rob & way,no agreements

[groovychickmum]

sent cca requests to 2 'debts' managed via robinsone& way. today, i received back both copies of my cca request letters,and both cheques,along with a headed note saying ' no copy of agreements on catalogue accounts, signed,though cannot understand signature.

they have also sent a separate letter stating'

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

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.

 

 

so...........no credit agreement, plz can someone put a letter on here that i can write back to state they cannot enforce this without a credit agreement? plz.......

[harrythehawk]

What a load of rubbish, no fully executed agreement = no action, it was good of them to confirm in writing that they don't have one. No matter what they insinuate or say by you doing this or you doing that and you are deemed to have .... at the end of the day they have no proof that you agreed to anything without this, it is the law. There are some great letters on here for dealing with this and telling them where to get off, check out some other similar threads, however please don't worry they cannot enforce this debt, it is up to you now how you deal with it or not !!

[groovychickmum]

THIS IS THE LETTER IN REPLY TO THEIRS, DO U THINK THIS WILL BE FINE>

 

Dear Sir/Madam,

This is to confirm i have recieved and filed the returned copies of cca requests and

un-cashed cheques along with YOUR signed & headed confirmation note, stating

no copy of agreements on alleged catalogue accounts, today 20/7/07 together with

a separate letter stating you require an offer of payment by return for alleged debts.

As you are 'probably' aware, a debt can only be reinforced with a properly executed

agreement, as you have written to confirm this does not exist, I want written notification

that the alleged debts are not enforcable, I already know that no entry concerning these

accounts are on my credit file, and that is what led me to write for cca requests. as you

will be aware that a true credit agreement default will be held on a defaulters' credit file,

as supported by a signed credit agreement.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make

any enforcement order unless the creditor can provide a true signed copy of the original

credit agreement. This means that unless you can produce such an agreement, this alleged

debt IS NOT enforceable in law. I have made a reasonable and lawful request for a true signed

copy allowed by the Act. Indeed, The Office of Fair Trading (OFT) states that "if a

creditor/owner fails to comply with a valid request within a period of 12 days (not including the

date of receipt of the request) he may not enforce the agreement at all. This prevents

enforcement with or without a court order. If a default lasts for a month (for example a calendar

month) it constitutes an offence.

I must advise you that any alleged accounts you state i hold with you is now in legal dispute.

Whilst the accounts remains in dispute, you are not permitted to ask for any payment, nor am

I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not

entitled to charge any interest on the account, nor make any further charges to the account.

I expect no other communication from you in respect of this matter except for confirmation of

compliance with my requests.

As always, a copy of this letter will be filed together with all your other correspondence

concerning these matters, for future reference.

 

I await your notification

 

 

 

hehehehe

 

[ODC]

Have a look there are quite a few threads on here regarding Catalogue debts being unenfoceable because no CCA is available. The letter you received from Robberscum Way is just a typical standard computer generated letter from this bunch. They specialise in buying debts that are unenforceable or statute barred. They next letteryou get from them will be along the lines of

 

THIS IS NOT A COURT DOCUMENT (although clearly designed into making you think it is:rolleyes: )

 

THIS DOCUMENT IS VALID EVEN IF NOT READ BY YOU (what utter bollocks)

 

Dont worry about them.

[groovychickmum]

thank you for the reply ODC, still gonna send the above letter, and proof of postage of course (free) haha , o i hope they send the next letter then, i'll have some fun with that one haha.

[ScarletPimpernel]

Sadly Robinson Way gave up with me after only one letter, but since the alleged debt was disputed with the OC anyway and I had reported them to TS they didn't have much choice.

 

Shame, because I planned to send them a letter headed:

 

THIS IS NOT RECIPE FOR GENTLEMENS' RELISH

 

THIS DOCUMENT IS VALID, EVEN IF YOU THINK IT IS A FISH

[ODC]

thank you for the reply ODC, still gonna send the above letter, and proof of postage of course (free) haha , o i hope they send the next letter then, i'll have some fun with that one haha.

Send them the letter. They will buckle like they always do when you call their bluff.

[groovychickmum]

update, today,for both alleged debts, (remember no credit agreements,and i have the proof off them), i recived identical letters saying the following:

 

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

if court action is taken and a court conciders your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made.

 

 

NO CREDIT AGREEMENT, so isnt it unlawful to be still asking me for money, i thought no credit agreement, this would render it still in dispute.

[harrythehawk]

I sent this when received a similar letter from La Redoutes Solicitors, use or amend as you wish, should only go if they are over the 44 days and you know they don't have a CCAA:-

 

Mrs The Hawk

The Nest

 

X X 2007

 

 

F W Oakes BA (Law) Solictor

16 Canal Road

Bradford

BD99 4XB

 

 

Dear Sir/Madam,

 

Re: Mrs The Hawk - Account Number: XXX

 

Your Client : La Redoute

 

I refer to your letter of XX/XX/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); sent and acknowledged by La Redoute on XX/XX/2007. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by La Redoute under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

Mrs The Hawk

 

 

I have heard nothing since and that was 2 months ago, good luck !!

[ODC]

I sent this when received a similar letter from La Redoutes Solicitors, use or amend as you wish, should only go if they are over the 44 days and you know they don't have a CCAA:-

 

Mrs The Hawk

The Nest

 

X X 2007

 

 

F W Oakes BA (Law) Solictor

16 Canal Road

Bradford

BD99 4XB

 

 

Dear Sir/Madam,

 

Re: Mrs The Hawk - Account Number: XXX

 

Your Client : La Redoute

 

I refer to your letter of XX/XX/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); sent and acknowledged by La Redoute on XX/XX/2007. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by La Redoute under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

Mrs The Hawk

 

 

I have heard nothing since and that was 2 months ago, good luck !!

Perfect response

[groovychickmum]

hehehe.

Received a letter this morning from them,a copy of a letter stating the same as wrote in first post, though the amount is 0.00p So do you think they are hoping i didnt realise they had put zero pence owed,in the hope i'd write again,making a mistake? defo glad i found this site, and realised to keep all letters instead of them finding their way to the bin.

Many many hours reading the threads, still aint in no way near an expert,but this site has truly given me and my partner a whole lot of restful nights instead of sleepless ones.

THANK YOU TO EVERYONE ON THIS SITE, EVEN I HAVE TRIED TO HELP FRIENDS ETC,AND VOICED 'LIMITED' OPINIONS ON HERE,REFERRING OTHER PEOPLE TO MAYBE A THREAD THAT WOULD HELP AND I GUESS THATS THE REASON FOR THIS SITE.......PEOPLE HELPING PEOPLE.........

[ODC]

You could always send them a cheque for £0.00 in full and final settlement:D

[groovychickmum]

LOL...... do you know what,i am gonna do that..........i am, why not, i aint gonna lose owt,lol.

[Having_A_Knightmare]

You could always send them a cheque for £0.00

 

Do not sign it in the correct signature tho!!

[groovychickmum]

o god, that is the first thing i found not to do on joinng here,lol. my partner and i have a joint account so he signs the cheques on my behalf and v.v.

[Bigmac versus]

Robinson way are really terrible to deal with and dont listen to you, stick with it though and they will have no choice.

[ODC]

As long as you NEVER TALK TO THEM and keep everything in writing they will realise they have no case (eventually as they are not the sharpest knives in the drawer). They will pester and annoy you for a while just like a tramp in the street but when they see they are not getting any money from you they will go and hassle someone else

[groovychickmum]

update,,,,, the 'debts' has been sold.

On behalf of upstart limited, for whom we act as legal agents, we hereby give notice that the aformentioned debt due by you was legally purchased by our client on the 21st december 2007.

 

this is from scotcall.saying at the top of letter formally robinson way & co originally jd williams

 

 

 

 

so, illegally sold now, i still have all the letters from rob & way, most importantly the letters stating no credit agreement.

could that 'vexitous' thingy be any use here????

any ideas for a letter?

 

also states this debt will be registered with all the credit reference agencies until satisfied.

ok, it already is there, from rob & way 2005, so does this mean rob & ways will disappear, and scotcall will replace it from dec 2007, therefore restarting the 6 years?

[clutchingatstraws]

I'm sure CB will pop in with one of his famous letters

[groovychickmum]

ty lol

[clutchingatstraws]

Ooops I see he's not on, probably taking a well earned break, someone on must have a copy of his " Account in dispute" letter.

[groovychickmum]

i'll have a look about, cb prob already has it written on one of my other threads,lol.

this is the first i've had actually been sold on.

my mac hall was 'past to meritforce, but i already knew it was their 'sister' company, so had the ammo to see them off.

this is the one being a thorn in my side, together with crap 1 passing to another debt collector/solicitor.

ALL whist in dispute..............

[clutchingatstraws]

As the saying goes it rolls down hill, but it still rolls. The further downhill it goes the less right they have to put a default on.

[postggj]

sort of relevent

going on about no cca

if a creditor has only a copy of a cca, not the original executed agreement

where does that stand in law

[groovychickmum]

they had NO original or copy.

they sent cheques back with a complients slip stating no agreements.

therefore all letters since then up to sept, stated no agreements but you still owe the money.

so, up until today, i heard nothing. then find out its been sold on.

i agree with what you are saying, about it rolls down hill, but it still rolls. The further downhill it goes the less right they have to put a default on.

the default doesnt bother me as such as i have no intention of aplying for debt,loans car etc, so i'll sort out the cra when i get the 'debts' sorted out to say yeah, we have no agreements , you owe nothing, once i have got that done, than i'll sort out the default side of it.