MONKEYMOO COURT CLAIM THREAD

[monkeymoo]

Thanks for the advice [MENTION=55034]nemesis45[/MENTION]. I will compose a letter and send it off to them tomorrow.

I am in the same situation as you. Just wondering if you ever had a reply off them, or what the outcome was?

[Sleeplessnights]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Hi [MENTION=95567]monkeymoo[/MENTION], I have had a letter back confirming receipt of my original letter, then a while later another letter saying that they were still trying to gather the information requested, but nothing more since. I would recommend that anyone receiving a letter like that, threatening legal action, responds with the requests for information as outlined above.

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

I am about to draft and send the above letter. Is that all I need to send?

[nemesis45]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

I am about to draft and send the above letter. Is that all I need to send?

Hi MM ,

Post a copy of your letter here before posting so we can be sure it's not going to cause you any problems.

nem

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Hi MM ,

Post a copy of your letter here before posting so we can be sure it's not going to cause you any problems.

nem

[MENTION=55034]nemesis45[/MENTION]

Dear Sirs,

Your ref:#######

Thank you for your letter dated 08/12/2016 to which Ireceived 16/12/2016. As theletter contains a threat of litigation,it is being treated as a formal letterbefore action. As such, I refer you to paragraph 1 of the Practice DirectionPre-Action Conduct, which states the purpose of such a letter is to"enable the parties to settle the issues between them" and toencourage the parties to "exchange information".

Paragraph 2.2 (1) of Annex A states you have an obligation to "list theessential documents on which the Claimant intends to rely". I could notidentify such a list in your letter, please list the documents so I can seeyour case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to "request further information toenable me to provide a full response". My request is a request fordocuments as the information I require would come from those documents.Paragraph 5.1 of Annex A states that you should "provide the documentsrequested within as short a period of time as is practicable or explain inwriting why the documents will not be provided".

I require copies of the following:

The Original Credit Agreement;
The Default Notice;
The Termination Notice;
The Notice of Assignment;
Statements of Account;

These documents would be expected to be supplied if proceedings were issued andwould likely be in your possession if you were issuing a claim. If you considerthat there is difficulty in providing a copy of a document, please identifythat document and the reason. Additionally, there is a duty to supply documentsunder the Consumer Credit Act 1974. A request has been made under s.77-79 on20/12/2016 and I am awaiting a response.

Please take note that the enclosed Postal Order Number: ##### is for thestatutory fee of £1.00 required for my request made under the provisions ofsections 77/78 of CCA 1974.

If this fee is not required for the request it must be returned to meforthwith, it must not be allocated to the alleged debt as a payment.

I shall be able to provide you with a full response to your letter within 14days of receipt of the documents listed above and also reserve the right torefer to the contents of this letter if proceedings are issued without firstproviding copy documents to me.

Yours faithfully

[nemesis45]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Good!

Just as precaution so as they cannot claim any acknowledgment add " I do not acknowledge any liability for the alleged debt.

nem

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Good!

Just as precaution so as they cannot claim any acknowledgment add " I do not acknowledge any liability for the alleged debt.

nem

Received a letter today from Robinson way that they have allocated the £1 debt to the account despite my letter saying not to.....what should I do?

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Good!

Just as precaution so as they cannot claim any acknowledgment add " I do not acknowledge any liability for the alleged debt.

nem

Received a letter today from Robinson way that they have allocated the £1 debt to the account despite my letter saying not to.....what should I do?

[MIKE770]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

keep that letter for reference in any proceedings

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

Received a letter today from Robinson way that they have allocated the £1 debt to the account despite my letter saying not to.....what should I do

You don't need to do anything.

You've sent a valid CCA Request and that letter acknowledges the fact that they've received it.

Di

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

keep that letter for reference in any proceedings

But surely this has reset the time frame for statue barred?

[nemesis45]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

[QUOTE=monkeymoo;699527]Received a letter today from Robinson way that they have allocated the £1 debt to the account despite my letter saying not to.....what should I do?

Personally I would write a formal complaint to Najib Nathoo the CEO of Robinson Way and make a report for information only to the FCA.

Problems with the payment being allocated to the account is that IF a debt was close to being statute barred RW would claim that the payment has reset the 6 year clock.

nem

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[MIKE770]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

no if they tried that they would fail on your evidence

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Email	Najib.Nathoo@robinson-way.com

Email	Najib.Nathoo@robinson-way.com

[Diana M]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

But surely this has reset the time frame for statue barred?

No it hasn't as Mike770 has said.

I would do nothing now that you've protected your legal position.

If you make a complaint to the head of Robinson Way you may be singled out for attention which could be instructions to Howard Cohen to issue a county court summons at the click of a mouse.

Keep your head down if I were you

Di

[monkeymoo]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

So I just ignore it? even though the £1 postal order says not to allocate it to the debt but to use for the request?

[MIKE770]

Re: Hello, Advice Please Re Howard Cohen/Robinson Way Letter Threatening Legal Action

yes for now