your payments once they sold the debt on to a DCA so thats why you need to send one to Greens too.

 

The CCA will tell you if Robinson Way can legally chase you for this debt and the SAR should tell you what you've paid & when you've paid it.

 

It will also show you any charges that have been applied to the account so you can set about claiming them back if need be.

[RichardGazinya]

Excellent, thank you for that. I wonder though, the Claim Form asks for a reply of acknowledgment do I counter claim or should I just say its in dispute?

 

Thanks again

[KeefG]

I'm not sure to be honest, wish i could say more but would hate to give you duff advice.

 

Someone with far superior knowledge than me should be able to help you on that!

 

If i was to guess - saying that its in dispute could give you more time for the CCA request, if they cant produce the CCA then they cant enforce the debt and would stop the CCJ from occuring.

 

EDIT - you MUST send the CCA request off as soon as possible though.

[Guest Mincemeat]

I would suggest you send an acknowledgement of service, which you can do through the MCOL website. You'll then get a further 14 days (28 in total) to post your defence. What you're going to have to do, TODAY, is send out the s77/8 Consumer Credit Act 1974 letter asking for the original agreement you signed. Send this guaranteed next day (by 12 is cheaper) for about £4.50 or so. Also, you need to send out a S.A.R - (Subject Access Request), again TODAY and again by guaranteed next day delivery.

 

What then needs to happen is you need to have some more advice from others with regards to what you need to put in to your defence. The main premise of your defence should be along the lines of the DCA have been adding charges onto the account that they are not entitled to do under the original agreement (hence you need the original agreement) and that you do not owe them any money. I'm not a legal whizz, but there are many on here who are and you should be able to get a watertight defence from them, which you may be able to change at a later date when they answer your s77/8 CCA 1974 request and the SAR.

 

Have a quick read in the FAQ's and the template libraries on here to find out what you need to know and then get the letters in the post, they will cost you postal orders of £1 (CCA) and £10 (SAR).

 

Speed is of the essence here. Don't assume they don't have the paperwork, and keep everyone on here informed of anything and everything they send back to you with respect to these letters.

[RichardGazinya]

Thats OK KeefG I appreciate all the help I can get, this scares us and though we know this was an over-site on our part, this is beginning to be a bit much.

 

I came across this site by searching for help and found DiskmanDaves thread which was excellent. This gave us the bottle to explore other avenues.

 

And thank you to MinceMeat I've got some work to do and will keep you posted

 

[Laiste]

Hi Richard,

 

Given that a Court claim has been issued, you need a copy of the credit agreement and statements in relation to this a/c asap. The problem with the CCA and the SAR is that you have to file a defence before they have to supply the info! You are entitled to the info you need to file a defence and c/c, without the need to do the CCA and SAR. Under the Civil Procedure Rules you are entitled to this info to enable you to defend this claim.

 

What I would suggest is that you have a read of the thread I'm involved with. The thread is titled Illegal CCJ on Account Desperate-by Electric Lemon. It is in the General Debt section and it's on the 1st page. I wrote a letter for Electric asking for all of the information she required. Of course it can be adapted for your own requirements, but I would recommend sending it by guaranteed next day delivery as soon you can. Don't rush it however, at the expense of accuracy. I would stipulate in the letter that they have 14 days to comply, which will give you enough time to draft the defence. I would send the letter to RW&Co and the solicitors also.

 

If they don't provide the info don't worry, a defence can still be drafted but they will be in trouble for not complying, you will see why when you read the letter.

 

You can and will get through this situation and it isn't as daunting as it might seem. So my advice is not to worry. When you get a moment post up the particulars of claim (POC) and advise us who is detailed as the Claimant, there is a reason. Of course, do not include your personal details!

 

I hope this goes some way to helping you and alleviating any anxiety you may feel be feeling about this whole process!

 

Kind regards.

 

Laiste.

[Guest Mincemeat]

Where were you in January when I needed you Laiste?

[RichardGazinya]

Laiste! Thank you VERY much.

 

What you say makes allot of sense and I'll follow it to the letter.

 

Regards,

[RichardGazinya]

Ok, been very busy. My work requires me to travel allot so do apologize.

 

I have sent off two letters after reading the thread that Laiste suggested. Sorry if I hadn't time to ask for proof reads.

 

Thank you again Laiste, you have been extremely helpful and I do appreciate that.

 

I'm posting copies of the Claim Form and the two letters that I sent and leaving the dates to show. I now have to urgently send my response.

 

So here goes.

[RichardGazinya]

14th June 2007

 

Claim No. XXXXXXX

Issue Date 04 JUN 2007

 

Robinson, Way & Company Acc. No. XXXXXXX

Robinson, Way & Company Reference No. XXXXXX

 

Dear Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to Robinson, Way & Company Limited recently. The information must be furnished by the 27th June 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

The following information is required:-

I hereby request all data that Robinson, Way & Company Limited hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my a/c formerly held with Marks & Spencer Money. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of Robinson, Way & Company Limited, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Marks & Spencer Money.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

A true copy of the original signed agreement between myself and Marks & Spencer Money.

 

A genuine copy of the deed of assignment, between your Company and Marks & Spencer Money.

 

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated and what the charge covers.

 

All data in respect of this account held in the relevant filing systems of Robinson, Way & Company Limited, including details of all telephone calls made by your organisation to my home and work telephone numbers and notes made in respect of those calls.

 

Specific details of the fees/charges levied by Robinson, Way & Company Limited in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

I look forward to your co-operation in this matter and receiving the documentation by the 25th June. Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival.

 

Yours faithfully,

[RichardGazinya]

13th June 2007

 

To: Robinson, Way & Company Limited

London Scottish House, Quays Reach

Carolina Way, Salford M50 2ZY

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXXXXXI hereby request all data that you hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account with you. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

Please note that this account is now in dispute.

Yours faithfully,

[RichardGazinya]

Not sure if I'm doing this (POC) thing right. I've uploaded the jpg of my Claim Form but its postage stamp size but I've seen in other threads that I can put it up in the Blog at a readable size.

 

Sorry, have looked for it in the site FAQ

[Brassed off]

Richard - good luck:)

 

Am subscribing..been in a similar situation. Wish I'd found this site before now;) .

 

With regard to posting info on the site, first of all take a photocopy of your document, black out the personal info, save to jpeg, then do a google for "photobucket". Once on to their site (it's free by the way), upload your document, then highlight the IMG code (third one down - this will make sense once your are on their website), right click, copy, then paste onto your thread.

 

After extreme frustration, time and effort, this advice was given to me by ODC (I think) and shows your document very clearly.

 

Best Wishes

 

Brassed Off:D !!

[RichardGazinya]

Well Thank You Brassy!

 

[RichardGazinya]

[RichardGazinya]

Their reply:

 

[RichardGazinya]

They replied with some 50 pages of screen dumps:

 

[RichardGazinya]

Apparently the Royal Mail are on strike action Friday so need to get this out today... just my luck.

[Saffronflowers]

You can fill in the court form online if that helps at all - you just put in the referance number

 

SFx

[RichardGazinya]

Thanks Saffron,

 

Would I be able to post online the response to RW&Co that they have not produced the necessary documents such as the CCA and therefore this should not go to court?

 

Thanks,

 

RG

[RichardGazinya]

Ok, here we go,

 

I've applied my defense as listed here:

 

[RichardGazinya]

Courts acknowledgment here:

 

[RichardGazinya]

Then RW&Co sent this:

 

I'll admit I was a bit shocked when I first read it.

 

What's this with the "YOU CREDIT RECORD"? are they calling me names?

 

I of course called the court and they had denied RW&Co judgment request.... so I think they were jumping the gun a little.

 

[Saffronflowers]

That is I would love to say Unbeleivable but oh my giddy aunt, nice peice of evidence if does go to court regarding harresment and oppresive behaviour!

 

SFx