Robinson way asking for medical details

[astraldream]

I recently sent off an I/E form to Robinson way who have a debt for a catalogue i owe to. I explained that i am currently under the doctor due to depression etc and i can afford to pay them only a minimal payment per month. I offered £1 a month and i know they think this is me taking the mick but genuinely that is all i can give.

After weeks of waiting to hear back they have wrote to me to send them a doctors letter explaining my condition. Can they ask for this? Firstly it will cost me and secondly do they have the right to ask? Can i just provide my doctors details and say they can ask themselves?

[ploddertom]

Re: Robinson way asking for medical details

They can ask all they want but there is no compulsion for you to provide any details either medical or financial to them. If it were me I would file all their correspondence into the round receptacle. If I were going to pay anyone it would be the original creditor, have you checked to make sure they have an enforceable agreement & also to see if there are any charges or ppi that have been placed on your account.

[astraldream]

Re: Robinson way asking for medical details

They can ask all they want but there is no compulsion for you to provide any details either medical or financial to them. If it were me I would file all their correspondence into the round receptacle. If I were going to pay anyone it would be the original creditor, have you checked to make sure they have an enforceable agreement & also to see if there are any charges or ppi that have been placed on your account.

I haven't checked no, i am still new to all this rather than my normal tactic of burying my head in the sand and getting in more trouble.

Who do i approach and what do i ask?

I do know my outstanding debt currently is around 350 but i would say at least 180 ish of that is interest the catalogue has already added on.

[ploddertom]

Re: Robinson way asking for medical details

I'm no expert on CCA requests but hope someone else more versed in these will come along. The basics to it are that you write asking them to provide a copy of the original signed Credit Agreement and you enclose the statutory payment of £1 - making sure you include something like "this payment is not to be used for any other purpose". See what others say on this matter.

[labman]

Re: Robinson way asking for medical details

This is a rather nice one:

Dear Sir/Madam

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading[IMG]file:///C:/Users/Home/AppData/Local/Temp/msohtml1/01/clip_image001.gif[/IMG] Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

[astraldream]

Re: Robinson way asking for medical details

Thankyou,

Do you know if they have the right to demand full payment if i decline them my doctors notes? It seems very invasive to me? if it went to court how would they see it?

[labman]

Re: Robinson way asking for medical details

They have no right whatsoever to ask for any medical notes.

Given it is Robinson Way chasing a Catalogue Debt this is not correct procedure, obviously, but I'd be inclined to totally ignore it. :beagle:

[CleverClogs]

Re: Robinson way asking for medical details

Do you know if they have the right to demand full payment if i decline them my doctors notes? It seems very invasive to me? if it went to court how would they see it?

They can demand whatever they like, sed nemo dat quod non habet.

(That's the Latin for "If you ain't got it, they cannot have it".)

As for it going to court, I rather doubt it will; for one thing, most catalogue firms seemed to think that compliance with the Consumer Credit Act 1974 was optional.

[CleverClogs]

Re: Robinson way asking for medical details

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

The reference to s.77 should, of course, refer to section 78(6):

(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement

[ploddertom]

Re: Robinson way asking for medical details

Thankyou,

Do you know if they have the right to demand full payment if i decline them my doctors notes? It seems very invasive to me? if it went to court how would they see it?

Usually debts assigned to DCA's may be unenforceable, written off for tax purposes by the original creditor. If anyone should have taken you to Court it should have been the catalogue company, have you checked your credit history to see if it appears on there?

[labman]

Re: Robinson way asking for medical details

Usually debts assigned to DCA's may be unenforceable, written off for tax purposes by the original creditor. If anyone should have taken you to Court it should have been the catalogue company, have you checked your credit history to see if it appears on there?

I'm sure you meant 'Usually catalogue debts.....' or 'debts assigned to Robinson Way may be......'

Many assigned debts are perfectly enforceable, and increasingly result in court action in order to get a charge against a debtors property.

It depend on the type os assignment of course, but regardless of that, most are enforceable when assigned.