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Good morning, I need help with it ..... I now received a letter from Robinson Way (3rd DCA this time) Need advice with them that it's in process with FOS as the OC is unwilling to resolve the wrong amount of the debt. ...... 1.Wait for them to write to me again or ....... 2.Prove it letter or ...... 3.To inform them that it's dealing with FOS? Many Thanks.
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Re: Robinson Way
I'd go for prove it.
Have you already sent a request for a copy of the agreement?
What debt is this in relation to?
(Lender? Credit Card or Loan?)
How is it the wong amount of debt? -
Re: Robinson Way
Thanks for the reply, I haven't sent a request for a copy of agreement yet, the debt is relation to a loan. I claimed the PPI when I was out of work & it's doesn't show up in the statements when I received a copy of it from previous DCAs. Many thanksComment
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Re: Robinson Way
I'd do a full SAR to the OC for:
Agreement
Terms and conditions (original + any changes made)
All statements
All communications (phone calls, letters) in relation to the account
Default noticeComment
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Re: Robinson Way
Yes, I already got the full SAR but what do you mean about the default notice? ThanksComment
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Re: Robinson Way
They need to issue a default notice under the Consumer Credit Act 1974, Section 87, before they can demand early repayment of any sum (so if they ask for more than the standard monthly payments/arrears)
If they are demanding the full amount from you, they need to be able to show they have sent a default notice to youComment
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Re: Robinson Way
I don't recall receiving a default notice letter from OC but will dig out the paperwork when I get home. Thank youComment
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Re: Robinson Way
If you don't find it, get on to them for a copy
Assuming the debt hasnt been assigned to RW (as you mention them being the 3rd DCA), you need to get it from the OCComment
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Re: Robinson Way
Right, I can't find the letter of default notice, so will request for a copy from OC & do I also send a 'Prove it letter' to RW? Also received their 1st phone call this afternoon !! :tinysmile_cry_t: Thank you very much.Comment
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Re: Robinson Way
You might as well ask them, at the same time, to keep all contact with you in writing and particularly that you do not want them ever again to contact you by the electric telephone.Comment
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Re: Robinson Way
When was the loan taken out?
RW usually (in my experience ) send a few amusing letters then back off ..things like telemessage or in one case "where have we gone wrong" --I didn't have enough ink in my printer to answer that one
Maybe a CCA request to RW would shut them up for a bitComment
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Re: Robinson Way
One might be minded to reply that they went wrong by having survived infancy.Comment
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Re: Robinson Way
If it has been assigned, the OP should have received a Notice of Assignment. Robinson Way tend to act more often as a DCA rather than a debt purchaserOriginally posted by ncf355 View Post
From posts above, it looks like no CCA request was sent, I'd also suggest sending one, especially if the loan was taken out before April 2007... :thumb:Originally posted by jon1965 View PostComment
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Re: Robinson Way
See below for CCA request letter. It should be sent recorded delivery with a PO for £1, and signed using a computer font rather than your real signature. :thumb:
Dear Sirs,
Account or Reference No.:
I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, 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 (12 + 2 days).
If it is your view that you are not the creditor, s.175 of the CCA1974 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 Regulations 2008 (CPUTR).
In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:
- a copy of their agreement
- copies of some of the other documents mentioned in their agreement
- a statement of account
If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:
- make the debtor pay the debt before they're supposed to
- get a court judgment against the debtor
So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. 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 and then remove the incorrect entry from your systems.
I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.
Yours faithfully,Comment
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Re: Robinson Way
@ log1: My opinion is that you are a spammer and I've reported your post!
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