robinson way DCA.

[Paule]

Re: Robinson Way and the CCA

I have asked CB to have a look at your threads, so he will be able to clarify the details much better than I ever would.

PKea

[xxorlsxx]

Re: Robinson Way and the CCA

Cheers PKea, enjoy the rest of the afternoon, thanks for your help.

[Curlyben]

Re: robinson way DCA.

You mention a SAR to Cap1.
Did you send a dispute notice to RW&c informing them that you are disputing this debt with Cap1 due to charges ?!

Have you even started reclaiming any charges ?

Also who told you that the CCA was complaint, I have yet to see a Cap1 one that is.

[Curlyben]

Re: Robinson Way and the CCA

How to confuse me the easy way, have two threads dealing with the same issue.

Don't worry about the references that are in the CCA thread as they are for schedules within CCA 74.

To answer your question on credit limit, a statement saying how they will work it out IS compliant.

As I mentioned on your other thread I'll be very surprised if this agreement is indeed valid as Cap1 are well known for cutting corners with the documentation.

I've posted a couple of questions on the other thread.

[Amethyst]

Re: Robinson Way and the CCA

will merge threads make it easier

[xxorlsxx]

Re: robinson way DCA.

Hi Curlyben,
I have indeed sar'd cap1 and have a list of their charges, i haven't started reclaiming them yet, this is because i have made a settlement offer to RW which is worth a third of the original debt i owe to cap1, (im sure RW own the debt as they sent me the copy of the cca), once i have settled with RW i am then going to reclaim my charges from cap1 (charges i am reclaiming worth the same as settlement to RW) so hopefully i can wipe out the debt with RW (Present owner of debt) and get the money back from cap1(original creditor) and wind up in profit. (£415).
Here it is...RW want £615, original debt cap1 £400, settlement offer to RW £200, reclaim charges from cap1 £215, = £415 profit.
Am i right in thinking that if RW accept my offer as full and final they cannot pass on the debt to a third party including the original creditor?

[Curlyben]

Re: robinson way DCA.

I'm sorry to say, but you are going about this the wrong way.
You have all the information you need to get RW&c completely out of the picture and deal directly with the OC.
After all why make a payment to a third party DCA when Cap1 owe YOU money for charges PLUS interest !!

This is quite a straightforward one.
Send RW&c a dispute notice informing them you are talking to Cap1 about the charges and go from there. Under OFT collection guidelines RW&c should back off while you are in discussion with the OC over this disputed debt.

Also DCA's pay PENNIES (roughly 10%) for debts so anything you offer them is profit. Take this away from them, after all why should they profit from our difficulties !!!

I had a similar things with Cap1 and Lowells, but they soon backed down once they knew the situation.

[xxorlsxx]

Re: robinson way DCA.

Hi curleyben,
Thanks for your advice, the only thing stopping me from talking to cap1 is the fact that RW now own the debt and not cap1, i sent the usual prove it letter to RW and they sent me a copy of the cca i had signed with cap 1 and a letter saying that they were the sole 'owners and administrators of the debt', After checking the paperwork that cap1 sent after my sar to them, it states that the debt was sold to RW.
So i thought that i could only deal with RW and not cap1. Am i wrong?

[Curlyben]

Re: robinson way DCA.

"Sold" can mean many things.
Lowells told me they had bought the debt from Cap1, but that didn't stop me

Seriously get a dispute notice into RW&c and get the reclaiming started.

[xxorlsxx]

Re: robinson way DCA.

Ok Curlyben, i'll try that then, just to clarify, so i write to RW and tell em i'm disputing the amount of the debt with cap1 and tell em the account is now 'in dispute'? and they have to back off?
Cheers,

[Curlyben]

Re: robinson way DCA.

Yep, just so happens I have a letter to cover this

ACCOUNT IN DISPUTE

Dear Sir/Madam,

Your ref:


Thank you for your letter of **DATE**, the contents of which are noted.
I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which is being disputed with **BANK ** , and has yet to be resolved.
As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.
I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Just edit as needed.