robinson way DCA.

[xxorlsxx]

Hi All,
Just a quick Q here, sent a request for proof that RW own my debt and they sent a copy of the CCA and a letter saying that "we are the owner and administrator of your debt" etc...ok its legal so ive arranged a final settlement and they accepted my offer, but at the bottom of their acceptance letter it says "our client may choose to persue the remainder of the debt",
Is this false representation? as RW have already proved they own the debt then it is up to them to pass the remainder of the debt on if they wish to do so because their 'client in this matter is in fact themselves and not the original creditor who sold the debt to them?
Any help or suggestions would be great.
Cheers XXORLSXX.

[xxorlsxx]

Robinson Way and the CCA

Hi All Its me again, Just seen a great thread wich had info on CCA's and what they must contain to be legal.
It says that a CCA must contain within its prescibed terms THE AMOUNT OF CREDIT AND THE CREDIT LIMIT. well after having a gander at mine wich capital one sent me to sign in 2005 it doesn't contain either of these details, it just has the APR plus lists of charges BUT NO CREDIT LIMIT OR CREDIT AMOUNT.
Does this mean that it is unenforcable?
Any Suggestions?
Thanks, XXORLSXX.

[Paule]

Re: Robinson Way and the CCA

Are you able to Scan the agreement and post it up and then we can have a look at it for you

Remember to remove personal details though first

PKea

[xxorlsxx]

Re: Robinson Way and the CCA

Hi PKea,
Thanks for your quick response, unfortunately my scanner/printer is not working also the copy they have sent me is only just readable so if i scan it i dont think you will be able to read it, BUT i will try to do it on my mates later. It definately doesnt contain those credit amount/details though.
Cheers XXORLSXX.

[Sapphire]

Re: robinson way DCA.

I think that if you have it in black and white that they are the 'owners' of the debt, and then you get a full and final settlement agreed with them, it then seems to me that it all over, done and dusted.

I will get someone to confirm though for you.

[xxorlsxx]

Re: robinson way DCA.

Hi Sapphire,
Just checked the reply from RW after i made the offer and it does not mention final or full settlement, just settlement. So ill write to them and get them to confirm that it will be a final and full settlement just so they dont sell the rest of the debt to any of their equally likeable freinds in the industry...Cheers.

[Paule]

Re: robinson way DCA.

we are the owner and administrator of your debt.

our client may choose to persue the remainder of the debt

Lol, Well from experiences with them I would tend to go down the route that they are just collecting the debt, as the above statements contradict each other.

Have you had a notice of assignment, as this is sent when the debt is sold on and should have been sent a copy with your cca request.

Are you able to scan and post up the letter you recieved (remove personal details first)

Have you made any contact with the original creditor to see if they have sold the debt on?

PKea

[Paule]

Re: Robinson Way and the CCA

the copy they have sent me is only just readable .

Well thats one to start with, as it has to be a legible copy

[xxorlsxx]

Re: robinson way DCA.

Hi PKea,
I sent a SAR to Cap1 and it contained the sale of the debt to RW so i think that RW do own the debt, But when they (RW) sent me a copy of the CCA they also enclosed the notice of assignment, and this was just a letter stating that "this letter serves as the notice of assignment" etc.. I have a feeling that RW would like their pound of flesh and then sell on the rest to another DCA, do ya think?
Cheers.

[xxorlsxx]

Re: Robinson Way and the CCA

HI PKea,
Just rechecked the CCA RW sent me and under the title 'credit limit' it says...'the credit limit will be determined by us from time to time under this agreement and notice of it will be given by us to you'. Does this comply with the prescribed terms?
Cheers for ya time and help...

[Paule]

Re: robinson way DCA.

Ok sounds liek they do own the debt

If they have bought your debt from Cap1, they wil have paid approx 10-15% for it.

So if you owed £1500, they may have paid £225 for the debt.
Then if you offer £500 as F&F they are quids up, but there is still an outstanding amount.

I will get another memebr to come have a look at your thread as they are more clued up on this then me, and will point you in the right direction, so please hang fire for the minute

PKea

[Paule]

Re: Robinson Way and the CCA

I'm no expert on legitamacy of CCA agreements, but there are a few things they must contain.

I will try and find the details, or get someone more clued up to post info for you.

PKea

[Paule]

Re: Robinson Way and the CCA

Ok have a read of this to start

Consumer Credit Agreements - A Guide - Legal Beagles

PKea

[xxorlsxx]

Re: Robinson Way and the CCA

Yeah cheers PKea,
sorry to be so thick but when Curlyben says see Q8 And 8.5 on credit limit/amount i cant seem to find em, sorry mate, i will get better at this, the irony is ive just started training as a general adviser for the CAB! i hope to be able to use what i learn to help out on this forum.
Cheers.

[xxorlsxx]

Re: robinson way DCA.

LOL, yer busy today mate..