Eddownrobway vs Robinson Way & Co

[Eddownrobway07]

hi all,

 

having just had another "local representative" letter the other day, I sent this to our chums this morning:

 

1) Offer In Full and Final Settlement

 

In response to your letter of ** July 2007 I sent a written offer of £150 to settle the account in full and final settlement. I subsequently received your letter of 31 July 2007 inviting me to make an offer in full and final settlement of the account. I then phoned your office and learnt that you had declined my offer of £150, but was told that you would accept £400; I asked you put that in writing, which you did in your letter of August 2007. Unfortunately this letter makes it clear that you do not regard this sum as full and final settlement and this was confirmed in our telephone conversation of August 2007.

 

I am unable to make any such payment to you until I have your written assurance that this would be full and final settlement of the account.

 

2) Communication

 

Your letter of July 2007 is misguided in suggesting that I have failed to reply to your letters. A look at my file will show that there is a regular and prompt response. I can assure you that I shall always respond to your letters.

 

However since the conclusions of our phone calls do not correspond to what you subsequently put in writing, I see no purpose in communication by telephone. The fact that you use an exorbitant 0870 telephone number also discourages me from calling you. For these reasons, I trust that all future communications will be by letter.

 

 

 

3) Local Representative

 

I note from your correspondence that your local Representative has called at my home on several occasions. This is entirely unnecessary since you are well aware of my position from my letters and our telephone conversations. As there is no conceivable role (other than intimidation) which your local representative can fulfil by calling at my home, I would regard any further such visit as harassment and I will not hesitate to seek a County Court Order to prevent this.

 

Please send me the name, address and local phone number of your local Representative. I can then contact him to arrange a mutually convenient meeting place if you give me advanced notification of any aspects which you wish me to discuss with him.

 

4) Bank Charges

 

You are fully aware of my dispute regarding the £300 of bank charges added to my account by Barclaycard. The legality of these charges is now being considered in the High Court. Until this point reaches a final ruling, I suggest that we place this amount of £300 “on-hold”.

 

5) Capital Repayment

 

Since you have reneged on our agreement to settle this debt once and for all, I propose to recommence making monthly payments to you. Due to recent increases in rent I am able to pay £10 per month.

 

6) Please confirm the following:

 

1) That you will not accept £400 in full and final settlement.

2) You will not send any local Representative(s) to visit me at home.

3) You will put the £300 of bank charges on hold.

4) You will accept £10 per month as capital repayment as per our previous agreement.

 

 

Yours Sincerely,

 

 

 

 

 

 

 

c.c. Customer Relations, Barclays Bank PLC, 1 Churchill Place, FREEPOST

RTLA-CSUE-TCHC, London E14 5HP

c.c. Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR

c.c. Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX

 

i'm looking forward to the reply, i wonder if someone is actually gonna sit down and type out a letter? any bets .....

 

Can anyone advise me of how to get my repayments down to £1 per week???

 

best wishes

 

DownEm

Eddownrobway

 

You need to start your own thread on this.

 

What type of debt is it?

 

HAVE YOU cca'D THESE ****?

 

 

hi clutchingatstraws,

 

did try to set my own thread, but have not worked it out yet - but will keep trying!

 

re my account, it was from an old sharkleycard credit card, was alot younger and stupid back then and run up a £3500 debt which never got paid, it was passed to RMA and I didn't pay them either so ended up with you know who...

 

Up untill bank charges issue came up, I had been paying of at £50 pm and balance is now £1500, but this balance is in dispute as £300 of the money owed is bank charges. I guess I could just go after Barclays for the charges to be refunded but I enjoy irritating RWC so have gone after them for the charges to be removed from the total debt.

 

I'll be honest and admit I don't know quite as much about this sort of thing as some others on the site and do not really know what the score is in my situation. I just want rid of the debt for good as it the last debt I have! But would be delighted if I could find a way of not paying at all?

 

any advice greatly appreciated?!

 

kind regards

 

Edd

[Eddownrobway07]

sorry - no, have not CCA'd yet

[PriorityOne]

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.

[PriorityOne]

Creditors and DCAs - Letter Templates & Budget Planner

 

Scroll down to Letter N

 

[Eddownrobway07]

Thanks PriorityOne

have saved a draft, I think they can supply a copy but will send the letter anyway, cant hurt.

Can you explain why it should go unsigned?

thx again - have you "knocked them"?

[gizmo111]

But would be delighted if I could find a way of not paying at all?

 

any advice greatly appreciated?!

 

Sorry CAG does not condone or offer advise on debt avoidance.

[PriorityOne]

 

Can you explain why it should go unsigned?

 

thx again - have you "knocked them"?

 

 

Unsigned... just in case they haven't got a CCA... but decide to scan your sig. onto one. I haven't experienced this myself, but have read that others have suspected it of going on.

 

I have "knocked them" in the sense that 2 of mine have not had a CCA... therefore payments were stopped around 7 months ago. Others on here have had similar success. I am hoping for similar success with the rest... all in good time though.

 

[Eddownrobway07]

hi all,

 

Re CCA's - this how I am interpretating things, if they cannot provide a copy of your CCA after 12 days you may lawfully cease payments on the account and subsequently reclaim all monies paid to RWC as they cannot prove the debt exists?

 

However, in my case where I have been sent copies of the credit card statements as was looking to have the charges refunded, do these statements alone prove i have had/spent the money and therefore are enough proof of the debt?

 

thanks

 

DownEm

[PriorityOne]

hi all,

 

Re CCA's - this how I am interpretating things, if they cannot provide a copy of your CCA after 12 days you may lawfully cease payments on the account and subsequently reclaim all monies paid to RWC as they cannot prove the debt exists?

 

You can cease any further payments, but re-claiming would require you to go to court, where they would more than likely claim that payments were made voluntarily... and land you with a bill for costs.

 

However, in my case where I have been sent copies of the credit card statements as was looking to have the charges refunded, do these statements alone prove i have had/spent the money and therefore are enough proof of the debt?

 

They would need the CCA to re-enforce it in court... and that is the point. If they haven't got it, then there's nothing to re-enforce.

 

thanks

 

DownEm

 

[Eddownrobway07]

thanks again PriorityOne

 

i think they can provide a copy, some months ago (when I was less aware of my options!) RWC sent a dodgy looking photocopy of my credit agreement signiture, I did know what to make of it as I had not requested it, i was sure i had kept it but alas have been unable to find it (turned the place upside down!) so althought i will write asking for a copy, I suspect they can provide it.

 

DownEm

[Eddownrobway07]

Sorry CAG does not condone or offer advise on debt avoidance.

But would be delighted if I could find a way of not paying at all?

 

one would think it obvious that the way the sentance has been composed implies legally !

 

jobsworth

[PriorityOne]

thanks again PriorityOne

 

i think they can provide a copy, some months ago (when I was less aware of my options!) RWC sent a dodgy looking photocopy of my credit agreement signiture, I did know what to make of it as I had not requested it, i was sure i had kept it but alas have been unable to find it (turned the place upside down!) so althought i will write asking for a copy, I suspect they can provide it.

 

DownEm

 

This may not be a Credit Agreement though.... a lot of DCAs try to fob you off with Application Forms, in the hope that you will think they're enforceable. If you get something back, let us know.

 

[Eddownrobway07]

thanks PriorityOne,

 

Will post it today - will keep you updated

 

Kind Reagrds

[NitrousOxide]

But would be delighted if I could find a way of not paying at all?

 

one would think it obvious that the way the sentance has been composed implies legally !

 

jobsworth

That was a bit harsh, she is after all a moderator.

[gizmo111]

That was a bit harsh, he is after all a moderator.

 

 

She is indeed;)

[PriorityOne]

However... when creditors, etc. show no morality with the application of unlawful charges, incorrect/missing paperwork and so on, then they shouldn't expect any morality from us when circumstances turn around and slap them in the face.... IMO.

[NitrousOxide]

However... when creditors, etc. show no morality with the application of unlawful charges, then they shouldn't expect any morality from us IMO.

I totally agree with you and have just posted about my experiences in another thread.

How can I put this....

Follow the advice given and if at the end of it you get a "we will take no further action" letter then you have a result.

Just don't say things like "I don't want to pay my debts, should I CCA them?".

Damnit it's gone off topic now. This isn't why I was going to post.

[NitrousOxide]

Unsigned... just in case they haven't got a CCA... but decide to scan your sig. onto one. I haven't experienced this myself, but have read that others have suspected it of going on.

 

I have "knocked them" in the sense that 2 of mine have not had a CCA... therefore payments were stopped around 7 months ago. Others on here have had similar success. I am hoping for similar success with the rest... all in good time though.

 

Not to blow my own trumpet but my thread could maybe use a sticky?

I've had quite good feedback about it.

Anyway hope THIS helps Edd.

[Eddownrobway07]

Not to blow my own trumpet but my thread could maybe use a sticky?

I've had quite good feedback about it.

Anyway hope THIS helps Edd.

 

thanks NitrousOxide

 

will be using a digital sig from now on.

 

Re non payment, I have paid off several thousands of pounds over the last few years or so without any complaint from me, however when it comes to this particular bunch of cowboys - they can F**K RIGHT O*F !!!

 

thx again

 

Edd

[Eddownrobway07]

Hi PriorityOne,

 

* of mine have not had a CCA... therefore payments were stopped around * months ago. Others on here have had similar success. I am hoping for similar success with the rest... all in good time though.

 

 

Do you know if any of these appear on your credit score?

[PriorityOne]

Mine were so old that any default would have dropped off long ago. They only stay on your Credit File for 6 years.

 

It might be worth getting a copy of your Credit File from the main 3.... Experian, Equifax & Call Credit.... just to see what's on there.

 

[Eddownrobway07]

cheers,

 

have wanted to for a while now, just worried what it will show!

 

[Eddownrobway07]

HI Everyone,

 

Quick update on our pals at Quays Reach in case anyone experiencing similar issues with them?

 

A few months ago they sent (unrequested) a very dodgy looking copy of my initial credit card application form for sharkleycard from 2002, it is my belief this was sent to put me off asking for a copy of my CCA. It was sent in a hand writen envelope 2nd class (natually), there was an undated comp slip attached saying "please find enclosed a copy of your signed agreement"

 

I have not requested my CCA yet but will be writing the letter this eve, I wonder if they will be able to accomodate my request?

 

I took the opportunity to visit my local Trading Standards Dept this afternoon to deliver my complaint about RWC reneging on thier agreements of payments / F&F S, and sending round "Local Representatives" to my home whilst they had been fully informed of my situation. RWC have been copied in.

 

Thats all for now

 

Best Regards

 

DownEm

[Eddownrobway07]

hi everyone,

 

here are the latest developments:

 

as above made a complaint about "local representatives" having called at my home whilst acc was on hold to trading standards, oft, local council & fso , oft have written to me asking for my permision to forward my complaint/personal details to rwc so they can begin licensing action against them, they will only take action if i agree.

 

has anyone else rec'd a similar request from oft? the more complaints they recieve the better the chances of having thier licence revoked!

 

they state "it is unlikley that a licence would be revoked on the strenght of one complaint." but they also state "where we have strong evidence that unfair business practices have occured, we may take steps to revoke or refuse the licence of the business in question" "however if we are to do this we need to take into account factors such as the number of complaints recieved, how recent they are and how well evidenced."

 

if anyone has any documented evidence, please forward a complaint to oft !

 

 

Kind Regards,

 

DownEm

[PriorityOne]

I had something similar in relation to a different DCA.... and gave my consent. Another name towards a stack of complaints, no doubt... but when they have enough, I assume that something can/will be done.