The Scarlet Pimpernel v. Robinson, Way **WON**

[ScarletPimpernel]

Here is my reply to La Felton:

 

I do not acknowledge any debt to you, or any company you claim to represent. Thank you for your letter dated xxx 2007. I regret that you have still not satisfactorily responded to my complaint.

 

It is a shame that you maintain the pretence that the bogus letter sent by Robinson Way on HSBC paper was not intended to make me think it came from HSBC. I accept that you will not change your position, but continue to believe that this unprofessional and deceitful behaviour calls Robinson, Way's fitness to hold a Consumer Credit Licence into question. I will therefore be reporting the facts to Trading Standards and the Financial Ombudsman Service.

 

Your response to the Notice I served pursuant to s.10 of the Data Protection Act is wholly inadequate as you have failed to provide any detailed or valid reason for your failure to comply.

 

You state that Robinson Way, as legal assignees “acquired the rights but not the duties of the creditor under s.189(1) of the Consumer Credit Act” (I presume you mean the 1974 Act rather than 2006 since you do not state which).

 

I am sure you are aware that s.189 defines a creditor as ‘the person providing credit under a consumer credit agreement, or the person to whom his rights and duties have passed by assignment’. The legislation is quite clear - rights and duties - there is no element of choice, and it is not possible for only the rights to be assigned. Since the law is so clear, I can only assume that by making such a wholly inaccurate statement you are deliberately intending to deceive and mislead. Secondly, you will note that s/189(1) refers to a consumer credit agreement - presumably this is the agreement that neither you nor HSBC has been able to produce. You will be aware that a consumer’s consent to process data is usually given when an agreement is signed, but without the original agreement there is no proof of this. Without the agreement, the debt is unenforceable (and so no money will be forthcoming), and you also have no proof that I gave my consent to the processing of my data by either HSBC or you. I enclose a Letter Before Action in this matter.

 

Incidentally, I asked you to confirm under which statute law Robinson Way is ‘legally obliged’ to register information with Credit Reference Agencies as you stated; you have failed to provide an answer. Please now provide me with an answer, otherwise I will have no option but to think that you were making deceitful and misleading statements (again).

 

Finally, I will deal with your failure to comply with my request for a copy agreement. As you know, this was a formal request made pursuant to s.77/78 of the CCA 1974. The Act is perfectly clear as to what documents a creditor or agent is required to send in order to comply. Copy statements are not included in the list; in fact, you provided none of the required documents. Furthermore, my original request was quite clear that the statutory fee was not to be used for any other purpose. I still require a refund of the statutory fee of £1. For your information, I had no need of copy statements, having already obtained same under a Subject Access Request.

 

I would now appreciate your due diligence in this matter. If your grasp of the legislation fundamental to your business is genuinely as tenuous as it appears, perhaps you would be kind enough to either pass the matter to someone with sufficient knowledge to answer sensibly, or let me have a Final Response, so I can escalate my complaint to the Financial Ombudsman Service.

[ScarletPimpernel]

***UPDATE***

 

 

Letter from La Felton this morning.

 

They have closed their file and I will be receiving no further communication from them. This is apparently because of HSBC's response to RW telling them that the alleged debt was 95% penalty charges. Perhaps HSBC had forgotten to tell them that a claim was already in place when they sold them account - on which HSBC had already confirmed they had no agreement.

 

They have removed the default they should never have registered.

 

They have refunded my £1 CCA request fee.

 

Season's Beatings to all at Robinson Way.

 

 

Sadly, for some reason Ms Felton is still coy about which statute law she relied upon to tell me that RW have a 'legal obligation' to report to CRAs. Oh well, I shall ask FOS to investigate, when I complain about RW's deceitful and misleading behaviour.

 

 

 

I'd be grateful if a Mod could change the thread title to reflect the outcome.

[kfdh1962]

SP,

LMAO... brilliant and inspirational...

 

well done to you!!

[dannyboy660]

Excellent thread, and very well done. :)

[payingonlyencouragesthem]

Brilliant work getting the idiots off your credit file. I'm just starting a Data Protection sh*t fight to get rid of the RW's and other bottom feeders from my credit file. They are definitely breaking the Data Protection Act in several places eg showing amounts owing that include unlawful charges (ie inaccurate data), processing data without proper authority. Maybe you could report them to the Information Commissioners Office as well as the FOS.

[rory32]

Well done SP

[diskmandave]

Brilliant as usual SP, but I still prefer endless fun and games rather than closure!!! :D

 

Well done!

[Brassed off]

This news has made my day SP:) I have my own issues with the Robbers;)

 

Congrats! Brilliant result (even if you are from "t'uther side":D)

 

Although they have not addressed your specific questions, they can obviously read. This must be a first for a DCA:eek:

[Jeff2000]

Well done SP!

 

Brilliant news!

 

 

Regards, Jeff.

[Curlyben]

[sillygirl1]

I love the 'Seasons Beatings' to RW, serves them right - they are going to be clobbered more in the coming New Year as people (consumers or rogue debtors depending on what fence you are sitting on...) are wising up to their tactics.

 

BTW I have found an Avatar I quite like - comments welcomed on it....

[42man]

Excellent SP !!!

[Luminol]

Grats and just in time for Crimbo, Merry Christmas SP

[Patma]

Congratulations Mr. Pimpernel! This gives me a lovely heartwarming glow. Seasons Greetings one and all! Patma:D

[krispykreme]

I thought I'd send the covering letter in a style Robinson Way will be familiar with:

 

:grin:

This is superb, a cracking way to deal with Robberscum way!

Best laugh Ive had in ages:) Thank you, you are an inspiration.

[ODC]

Valid even if not read by you. Still cracks me up every time i read it on one of RWCs Pseudo Court Forms. IDIOTIC or what.

[sillygirl1]

Lovely job, nice to see them on the receiving end of their own rubbish! What goes round comes round......VALID EVEN IF NOT READ BY YOU has to be the most stupid sentence constructed.

[ODC]

Valid as a piece of Bog Roll.