Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Robinson, Way & Co


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5689 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

  • Replies 100
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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 ****

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

. Once you've worked in the industry, you can practically smell it on a caller within seconds. They have a moderately good understanding of the way the laws work, what they can get away with, excuses for delays, tend to have a string of broken promises under their belt, That is a ridiculous remark, bearing in mind that most DCAs talk over the customers 'they are trained to negotiate' without even listening to the reason behind their problem or their reasonable attempt to come to a satisfactory amicable solution. The simple fact is the more money a DCA employee can squeeze out of a debtor then the bigger their monthly bonus will be. Its no wonder people use the law to ensure that the DCAs comply with THEIR LEGAL OBLIGATIONS. Using the law by a debtor is not 'getting away with it' any more than a DCA getting anusing the law to try and coerce someone into paying a debt which may not even 'legally exist'

I've never met a DCA operative hide behind a false name, ever. I'm not saying it doesn't happen, but I'd put money on it being rare. The law may be the law, but within it there is room for manoeuvre. Its a well known practice for employees of DCAs to use false names. Indeed this is acceptable by the OFT provided the DCA in question keep details of which partivular 'alias' is used by which particular employee. There are numerous cases on here where DCAs have denied that certain people even work for them even when the compainant has a taped conversation of their name being given out. What about the ubiquitous Mr Green/Brown who is going to call in houses the length an breadth of Britain on a Tuesday between 8 am and 9pm. He must clock up some miles on a Tuesday night (if that is his real name of course)

 

Letters sail about as close to the wind as it gets, regarding the impression that they are part of litigation; their collectors deliberately project the false idea that the 'legal department' (more accurately called the pre-legal department and 99% of cases just move back into routine collections after a couple of months) has powers it does not. None of what they do is actually illegal as such, but the way they do it could easily be more legal, if that makes sense.

They give some poor uneducated people the impression that they are more legal than what they are though and this is in itself a breach of the law. They make threats that they have no intention or ability to carry out yet persist in peddling these half truths even when they get through to people on the telephone.

Link to post
Share on other sites

Look people - I'm not here to defend DCA's. I abhor the system of debt collection in this country - I think it's an unruly, aggressive and often immoral practice. Thats something at least we agree on But some of what's being perpetrated here is coming out of little more then a mutual affirmation society where the facts of the matter are being distorted and extreme cases are being held up as a fair reflection of the industry. These 'so called extreme' cases would seem to reflect the majority opinion of the treatment meted out by DCAs The simple fact is that I'd estimate at least 25% of accounts in the debt collection circuit are from people who have no intention of paying or are using excuses to avoid and delay paying. Whats wrong with delaying payment if you simply havent got the resources to pay. These people are actually fuelled by places like this, where perhaps they've got an unpleasant phone call and feel justified in reneging on the legal agreement they made. Like you I am not uneducated and am quite capable of understanding a threat from a DCA when I hear one. I can give personal example of dozens of such calls quoting non existant laws and action they are going to take which is TOTALLY Illegal. I do not feel I misunderstood someone from a DCA who actually told me that they had 300 employees who would ring me constantly to work if I did not give him a mobile number.They'll come here and you'll all sympathise with them and whinge on and on about how bad DCAs are, apparently oblivious to the fact that the onus is on the debtor to pay, I believe the onus ison the DCA to prove a debt actually exists and they have a legal right to enforce it. not the DCA to say please and thank you. I know that operatives can be ignorant, but so can debtors. But the debt nearly always does exist. That should be proven before demands and threats of legal action are made The fact you may have sent the DCA a CCA request and they're unable (or more likely too disorganised) to respond appropriately is a legal victory for you, but it's not a moral one. Accounts hardly ever get created out of thin air. Strange that I have had two recently for companies whom i have never dealt with who when asked to prove it didnt even have the manners or common decency to respond. Yes, on one level all we're discussing is ways to hold DCAs to account and utilise the law to be as awkward and difficult as they appear to be behaving towards you, but the overtones and subtexts of much of what is discussed in forums like this centres around how to get away with avoiding debt by using whatever law is available to claim legal justification in non-compliance over a debt you know damn well is owed. I'm astonished that you can't see that.

 

This is sheer nonsense, and remember - I've worked at these places, so of the two of us, I'm more likely to know, aren't I. The only time I've ever seen an 'alias' used is back in the day when RW&C had a policy of leaving messages for customers saying they needed to call back and speak to 'Chris Clarke'. Chris Clarke doesn't exist, and it was a way of determining that a message had been left, but only on very rare occasions was anyone brazen enough to say they actually were Chris Clarke. The idea that operatives go to work and assume a different name all day is fantasy.

 

Again, a wild generalisation. I've known some good, honest people work for DCA's. You may well have. I certainly have yet to speak with one. Its a pity that some of the 'good honest ones are not used to contact people who are in genuine trouble who wish to pay and want to come to some sensible arrangements to fulfill teir obligations. Of course, it's unlikely you'll see that reflected here, because the internet always tend to attract stories of things that went wrong rather then things that went right. I worked for RW&C and I was neither poor nor uneducated. I knew the law better then 95% of the people who I spoke to and made damn sure I stayed within it. Its a pity you were not used by your employers to educate your colleagues I was not alone. I'm not denying that there are people who break the law there, but hell - there are people who break the law all over the place - call centre jobs with their low wages aren't going to attract lawyers and attorneys. When a DCA operative breaks the law, which I conceded does happen and due to the nature of their work, probably more then it should, that is wrong. But you're mistaken to believe that every employee is on the phone all day threatening bailiffs and repossession orders or whatever else they're saying, because that's simply not happening. More often then not, it's the debtor who has either accidently or (often) deliberatrely misheard and is falsely claiming that a 'threat' that was given as a 'possible consequence of further non payment' was given as an imminent danger.

I have never deliberately misheard anything a DCA has said.

Link to post
Share on other sites

People will sometimes, and especially when stressed, either hear what they want to hear, or simply deny what has been said - I have seen people, confronted with the obviously dead body of a relative, suggest that it's all a mistake and that the cadaver will wake up at any moment.

 

Perhaps Spurious has a point - people may mishear (or misinterpret) what DCAs say, though probably not deliberately. On the other hand, DCAs often deliberately say things that are misleading or simply untrue, and I would think that this is likely to be company policy in most cases. They are generally reluctant to repeat their statements in writing, however.

 

All of which only goes to show that all dealings with DCAs should be in writing.

And why all telephone calls s should be logged and where possible recorded to eliminate any possibility of a Rogue Debtor deliberately or otherwise misundestanding the highly trained DCA operative

Link to post
Share on other sites

  • 3 weeks later...
Goodness me, there has been a lot of activity on this thread since I last visited it!!!

Anyway the latest update is... I have received another letter this morning from RW&C, they seem to have dropped the nasty "we will take you to court" approach and come up with this.

 

******SUMMER SPECIAL******

 

WE ARE TODAY INVITING YOU TO MAKE A SETTLEMENT OFFER ON THE DEBT YOU OWE.

 

We understand that you would like to be rid of this debt and are therefore inviting you to call us or fill in the below slip and make an offer to settle the debt you owe. ALL REASONABLE OFFERS WILL BE CONSIDERED.

 

Once a settlement has been agreed and paid, we will mark your credit file accordingly and you can look forward to a relaxing summer!

 

THIS OFFER IS ONLY VALID UNTIL 20TH JULY 2007

 

and then there's a bit to fill in at the bottom to put an offer and a date when I can pay it by.

So what do you think? I didnt know DCA's had summer sales, it really made me laugh when I read that especially the bit about the relaxing summer.:-D I am having a relaxing summer thank you:) :) .

What do you think would be a reasonable offer?

 

Penny.

I can translate this bullsh!t for you

 

Dear Penny

 

We have no CCA nor will we ever have one. In a vain attempt to get some money from you we are telling you a load of lies and want you to pay money to us for a debt which we foolishly purchased with NO proof.

 

We are sorry we threatened you with Court when we should have realised we were talking out of our Arses

 

Please send the money or I will not get my monthly bonus

 

yours etc

 

A SPURIOUS dca employee

Link to post
Share on other sites

"A SPURIOUS dca employee"

 

Nice touch.

 

 

Suggest reply

 

Thank You, Thank You, Thank You

 

In return for your generous offer I am prepared to make a formal complaint that you have been persuing a debt without proper authority.

 

What I require is £200 in compensation because when eight weeks are up you will be shafted for £400 by the FOS.

 

Please make cheque payable to ..............

 

Once a settlement has been paid, I will mark your card accordingly and you can look forward to a relaxing summer!

That is one of the best ideas I have heard on here

Link to post
Share on other sites

After the joy of getting Lowells off my back I have received a letter from Robinson Way today, it says:

 

DO NOT IGNORE THIS NOTICE!

 

TAKE NOTICE that documents are being prepared and COURT ACTION may be taken for:

 

AMOUNT DUE: XXX

 

ACCOUNT: XXXXXXXX

 

WHAT YOU ARE REQUIRED TO DO:

 

Pay the full amount due by 10.00 a.m. on 23/07/07

 

If you fail to pay or seek help from us court action may be issued without further warning to you. Court fees, legal costs and interest may add to the sum you owe now. If any court order remains unpaid the following steps may be taken:

 

* Your details will be recorded with Credit Reference Bureaux

affecting your ability to obtain further credit, including mortgages

* Deductions from your wages under a court order

* Seizure and sale of property

* Your means disclosed to and examined by the court

 

They've changed their tune havent they, what happened to my summer offer? on their last letter they were offering me the chance of a reduced settlement and they said it was valid until 20th July which is today but this letter is dated 17th July so they havent even given me to the deadline to get in touch with them.

I have noticed they use the word "may" a lot, "We MAY take you to court" not "We WILL take you to court".

Is there a letter I could send them reminding them of their stupidity, They are really starting to annoy me:mad:

Penny.

 

You are correct. the use of the word MAY says it all. This is a standard Robberscum Way letter generated by their threatomatic computer. They havent got a CCA so they really are wasting their time with this one. I have got this off them and am still waiting for the summons. I havent even bothered to CCA them yet because I know for a fact they havent got one. The original creditor hasnt one so the **** at RWC wont have it either:D Absolute Our Soles

Link to post
Share on other sites

The reptiles at Robinson Way are very proud of that letter; I once spoke to them on behalf of a client, and suggested that the threats it contained were designed to mislead. The wretch at the other end sounded so pleased with himself when he said: "It says may! we aren't threatening anything! It says may! May!" I imagine he was probably sticking his tongue out at the phone, such was the childish nature of his triumph. I asked him if was enjoying what was clearly his first job since leaving school. Of course, he couldn't resist telling me he was 27; 'Are you really', I said in my most patronising manner (see Col. Ross in 'The Ipcress File), 'because you sound about 14.' That shut the little gobshoite up.

 

Anyway, I must go in search of my dinner, though I'm sure it will be valid even if not eaten by me...

PMSL. You are one funny man. RWC really are one of the most arrogant bunch of twats. Yet when you call your bluff you realise they are just full of sh!t

Link to post
Share on other sites

  • 1 month later...

They have absolutely no right to this information. They are bluffing. They have advised their client to commence Court Action. On what basis do they reckon they can go to court.

 

I would be inclined to reply to their letter shortly and sweetly.

 

Dear Imbeciles

 

See you in Court.

 

Penny Penny for your thoughts

  • Haha 1

Link to post
Share on other sites

Great reply ODC :lol:

I definately won't be calling them, I will just wait and see what drivel they come up with next. I don't think they even read the letters I send them anyway.

Some fool scans your letter. If there is no money in it they pres a button on the threatomatic and send out a computer generated standard nasty letter. Its so obvious. They just keep detroying rain forests with their nonsense

Link to post
Share on other sites

They are, of course, valid even if not read by them. :)

 

This must be one of the most absurd things put in letters by a DCA - what can they think it achieves - ...

I wonder what genius thought that one up. Its supposed to sound scary. Instead it just shows what sort of imbeciles they employ

Link to post
Share on other sites

  • 1 month later...
  • 7 months later...

Penny

 

They have failed your Legal request for a CCA. Just report them and write to Hayley Felton RWCs wonderful Complaints Officer and make a formal complaint to them. If as she usually does fails to address your complaint properly then report RWC to the FOS. You have been patient enough with these idiots

Link to post
Share on other sites

  • 3 months later...

Call me a cynic but the sending of both letters in NO coincidence. They are both printed on the same threatomatic computer. The first one from RWC is a CON pure and simple. They cannot substantiate the alleged debt so they are trying to CONvince you into thinking they are giving you a great deal. The one from their pseudo solicitors is designed to scare you into ringing RWC and accepting their stupid offer.

  • Haha 1

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...