Robinson Way Debt Collectors

[CleverClogs]

Re: Robinson Way Debt Collectors

I wish to avoid a ccj if one has not been issued already by the said bank.

Despite recent changes to the civil courts, banks are still not allowed to usurp the roles of a County Court or a District Judge. :grin:

[FlamingParrot]

Re: Robinson Way Debt Collectors

I will get the prove it letter out to them tomorrow. Thanks for your advise. I fear I will have to bite the bullet but I certainly want to make them work for.

What do you mean by that? :noidea: This is nearly SBd! :clock: :clock:

I wish to avoid a ccj if one has not been issued already by the said bank. I would like to apply for a mortgage at some point.

I will reply here with their response for reference.

If there was a CCJ, they wouldn't be unleashing Robbers Way, would they? However, if you want to be sure, you can search for CCJs here: http://www.trustonline.org.uk/search-yourself :thumb:

[modder]

Re: Robinson Way Debt Collectors

[QUOTE=FlamingParrot;406471]What do you mean by that? :noidea: This is nearly SBd! :clock: :clock:

Hi FlamingParrot,

Do you think I will be able to dispute this until it becomes Statue barred? Do I send the prove it letter anyway and just try to keep it in dispute until enough time passes?

It's hard to know when it will become SBd, but i guess if they have enough evidence/documentation they may be able to outline the banks initial request.

Thanks

[modder]

Re: Robinson Way Debt Collectors

Which would be the best letter to ask them to prove it, there seem to be some elaborate versions:

Simple or elaborate?



Dear Sirs

Account No/Reference No: XXXXXXXX
You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

Yours faithfully,

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Dear XXXX

Alleged Debt to XXXX - Client Ref: XXXX

I acknowledge receipt of your recent letters, demanding money and threatening me with litigation.

If I am to treat your demand with any seriousness at all, then I must insist that you arrange for the Original Creditor - allegedly and presumably XXXX - to DIRECTLY provide me with FULL details of this alleged debt, along with a proper Notice of Assignation of the same to yourselves.

If you are indeed a legitimate DCA, then I am sure that you will be aware that this is not just a matter of common courtesy - but is a legal requirement. Until such time as you can supply clear proof that this alleged debt exists and is lawfully enforceable, AND that you have been lawfully and properly authorised to pursue it, then I would politely – but firmly - suggest that you refrain from threatening me with litigation.

Should you attempt to pursue this matter through the courts, then please be aware that the court will require certain pre-action protocols to be observed. This includes viewing the conduct of all parties in the matter prior to the claim being submitted. I am not sure that the court would view the conduct of your client or yourselves thus far in a very favourable light.

As things stand, I have no indication of what this sum of money is for, nor whether you have any authority to request it from me. I am sure, therefore, that you will see that the only sensible action I can take is to treat your claim as fraudulent, which – incidentally – is why your original letter was treated with the contempt it appeared to deserve, and was simply ignored.

I appreciate that you may well be doing a difficult job with the sincerest of intentions. However, I must ask you to similarly appreciate that there are a great many fraudulent operations in the field of Debt Recovery, and that I must - with all due respect - assume that your demand is fraudulent. Therefore, unless and until you can provide the lawfully-required documentation to support your claim WITHIN 14 DAYS of the date of this letter, it will be deemed by default that you have confirmed your abandonment of this pursuit.

I am sorry to have to take this stance with you, but I have been defrauded before, and am so much the wiser for that. Please be advised that further unlawful attempts to obtain money from me will be referred to the Police as fraudulent.

Yours sincerely

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[FlamingParrot]

Re: Robinson Way Debt Collectors

Do you think I will be able to dispute this until it becomes Statue barred? Do I send the prove it letter anyway and just try to keep it in dispute until enough time passes?

I can't tell exactly what the outcome will be, but if you send them the letter, they will have to supply you with some documents, which they may find hard to obtain. Debt purchasers buy debts in bulk without paperwork, so they'll have to go back to the bank to obtain any documents, that could take some time. :clock: :clock:

It's hard to know when it will become SBd, but i guess if they have enough evidence/documentation they may be able to outline the banks initial request.

At this stage, you're just asking them to prove you owe them anything, not that the debt is not SBd. :tinysmile_twink_t2:

As for the prove it letter, I'd be inclined to send the "simplified" version (the top one). :thumb:

[modder]

Re: Robinson Way Debt Collectors

Thanks again, will shoot the simply prove it letter in the post today.

Knowledge is certainly power, hoping they cant find anything to prove or get anything from the bank.

[FlamingParrot]

Re: Robinson Way Debt Collectors

Thanks again, will shoot the simply prove it letter in the post today.

Knowledge is certainly power, hoping they cant find anything to prove or get anything from the bank.

After all these years, they may struggle. It could well take some time before Santander (who are not the most organised of banks) responds to them. One thing I note is that you say you had an account with the Abbey, how long ago was that? Because Santander bought Abbey National in 2004, it would have been run by Santander in 2008.

[CleverClogs]

Re: Robinson Way Debt Collectors

i guess if they have enough evidence/documentation they may be able to outline the banks initial request.

If my aunt had been born with testicles, she'd have been my uncle.

[modder]

Re: Robinson Way Debt Collectors

After all these years, they may struggle. It could well take some time before Santander (who are not the most organised of banks) responds to them. One thing I note is that you say you had an account with the Abbey, how long ago was that? Because Santander bought Abbey National in 2004, it would have been run by Santander in 2008.

I can see your point about the Abbey / Santander switch. I stopped using the account around July 2008 and left it as is, hopefully my docs got lost in the transition. Lets see how they get on.

Another questions, could i use the elaborate prove it letter in this case? I.e. give them 14 days to respond or is this legally not possible? Is there a way to pin them to a timescale that can really throw a spanner in the works for them?

Thank you for all your input, you're legends.

[modder]

Re: Robinson Way Debt Collectors

Hi Guys

Got a reply in the post today, what a weak reply. It reads as follows.

Thank you for your recent contact. Please be advised this account relates to Santander Bank Plc and it was opened on the 21st Dec 2001. Please contact us if you require further information regarding this account. We trust this resolves your query and we now require your affordable payment offer within the next 14 days.
END.

Well this is not proof of any sorts. How could I respond to this weak letter. I can only assume they do not have anything on me.

Also someone explained that they must realistically show my signed contract with abbey. But are they legally allowed access to a contract between me and a bank!

[FlamingParrot]

Re: Robinson Way Debt Collectors

Hi Guys

Got a reply in the post today, what a weak reply. It reads as follows.

Thank you for your recent contact. Please be advised this account relates to Santander Bank Plc and it was opened on the 21st Dec 2001. Please contact us if you require further information regarding this account. We trust this resolves your query and we now require your affordable payment offer within the next 14 days.
END.

Well this is not proof of any sorts. How could I respond to this weak letter. I can only assume they do not have anything on me.

Also someone explained that they must realistically show my signed contract with abbey. But are they legally allowed access to a contract between me and a bank!

Was this a current account? Of course they are allowed to obtain a copy of documents between you and the bank, if they weren't, DCAs and debt purchasers would never be able to respond to CCA and CPR requests.

As they have not supplied you with any proof, I'd just wait for their next letter (if any). When they write to you, do post up here. :typing:

[modder]

Re: Robinson Way Debt Collectors

Hi flaming Parrot

Yes it was a current account.

Should I just wait for their further correspondence or send them another letter asking for some real proof of documentation?

[FlamingParrot]

Re: Robinson Way Debt Collectors

Hi flaming Parrot

Yes it was a current account.

Should I just wait for their further correspondence or send them another letter asking for some real proof of documentation?

I'd just wait to hear from them. :thumb:

[mbtstars]

Re: Robinson Way Debt Collectors

hello

[modder]

Re: Robinson Way Debt Collectors

I'd just wait to hear from them. :thumb:

Hi FlamingParrot,

It took them a while but they did eventually write to me again threatening a door visit as i have not replied.

They have failed to prove that the debt exists, the last letter they sent was a two liner stating the account number and a date!

What would you advise as a counter to this latest tactic.

PS> I hear a law changed in the UK over the weekend forbidding forceful debt collection practices.