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Robinson Way Out!

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  • Robinson Way Out!

    I am hopping mad and Very frustrated!

    Tonight I arrived home to a letter from hmcs Notice of Service by the Bailiff!
    Robinson Way & co Ltd vs Me. The threat is of a 14 day prison sentence and or an attachment of earnings I have 8 days to respond.

    The story started over two years ago when I got into trouble with debt. I had a Sainsbury's credit card when they were throwing them at people like confetti and I foolishly got one. because of my dire straights, you know, eating was a luxury, I used the card for everything. I eventually came to a stop when I could not pay back even the smallest amount each month and went into default I did the usual head in the sand bit until I was taken to court. I offered £10 per month but my incomimgs showed I could not afford that so the judge made an order for £5 per month (nice understanding man).

    I have been paying this amount non stop since October 2007 to Horrowich Farraly but it was Robinson Way who took me to court (can't understand that). I have been getting a payment receipt every month. My original bill was for about £1834.22. I now owe £1993.22 in November 2008 and June 2009 I have been charged £130 in court fees for attachment of earnings. And then the bailiff turned up.

    Can someone answer my question, I have been paying non stop what the court has ordered me to pay but these companies seem to be able to go back to court and get these summary charges put on to my debt. The judge did not say in the order that the dca could conduct annual reviews and go back to court because the original order did not suit them (they did not want to accept the order).

    So I have 8 days, I have just started a new job but I am damned if I am going to offer any more money to these people! My next email may be from prison if they have such things inside.

    Any advice? I have had a sh...t year!

  • #2
    Re: Robinson Way Out!

    They can't send you to prison for non payment of cca debt.

    You had a court order for installments of £5 a month.
    You have paid these religiously.

    Did you receive any notice they were applying for a redetermination ?
    Have you had any paperwork from the court saying there has been redetermination ?
    Have you received any notification or request to complete forms for attachment of earnings ? Anything from court at all ? Anything from the company prior to this bailiff letter ?

    The amount rising in the period you have been paying will be interest, as many of these credit agreement debts are still allowed to add interest to the amount post judgment.

    If you can copy or type up the letter received that would be of help.(especially the bit about prison)

    Oh I think Horwich Farrelly are Robinson Ways in house legal people so paying them is paying Rob Way.


    (edit: just checked rob Ways website and ....
    • Legal lettering – contact is made pre-summons by our solicitors, Horwich Farrelly.
    • Litigation – in house dedicated legal collection team
    • so yes they are same people)
    Last edited by Amethyst; 15th October 2009, 20:22:PM. Reason: checked something
    #staysafestayhome

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    • #3
      Re: Robinson Way Out!

      Originally posted by LeMack View Post
      Tonight I arrived home to a letter from hmcs Notice of Service by the Bailiff!
      Robinson Way & co Ltd vs Me. The threat is of a 14 day prison sentence and or an attachment of earnings I have 8 days to respond.
      Is this exactly what it says?

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      • #4
        Re: Robinson Way Out!

        Hi Amethyst

        [Did you receive any notice they were applying for a redetermination ?
        Have you had any paperwork from the court saying there has been redetermination ?
        Have you received any notification or request to complete forms for attachment of earnings ? Anything from court at all ? Anything from the company prior to this bailiff letter ?]

        The answer to all the questions is no until today! and how can they redetermine?

        All I got were the monthly letters of receipts of payments which also offerred me a deal to make a one off final payment, you know, the usual thing when they have the person who pays.

        I think I am going to have to get ready for my day in court... again!

        Comment


        • #5
          Re: Robinson Way Out!

          Does http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf Section 2.4e. apply here?

          e. falsely implying or stating that failure to pay a debt is a criminal
          offence or that criminal proceedings will be brought
          They are acting as debt collection agents after all?
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          • #6
            Re: Robinson Way Out!

            Hi Amy, I am going to scan and post the letters so you can have a look. They make it quite scary!
            ------------------------------- merged -------------------------------
            Hi Tools, I am not sure what they are trying to imply. All I know is that I am paying a debt as laid down by law and they have tried to move the goal post.. to put it in layman's words. And I am about to lose sleep worrying!
            Last edited by LeMack; 15th October 2009, 21:53:PM. Reason: Automerged Doublepost

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