Eddownrobway vs Robinson Way & Co

[Eddownrobway07]

You need to CCA Robbers Way... I will go and get the link in a mo.

 

It costs £1.... send it by PO.... and don't sign it; type/print a signature on the bottom. Send it by rec. delivery... keep the receipt.

 

If they do not produce it within 12 working days from receipt, then you can legally withhold all further paynents until they can produce it and have it re-enforced in court. If they continue to pursue you one calendar month after this deadline... then they are in criminal default and should be reported to Trading Standards.

 

 

Hi PriorityOne,

 

Could I ask your advice, i wrote to rob way asking for CCA on 20aug07, they acknowleged the request on 31aug07. then on 24sep07 they wrote telling me it was to passed to thier sols due to non payment so i complained to trading standards. then on 30oct07 i recieved from rob way a copy of my original credit card application to xxxxxbank from 2002. as i had applied for the card by post originally i am not sure there actually is a CCA and am wondering if what they have sent is enough for them to prove the debt exists? they have since sent an appology letter (for passing to sols i think) giving me 2 weeks to respond to what they have provided.

 

Can you tell me what the CCA should look like? they have also reffered to it as "my signed agreement" not Consumer Credit Agreement , from thier appology letter they seem to be pretty confident in being able to prove the debt exists? i would like to write back saying that what they have sent is not a "CCA" but not sure if i should?

 

please help?

 

thanks

 

DownEm

[PriorityOne]

From their apology, I would be inclined to think that they're hoping you don't know the difference between an Application and a CCA.... since if they had an enforceable CCA, they would have sent that to you instead. While they may be able to show that a debt exists, without a CCA... they won't be able to successfully re-enforce payment through the courts.

 

Suggested letter (by rec. delivery) would be...

 

 

Dear xxxx

 

Ref : xxxx

 

Thank you for your letter of xx/xx/2007, together with enclosed paperwork.

 

The document that you have supplied however, is an Application Form and not a Consumer Credit Agreement, as requested under the Consumer Credit Act, 1974. As such, the account remains in dispute, is unenforceable and no further action can be taken until such times as you are able to comply with a legal request.

 

For your information, this includes the following :

 

You/your “client” may not demand any payment on the account, nor am I obliged to offer any payment to you.

 

You/your “client” may not add any further interest or charges to the account.

 

You/your “client” may not pass the account to any third party.

 

You/your “client” may not register any information in respect of the account with any of the credit reference agencies.

 

You/your “client” may not issue a default notice related to the account.

 

I trust this clarifies your position and mine.

 

Yours sincerely/faithfully,

 

[Eddownrobway07]

thanks PriorityOne, will get that off R/C on Mon

 

have a good weekend!

 

cheers

 

DownEm