Robinson way

[larza]

Hi

I sent a CCA request off to this company back in June 2011 (see letter sent below). They kept sending letters to me saying they were trying to get the information but it has taken them a year now. This morning I received some documentation from them but all it is is a statment. No name on it, no reference numbers or anything. There is no signed credit agreement which I requested in my letter. They have given me 10 days to make payment.

The letter I sent is as follows:

Robinson Way Limited
London Scottish House
Quays Reach
Carolina Way
Salford
M50 2ZY
27th June 2011

To Whom It May Concern
Your reference: Ref


I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


Can anybody give me any advice on what my next step should be please.


Thanks

[Curlyben]

Re: Robinson way

HOLD FIRE and wait to see if they can be bothered to write to you again.

There is nothing to be gained in papering DCA's with CCA requests, in fact they can work to your detriment.
Should they communicate further then a simple Prove It letter goes a long way and firmly places the onus on them to demonstrate their lawful rights to this debt.
A copy can be found in the first link in my sigge, post #4.

[larza]

Re: Robinson way

Ok will do. Thanks Curlyben.

[larza]

Re: Robinson way

Hi Curlyben,

Today I received another letter from Robinson way this time with the signed credit agreement (A copy). They said in their letter "Please note if an original credit agreement was not available, under the Consumer Credit Acts a reconstituted copy may be provided".

They want settlement of the account within 10 days.

Your advice would be greatly appreciated as always.

Thanks