Robinson, Way & Co

[pennypenny]

After a run in with Lowell Portfolio I have now received a letter from Robinson way and co.

I sent a CCA request to these in March and they kindly took my £1 fee of the balance and I havent heard a peep off these people since.

Then today I received a letter off them which says:

 

FORMAL DEMAND FOR PAYMENT

 

We are authorised by our client to recover the full amount due, quoted above. This is a formal notice of intended court action. We will take action unless YOU PAY US THE FULL AMOUNT YOU OWE WITHIN 7 DAYS OF THE DATE OF THIS LETTER.

If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order, the following may occur:

* A process of enforcement by court officers

* An order for deductions from your earnings

* An unpaid Court order may make future credit difficult to obtain

* If you are a homeowner, we may seek to apply a charge to your property

THIS DEBT WILL NOT GO AWAY - IT MAKES SENSE TO PAY IN FULL - NOW.

 

Is there a letter I could send to remind them of my request, I have learned that these people say a lot of these things to get you to contact them. They have also rang my house a few times in the last few days.

 

Penny.

[Curlyben]

You need to send a letter back stating that they are in criminal default of your CCA and to NEVER call you again.

Threaten further action if they do.

[rory32]

You may wish to adapt this letter to your needs:

 

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, i do not acknowledge any debt to {debt agency name}.

 

I require the following action from {debt agency name} :

 

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

[pennypenny]

Cheers for that Rory. I'll get that sorted and sent off.

[diskmandave]

Is this what they've sent?

 

 

Report them to Manchester Trading Standards:

City of Manchester

Trading Standards Office

1 Hammerstone Road

Gorton

Manchester

M18 8EQ

 

 

t: 0161 234 1555

f: 0161 957 8379

e: [email protected]

w: Manchester City Council Trading Standards Service

 

Good luck, regards, Dave.

[sillygirl1]

Yes, definately report them, they are not supposed to send out letters which look like official court documents... this definately is against the OFT regulations.

 

Robinson Way, along with Westcot(t) and Moorcroft are PITA's who will try anything. I've recently had three debts returned by Westcot and am after having all tracing info they placed on my credit reference account removed as all three debts were returned to clients without further action. In two cases the debts had already been cleared! The third one was two weeks away from being statute barred.

[pennypenny]

After getting my daughter to scan the letter and show me how to attach the file hopefully here it is . . .

[pennypenny]

Im not very good at computer stuff as you can see.

Its not the same letter as yours Dave, more of a demand for payment. Its strange that I never heard anything until now.

[diskmandave]

Send the letter Rory suggests above, also contact Manchester TS's.

 

If you get an account at Photobucket, upload the scan and paste the IMG CODE on a blank line, makes it easier to see, also, black out the barcode on the letter!

 

And have a read of my fun and games with my favourite friends! If they had a braincell between them they'ld be dangerous!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

 

Regards, Dave.

[diskmandave]

Their complaints procedure:

 

 

[pennypenny]

Thanks for that Dave.

I have been reading through your Robinson Way thread and your Lowell thread too as I also have sent them a CCA. I will get the letter sent out to Robinson way tomorrow and report them too. Ill also get my daughter to sort out the photobucket account so I can show any letters or agreements(if any) I get back. Its a bit much when you have to get your kids to show you how to work a computer.

[ODC]

After getting my daughter to scan the letter and show me how to attach the file hopefully here it is . . .

How did you recieve this letter. A statutory demand should be served in person. If this is not possibe a request may be made at court to have it served by recorded delivery. You probably got this by 2nd class post and its not worth the paper its written on

[pennypenny]

Yes ODC you're right, it was sent second class post. They'll try anything to scare people. I wouldn't have known that if it wasn't for this site, and they know people will be scared into ringing them, I would have done a few months ago.

[Guest Fallenangel]

I've got one of those letters, it's exactley the same as that one.....word for word. Unfortunately (for RW) its on a debt that is statute barred!!!.......should I report them?

[rory32]

Report them to Trading Standards.

[ODC]

Why not. Also complain to TS they are very interested in the activities of these clowns

[ODC]

Snap again Rory

 

Great Minds etc

[pennypenny]

Just typed out the letter in hope of sending it off today, went to print it out and discovered I've ran out of ink. Typical. So it will have to be tomorrow. I've been printing so many letters out lately what with bank charge claims and CCA's.

[pennypenny]

I sent Rorys letter on the 15th June and it was signed for this morning so lets see if the phone keeps ringing today.

[ODC]

Keep a note of the date and time of all calls recieved from these imbeciles from the date they received you letter. They cannot deny receiving it so have no excuse to ring you. If you get a witheld call you may want to answer it. If they ask for penny peny ask who is calling. If they refuse to answer hang up. You may consider getting all witheld calls blocked by your telephone supplier. I did this a long time ago and it dramatically reduced the number of callls from the ****

[pennypenny]

Well, there have been no further phone calls from RW & Co but today I received this letter:

 

We refer to your recent communication requesting a signed agreement relating to the above account

Recent??? I originally sent it in March!!!

As with most Home Shopping accounts, you will not have signed a credit agreement. You are deemed to have agreed to the terms and conditions of the credit, which were relayed in the catalogue itself, when you placed your first order.

 

By ordering goods from the catalogue, you are liable for payment of those goods. If you are denying responsibility for the debt, we would ask what steps you have taken to return the goods you did not intend paying for?

 

The debt remains outstanding and we require an offer of payment by return.

 

What now? Is this just a standard letter? And what happened to "We will take you to court if you do not pay in full within 7 days of this letter"

 

Is there any reply I can give to this letter or are they just trying to scare me into phoning them?

[Curlyben]

CCA still applies.

They are trying their normal smoke and mirrors approach.

I'd send back a CCA noncompliance letter AGAIN and remind them of what is required.

[ODC]

They are talking sh!t. There are numerous threads on here where it has been proven that they still need to produce the CCA

 

Its a standard RWC scare letter. Ignore it and NEVER EVER phone them. You could complain to TS about Clownells sending a debt which was in dispute to another scummy DCA. Contact Clownells and ask for a copy of their complaints pprocedure

[pennypenny]

Thanks ODC, thats what I thought. I won't ring them nor will I answer the phone to them. It's amazing the lengths they'll go to to get people to pay them money, but I suppose for every 1 person that stands up to them there will be a load that get scared into paying.

[ODC]

Thanks ODC, thats what I thought. I won't ring them nor will I answer the phone to them. It's amazing the lengths they'll go to to get people to pay them money, but I suppose for every 1 person that stands up to them there will be a load that get scared into paying.

Unfortunately that is true. I was one of them until I discovered this site and the CCA 1974 plus other laws. They are pure **** the whole lot of the and in my peronal opinion anyone who lowers themselves to work for them was probably bullied at school. They have no brains or common sense. No help to sort the problem out amicably. Straight into threat mode immediatly/ W anchors