Robinson Way - incomplete documents received after a year, what to do next?

[grindking2002]

Hi, hoping someone may have encountered this or know the next steps.

On behalf of a family member I've been dealing with Robinson Way's letters for the last 18 months to do with an old HSBC debt (2008) that was sold and resold.

Just over a year ago I sent the normal request for proof of debt/documents and heard nothing back. Last week they've sent duplicate statements of the HSBC loan account which shows the outstanding balance in 2008 and then the account being closed, a personal account, and standard HSBC terms for a current account but nothing else.

Is this considered enough to have to start entering into a payment plan or similar? I was under the impression they needed to produce original documents and proof of ownership of the debt (Hoist I believe now)?

Thanks in advance

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Hi grindking2002 & welcome to LB.

Was the account terminated in 2008?
If so, has there been any payments by the alleged debtor towards the account, or any written acknowledgement of the debt (either by the alleged debtor or by someone with the written consent of the alleged debtor)?

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Thanks for the quick response.

No payments, account was closed 13th June 2008, but family member seems to recall acknowledging the debt might be theirs over the phone a few years ago to a different debt collector - we aren't 100% certain.

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Thanks for the quick response.

No payments, account was closed 13th June 2008, but family member seems to recall acknowledging the debt might be theirs over the phone a few years ago to a different debt collector - we aren't 100% certain.

Doesn't count!
The acknowledgement must be in writing.
http://www.legislation.gov.uk/ukpga/1980/58/section/30

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Doesn't count!
The acknowledgement must be in writing.
http://www.legislation.gov.uk/ukpga/1980/58/section/30

I'm getting them to rifle through their file of papers but as far as I can see nothing confirming the debt or otherwise, just requests to provide the right documentation.

Then now, a year after last request they've sent just copies of statements and the standard HSBC terms and conditions, nothing signed or formal around the loan account other than showing it was closed with a balance of around 20k outstanding.

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Was this a loan agreement or was it an bank account/overdraft?

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Was this a loan agreement or was it an bank account/overdraft?

It was a loan agreement

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Just over a year ago I sent the normal request for proof of debt/documents and heard nothing back.

Was this a s77 CCA request c/w the £1 fee; if so, to whom was it sent & is there proof of postage?

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

It was a s77 although proof of postage has since been lost. They confirmed receipt however they never cashed the fee and have subsequently never asked for a fee to cover the formal request.

Am I right in thinking might have to re-request this formally with the £1 postal order?

Also, many thanks for the help so far.

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

It was a s77 although proof of postage has since been lost. They confirmed receipt however they never cashed the fee and have subsequently never asked for a fee to cover the formal request.
Who are 'they'?

Am I right in thinking might have to re-request this formally with the £1 postal order?
Possibly.

Also, many thanks for the help so far.
You're welcome.

A £20k claim will probably be Fast Track* territory, so you need to proceed with caution.
*(Should it come to litigation, that is).

[warwick65]

Re: Robinson Way - incomplete documents received after a year, what to do next?

It is up to them if they cashed the fee or not and right now I would not send another CCA request as they are in default of the one you did send. It is a shame the POD has been lost, is there still a copy of the original letter?

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

"They" - Robinson Way on behalf of Hoist.

Trying to dig out original s77 letter but struggling as I didn't sort that one out so I only have the formal letter I wrote following it up to get them to acknowledge it and request the documentation.

If I can't find a copy, I expect next option in response to them is to again ask for the original loan agreement or a copy of rather than just copy of bank statements?

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

The CCA request must go to Hoist if Hoist are claiming to have replaced HSBC as the new 'owner' of the alleged debt.

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Both were contacted to request/chase the documents - with regards to the s77 I can't find the copy so am unsure who that went to but I've always copied correspondence to both.

Thinking another letter requesting copy of the loan agreement to both and then s77 if they don't move?

[warwick65]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Hi again

I didn't realise it was a 20K debt- that might change things and yes you do need to proceed very carefully
[MENTION=87380]Diana M[/MENTION]