needing advice

[jimmyjammer]

we have received the following letters from RW&Co, both of them arrived within a matter of days. After all the letters we have sent them they are still writing to us..........even though they have never produced the agreement when we cca'd them. does anyone have any thoughts on what we should do next..............are these letters anything to worry about? or should we just file them along with all the others? here are the letters, first pic was the first letter to arrive.

[Curlyben]

Wellllll there's two things you can do.

1/ file under IGNORE as they are urinating into the wind.

 

2/ Fire off an official complaint letter:

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your purusal and ease of reference.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harrassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

[jimmyjammer]

thanks. i think we will be sending them a copy of that letter. as usual i'll keep posting updates. thanks again........all your help is very much appreciated.

[ScarletPimpernel]

I have recently (today, in fact), spanked Robinson Way's corporate bottom in similar circumstances - bought debt, no CCA.

 

Persistence in the teeth of their consistent stupidity and attempts to deceive and mislead paid off in the end.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101304-scarlet-pimpernel-robinson-way.html[url=http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/101304-scarlet-pimpernel-robinson-way.html][/url]

[jimmyjammer]

this arrived in the post this morning. does it actually mean anything or just more scare tactics? first pic is the front of the letter, and second pic is what was on the rear. i did notice that the date shows todays date, but the envelope shows it was sent second class???

 

[Curlyben]

More nastygrams from RW&c.

Time to get Trading Standards as they are clearly chasing an unsubstantiated debt.

[jimmyjammer]

when you say time for trading standards......what exactly do i do from here? do i need any specific letters or anything. all info and help is greatly appreciated.

[Curlyben]

For starters give Consumer Direct a call and explain exactly what has been happening and that you have sent a CCA to ensure their legal right to collect on the debt.

 

They'll help you from there.

[jimmyjammer]

hi guys, yet another letter arrived yesterday morning. it says in the letter that this will remain as an unpaid debt, and it will also adversely affect your credit rating. how do we get them to stop this nonsense? its really starting to annoy my wife.

 

here's the letter:-

[conradsfate]

i had these letters. i got so fed up with anwering them i just filed every letter after in a drawer and gave no response as they defaulted on my cca.

have not heard anything since and that was since feb last year

[ODC]

Basically its RWC saying they have diddly squat but that you should pay them anyhow. Have you made an Official Complaint to them. They are in serious breach of OFT rules on Debt Collection and need a good slap, legally of course