CCA response

[taurus66]

Thank you very much. Will get it mailed this afternoon.

[taurus66]

Update to this.

 

Since sending the letter kindly supplied by tomterm, I have not heard anything at all from either HFC or Robinson Way. Should I be doing anything else other than wait for their next move?

Thank you

[Having_A_Knightmare]

Tauruss

 

Sit tight and wait till the next move.

 

HAK

[taurus66]

Had a letter from Robinson Way today - Notice of Legal proceedings. How should I respond to this? They have given me until Dec 3rd to reply. Thanks

[taurus66]

Can someone guide me on how to proceed with robinson way please? I sent the letter as suggested by tomterm on July 31st and this is the only response to that letter. Thank you for your help.

[davey77]

I have had dozens of 'notice of legal proceedings' letters or 'we are preparing legal documents' etc with 'you have until such-and-such a date to respond or we may commence action' etc etc. Usually in black bold letter or red ink (for extra effect.)

 

In other words is it a genuine court action letter or the usual psychological tactics these DCAs employ to simply scare you into paying up without a fight?

 

Remember you can't be taken to court unless they have issued you with a default notice first.

[taurus66]

Thank you davey for your reply. The letter from robinson way headed Notice of legal proceedings says

"notice of intended court action valid even if not read by you" then goes on to say documents are being prepared for the issue of proceedings and court action may be issued without further warning.

 

I'm not sure how to respond to them.

[davey77]

I think others will agree that the key word here is 'may'. Never received official court papers myself but i am sure they don't word it that way. It really does sound like a scare tactic. Is there anyway you can upload it for us to look at?

 

Did you ever establish whether they sent a default notice?

Have you checked your credit files recently for a default?

[davey77]

Have a look at post 146 of my thread and the threats of action from Debt Managers Ltd. There was no court action as a result of that and they passed the account back to Barclays eventually but they really design these letters carefully to worry you. (Needlessly in most cases.)

 

http://www.consumeractiongroup.co.uk/forum/mbna/57846-debt-written-off-due-8.html

[davey77]

Have you also read this thread recently started about robinson way by "doingmyheadin" and their "threat of legal proceedings" and the pyschological approach they use:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/122299-robinson-way-doing-my.html

[noomill060]

taurus-

 

I would suggest posting on this thread:

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-523.html#post1266184

 

together with a link to this one.

 

You state that PPI has been charged without your authority- this would mean that any figure they believe you owe them is probably incorrect.

 

Have you recieved a document headed "DEFAULT NOTICE" ?

[noomill060]

You could do worse than send tomterm a PM and ask him to check out this lastest development.

[taurus66]

Thank you all for your replies, it is much appreciated. Thanks for the links also. I will send a p.m to tomterm thanks noomill.Will see what he can suggest.

[tomterm8]

It's a standard threat-o-matic letter.

 

You'll get lots of court threats.

 

they may or may not go to court; however, the impact on me of such letters is minimal. they produce them regularly, and rarely go to court. Unless they have a credit agreement, they don't have a chance of winning either way.

[taurus66]

Thank you for your fast reply tomterm. The agreement had been supplied to me from HFC which I had queried as per my post number 1. Should I send a CCA request to robinson way to see what they hold?

[car2403]

This agreement looks (almost) exactly the same as those I've had from HFC - suggest you take a look at my thread, as they are (foolishly!) taking me to Court in one claim and I've retaliated by taking them to Court over the second agreement. I think you'll agree your case is very similar to mine, so I won't bore you with the details, but here is the link;

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/110146-car2403-hfc-bank-default.html

 

Hope this helps, but ask any questions in reply if it doesn't...

[taurus66]

Thank you for your reply car2403. I agree there is more than a similarity in both cases. . I had thought to remind them of the last correspondence I sent in July but I think I shall just wait and see what robinson way do next.

[taurus66]

Could someone please confirm whether I should ignore the "notice of Intended proceedings" or write and remind robinson way I am still awaiting a reply to my letter of 31st July?

RE: Your recent correspondence.

 

Thank you for your phone call today, and for agreeing to communicate only in writing.

 

from the content of the call, it appears that you are claiming I have breached a term of a contract with HFC Bank, Ltd. I am not clear, however:

 

(a) what interest you hold in such a breach, or

(b) since I have had no default notice, what the nature of the breach was.

 

In relation to point a, I would ask if you are the owner under an equitable assignment, or the agent of HFC Bank. If you are an agent, I would ask you to provide a power of attorney for the agreement; if owner, I would ask that HFC Bank provides appropriate notice of this fact, and confirms your entitlement to any benefit.

 

I would like to speedily resolve and rectify this alleged breach, and therefore would ask you to provide, in relation to point b, a detailed break down of the nature of the alleged breach, the date it occurred, and how it can be rectified.

 

I would remind you of your obligations, under the Civil Procedure Rules, to act reasonably in relation to this matter and to avoid where possible the expense of legal action. In particular, terminating the agreement and bringing the matter to court when I have stated my intention to, if possible, make good any breach would seem a breach of these objectives.

 

I thank you for your cooperation in this matter.

[car2403]

I would send that letter to them anyway, taurus66, as it will do you no harm - I don't think they'll issue against you as a result of this letter, as they will back themselves in to a corner, but reminding them of your dispute at this early stage is definately to your advantage.

[taurus66]

Hi car thanks again for your reply. I should have made it a little clearer, that WAS the letter I sent them in july. Wish you well with yours.

[car2403]

Oh, I see - in that case, send them a reply to their letter, referring to your dispute with them and include a copy of the July letter with proof of postage/delivery attached if you have it. This should go Recorded Delivery (not worth paying £4 for Special Delivery on this one)

 

You should include this text in your letter;

 

I would like to remind you that the Office of Fair Tradings Collection Guidelines cover this situation, in that you cannot continue to pursue me for this debt without effectively handling my dispute;

 

The OFT Collection Guidelines s.2.8;(http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf)

 

... i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

 

I also believe that this account falls under the Banking Code, so the original Creditor, along with you as their assignee/agent, may be subject to that code;

 

The Banking Code s13.6; (http://www.bankingcode.org.uk/pdfdocs/BANKING%20CODE.pdf)

 

... k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

If this collection activity continues unabaited, I will escalate this to the Office of Fair Trading, as I believe you are in breach of your Credit License and the Financial Ombudsman Service as you are in breach of the Banking Code.

 

If that doesn't throw them off the scent, nothing will!

[taurus66]

Thank you again car, very much appreciated. I'm so in a mess.

[car2403]

Hang on in there... it might be a bumpy ride - scream if you want to go faster!

 

(I nearly broke in to song there!)

[taurus66]

Car2403

 

Thank you again:) Letter mailed, will post on their response to that.

[taurus66]

I have been paying £5 p.m to Lloyds for a loan,and they are forever phoning to increase my repayments. I've sent the telephone harassment letter.

The latest caller was quite rude when I explained I could not afford more from my disability income. She almost demanded that I send further evidence of what I receive and what I pay my other creditors. I suffer with epilepsy so I just did not appreciate getting wound up. I have been paying as fairly as I can to who I owe.

 

Is there anything that says I HAVE to show what my income is?