Robinson Way ignored CCA Still chasing me!

[Adamson]

Hello Everyone,

I am new posting to the site but I have had a lot of useful information here that has been invaluable to me in dealing with the stress of DCA's. The reason for my post now is that I need some advice and help in dealing with Robinson Way.

Quick Background:
About six months ago I got a lettter from Robinson Way claiming that a debt (£25,000) I allegedly owed to Santander some years back has been transferred to them and they were demanding payment. I ignored the letter but they kept writing. I looked on this site to see the best appproach to resolve the situation and came across the CCA request. So on the 16th of December last year I sent them the CCA (recorded delivery with the £1) then waited for the 12+2 days. Nothing came in the post in that time.

Then at the end of January 2015, I got a letter from them saying that they are dealing with my request and will get back to me shortly. Then nothing again from them. At this stage I sent them another letter from a template I got here saying that they had failed to comply with the 12 day rule.
Then in mid february I recieved another letter saying that they were dealing with my request and would get back to me shortly, totally ignoring my second letter!

Then on the 12th of March, I recieved a letter saying "Further to your request for documentation in relation to this account, Please find enclosed a copy of your agreement, statements and T&C's for this account. We trust this now resolves your query. Please forward to us your payment proposals and complete the enclosed financial statement. We have placed your account on hold for 14 days to alloow you time to to this"
In the package they sent to me, There is a signed loan agreement with the terms and a transaction summary. Can they just ignore the 12+2 days?
Also, The agreement is from 2008 so I am thinking it is Statute barred anyway but in the Transaction summary they sent to me, there was payment for the monthly amount stated in the agreement on the loan for 9 consecutive months until december 2008 then there was a gap of non- payment from the beginning of 2009 up until April 2009 when there was a payment for a fraction of the monthly payments made in the earlier months. These new payments were made in April, May and twice in June which means that the Statute of limitations expeires in June instead of inNovember last year.

The Transaction summary does not give details of who paid the amounts or the account numbers that they were paid from. I have my bank records from that period and did not make those payments in 2009.

My thought is that they have delayed getting the CCA to me and then probably realised that it was statute barred anyway so they added the payments for the few months to June.

So I am not quite sure how to approach this. I think they have breached the CCA by not sending a Copy of the executed deed of assignment and not sending a full statement. Also, I did not make the payments in 2009 so I think it is statute barred anyway but I don't know if I should admit that. Also, even with the added payments in 2009 it's only 3 months before it is statute barred again. Can I just ignore them for three months? Can they seek CCJ even though they failed to comply fully with the CCA?

Please help !

Thanks very much

[nemesis45]

Re: Robinson Way ignored CCA Still chasing me!

Hi Welcome to LB,
1. The 12 + 2 working days once expired means that the debt becomes unenforceable only Until the agreement is provided, there is no other consequence for non compliance.
2, A statement provide with a CCA request should be a signed document show just the current status of the account, not an historical statement.
3. I appears to me that you have received a " reconstituted" agreement which must contain specific elements.
(a), Your name and address at the inception of the agreement.
(b). The creditors name and address at inception.
(c). The T's and C's at inception.
(d). The T's and C's at Closure.
(e). Any material amendments to the T's and C's during the life of the agreement.
(f). Any other documents mentioned in the T's and C's e.g. booklet containing T's and C's provided when a credit card is issued.
If you require further data e.g. the itemised statements you need to make a subject access request under the provisions of the Data Protection Act 1998 (SAR) to the Original Creditor there is a £10 statutory fee to pay and the creditor has 40 days to comply.

For Clarification Statute Barred in England and Wales = No Payments and or unequivocal written acknowledgment of the debt in 6 clear years, ( ANY payment or written acknowledgment in the relevant 6 year period sets the 6 year clock back to zero.
The issue of a County Court Claim stops the clock on the date of issue.

It would appear (without seeing the documents provided) that the CCA request has been complied with.

nem

[Adamson]

Re: Robinson Way ignored CCA Still chasing me!

Thanks for the reply Nemesis 45. I m not sure what step to take next. The statement is not signed but a summary of transactions also, I did not make the payments attributed to me that currently puts the statute barred forward for another three months. Also, can you explain the bit about the county court claim stopping the clock at time of issue. Not sure I understand what you mean. I guess I could request the sar but would that not be acknowledging the debt?

Thanks again,

Adamson

[FlamingParrot]

Re: Robinson Way ignored CCA Still chasing me!

Quick Background:
About six months ago I got a lettter from Robinson Way claiming that a debt (£25,000) I allegedly owed to Santander some years back has been transferred to them and they were demanding payment. I ignored the letter but they kept writing. I looked on this site to see the best appproach to resolve the situation and came across the CCA request. So on the 16th of December last year I sent them the CCA (recorded delivery with the £1) then waited for the 12+2 days. Nothing came in the post in that time.

£25k is quite sizeable sum. Did you have a Santander loan for that amount or a loan with any of the banks Santander took over?

Then on the 12th of March, I recieved a letter saying "Further to your request for documentation in relation to this account, Please find enclosed a copy of your agreement, statements and T&C's for this account. We trust this now resolves your query. Please forward to us your payment proposals and complete the enclosed financial statement. We have placed your account on hold for 14 days to alloow you time to to this"
In the package they sent to me, There is a signed loan agreement with the terms and a transaction summary.

Is there any chance of posting up the agreement, removing any personal details? :typing:

Can they just ignore the 12+2 days?

The account would be unenforceable after that period had elapsed, for as long as they remained in default, however, by sending you the agreement they can remedy the breach

Also, The agreement is from 2008 so I am thinking it is Statute barred anyway

Let's hope so, because if you took out a loan in 2008, it could be enforced even if the original agreement didn't contain all the prescribed terms, and by that time most did anyway.

but in the Transaction summary they sent to me, there was payment for the monthly amount stated in the agreement on the loan for 9 consecutive months until december 2008 then there was a gap of non- payment from the beginning of 2009 up until April 2009 when there was a payment for a fraction of the monthly payments made in the earlier months. These new payments were made in April, May and twice in June which means that the Statute of limitations expeires in June instead of inNovember last year.

The Transaction summary does not give details of who paid the amounts or the account numbers that they were paid from. I have my bank records from that period and did not make those payments in 2009.

Uhmm, that sounds rather strange, did you ever enter into a debt management plan (DMP) at the time?

My thought is that they have delayed getting the CCA to me and then probably realised that it was statute barred anyway so they added the payments for the few months to June.

So I am not quite sure how to approach this. I think they have breached the CCA by not sending a Copy of the executed deed of assignment and not sending a full statement.

The deed of assignment is not required in response to a CCA request and they have sent you a statement of account so they have complied with s.77 of the Act.

Also, I did not make the payments in 2009 so I think it is statute barred anyway but I don't know if I should admit that.

If you didn't make payments there's no reason not to admit not making them, especially if you've got statements as you say above, to prove that you didn't.

[FlamingParrot]

Re: Robinson Way ignored CCA Still chasing me!

Also, even with the added payments in 2009 it's only 3 months before it is statute barred again. Can I just ignore them for three months? Can they seek CCJ even though they failed to comply fully with the CCA?

It looks like they have complied with s.77 and they could issue a claim even if they hadn't, that would be a point for your defence. As it stands, your best defence would be to say the account is SBd and you did not make those payments. You're lucky to have the statements to show it, most of us wouldn't have them after so many years.

Thanks for the reply Nemesis 45. I m not sure what step to take next. The statement is not signed but a summary of transactions also,

That's what a statement is.

I did not make the payments attributed to me that currently puts the statute barred forward for another three months. Also, can you explain the bit about the county court claim stopping the clock at time of issue.

The limitation period ends on the day a claim is issued. If the claim was defended, it would be months before it went to trial, however, that wouldn't make any difference. If a claim was issued on Monday, that would be the end of the limitation period, it wouldn't go any further regardless of how long it took for the case to go to trial, which could be another year.

Not sure I understand what you mean. I guess I could request the sar but would that not be acknowledging the debt?

No, it wouldn't acknowledge the debt. A SAR is a request under the Data Protection Act, for all data held about you. One thing to bear in mind is that most banks only send statements for the past six years in response to a SAR.

[nemesis45]

Re: Robinson Way ignored CCA Still chasing me!

The " Statement " required with a CCA Request is a signed current not historical statement of the account/debt.

e,g.

Statement of account dated xxxxxxxxxxxxxxxxxxxxxx.

Balance £xxxxxxxxxxxxxxxx

signed A Fleecing Barsteward
for and on behalf of:
Duff Debt Purchasers Ltd.

[Adamson]

Re: Robinson Way ignored CCA Still chasing me!

£25k is quite sizeable sum. Did you have a Santander loan for that amount or a loan with any of the banks Santander took over?

Is there any chance of posting up the agreement, removing any personal details? :typing:

The account would be unenforceable after that period had elapsed, for as long as they remained in default, however, by sending you the agreement they can remedy the breach
Let's hope so, because if you took out a loan in 2008, it could be enforced even if the original agreement didn't contain all the prescribed terms, and by that time most did anyway.

Uhmm, that sounds rather strange, did you ever enter into a debt management plan (DMP) at the time?



The deed of assignment is not required in response to a CCA request and they have sent you a statement of account so they have complied with s.77 of the Act.



If you didn't make payments there's no reason not to admit not making them, especially if you've got statements as you say above, to prove that you didn't.

Thanks for your reply Flaming Parrot, The actual loan was for £18,000 I was paying regularly till I was made redundant, then divorced, had to give home up, that's when it all went Pete Tong!
No I didn't enter into any management plan which is why I am a bit confused with the transaction statement they sent to me.
They sent me a Transaction summary, is that the same thing? I'll post what they sent.

[Adamson]

Re: Robinson Way ignored CCA Still chasing me!

It looks like they have complied with s.77 and they could issue a claim even if they hadn't, that would be a point for your defence. As it stands, your best defence would be to say the account is SBd and you did not make those payments. You're lucky to have the statements to show it, most of us wouldn't have them after so many years.

I didn't have the statements but if you have online banking you can go back to a certain time and check your statements. Thats what I did I am hoping that it would be admissible in court if it ever gets that far.

[Adamson]

Re: Robinson Way ignored CCA Still chasing me!

The " Statement " required with a CCA Request is a signed current not historical statement of the account/debt.

e,g.

Statement of account dated xxxxxxxxxxxxxxxxxxxxxx.

Balance £xxxxxxxxxxxxxxxx

signed A Fleecing Barsteward
for and on behalf of:
Duff Debt Purchasers Ltd.

Thanks again for your reply. I have attached the Transaction summary that was sent to me. It's not signed so I don't know if it's what they are supposed to send. I am thinking of sending them an SAR request maybe that will give me a breakdown of the statement.

[nemesis45]

Re: Robinson Way ignored CCA Still chasing me!

No it's not what is required!

nem

[Adamson]

Re: Robinson Way ignored CCA Still chasing me!

No it's not what is required!

nem

Thanks for your reply Nem. So they haven't complied with the CCA request? What should my next step be? Write to them or just wait till they contact again. I am sure they'll argue that they have complied with the request.

[nemesis45]

Re: Robinson Way ignored CCA Still chasing me!

In my opinion no the statement should be a "signed" confirmation of the current balance on the account i.e. what is allegedly owed.

nem