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Robinson Way & co - no cca but still chasing


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Hi, any advice much appreciated

I CCA'd Robinson way and today got two letter froms them, the first sending my payment back with a note saying there is no signed agreement available dated 6/9/07 and the second letter entitled " DO NOT IGNORE THIS NOTICE" which goes on to say documents are being prepared and court action may be taken etc etc dated 10/9/07.

 

Bit confused - they have in effect admitted that they do not have the CCA (so I am assuming they cannot chase the debt) by what they say in their reposnse and returning my £1 cheque then I get a letter dated after the first letter threatening court action.:confused:

 

Any ideas please? :)

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Robinson Way are almost certainly trying it on. If they wanted to go to Court you have a cast-iron defence in their failure to supply the agreement.

 

Send them a letter of complaint stating that as they have failed to comply with your formal request for a copy of the agreement, they are not entitled to enforce the debt; furthermore, as it's more than 12 + 30 days, they have committed an offence. Since the debt is clearly disputed, they are also in breach of the OFT Guidelines, which considers continuing collection activity whilts a debt is disputed to be an unfair practice. Report them to Trading Standards (they are well known to Manchester TS), and when their unsatisfactory reply arrives escalate it to FOS.

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Hi once they pass the 12+2 working days they are in default on your CCA request and cannot enforce the debt until they comply. I they keep trying to enforce then send them the no agreement bog off letter.

 

all the best dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Hi it's the same thing this is copy of the one I amended to use for myself

 

Dear Sir or Madam

 

Re: my request under the Consumer Credit Act 1974

 

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding.

I still require you to send me a true copy of the original credit agreement that you allege exists. 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.

 

You had until DATE (12+ 2)to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account 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. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

You now have until DATE(the 30 days) to comply with my request. Should you fail to provide me with a true copy of a properly executed credit agreement by this date, you will have committed a criminal offense and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I look forward to your reply.

 

Yours faithfully

They will probably just ignore this but at least you tried I am taking MBNA to court to stop them and get back charges etc.

all the best dpick

  • Haha 1

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Doubtless you will get the standard RWC response that they have bought the rights but not the duties and then they will ramble on about the Law of Property Act 1925

 

These are easy arguments to dismiss and come back here when you get your response from Robberscum Way

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Thanks ODC - I seem to have found a new home ;) - so many DCA's, so may CCA requests, so many different responses - thee mind boggles. If only the original creditors took our different circumstances (My husband has recently been diagnosed with bowel cancer but all seems to be going well at the moment) into account and let us pay what we could afford. But no, at the first sign of trouble, off they go and pass the debts to the ruthless DCA's, whose tactics are disgusting to say the least - sorry rambling now......................

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  • 4 weeks later...

More responses

 

1. dated 29/09/07 - offering a reduced settlement gigure - I only have to pay 66% - eh, no I dont - you haven't supplied a CCA and have admiited there isnt one

 

2. A letter from Horwich Farrelly Solicitors dated 2/10/07- whose address funnily enough - is the same as Robinson Way. This letter states court action may be taken against you unless a) Full payment is received within 7 days or b) a substantial payment together with acceptable proposals for settlement of the balance.

 

UMM, now, what I am supposed to do :rolleyes: I know - tell them to take a running jump.

 

On a serious note though, should I expect more of the same? Are they ever going to go away?

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Here's a nice letter for HF.

Edit as required:

 

Account In Dispute

 

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

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); received by XX DCA XX on xx/xx. 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 XXX DCA XX 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,

Be VERY careful whose advice you listen too

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How old is the alleged debt? Are we in statute barred territory yet?

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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As RWC have admitted there is no CCA then there is nothing they can do and they know it. Of course they are so stupid they send you a threatogram supposedly from HF. Perhaps if you asked HF for details of their complaints procedure and informed them of your intention to report their behaviour to the Society of Solicitors it may stop RW sending out these computer generated threatomatics purporting to be from HF

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REGARDING:

Doubtless you will get the standard RWC response that they have bought the rights but not the duties and then they will ramble on about the Law of Property Act 1925

 

These are easy arguments to dismiss and come back here when you get your response from Robberscum Way

HOW.... Coz this is the response i got, 2 with no agreements and one today for a cap1 account in dispute due to charges..this one curlyben has kindly written a letter for me, but i was wondering about the ones without signed agreements (they sent cheques back..signed by partner.... and stated on headed compliments paper no signed agreements).though since july i have still been getting .we want payment'

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