Robinson Way

Gizmo21 · 9 August 2017 at 5:42PM

Hi, we took a bank loan out in 2000 and to cut a long story short we fell into arrears. My husband tried to use PPI as he was (and still is) adamant he ticked the box when he took the loan out, but when he phoned up about it in about 2001 they said he hadn't ticked the PPI box. We left it and didnt pay the debt for a while, but for the past 10+ years (not sure exactly how many) we've been paying a little amount each month. Our debt has been sold to about 3 different companies in this time. Yesterday we received a letter from Robinson Way informing us that the debt has now been sold to them and to contact them with a payment offer. The debt had just fallen under £2000 but they've gone and hiked it back up to over £2000 :mad: Then today we received an expenditure form to fill in. Previous debt collection companies just carried on taking our usual payment. So why are Robinson Way different? Also I've been reading on google about asking for the original CCA, where would we stand on this as the loan was taken out in 2000? I'm not really clued up on all this to be honest :rotfl: and I'm sorry if I come across as confusing or stupid. I suffer from anxiety and the whole thought of arguing with them and them sending threatening letters terrifies me!

National_Debtline · 9 August 2017 at 6:01PM

Hi Gizmo21

Welcome to MSE. I understand dealing with this kind of thing can be confusing and worrying but the first thing to say is Robinson Way are a debt collection agency (DCA) and they have no special powers. I’m assuming this loan was unsecured when it was taken out? That means they have limited powers to recover the money. It’s actually very common for a new DCA to ask you to complete an income and expenditure form so it’s nothing to worry about. If it shows you can’t afford to change the offer you have been making just stick to your guns.

Making a CCA request is certainly an option for you. It means you ask them to provide you with a true copy of your credit agreement and a full breakdown of the account. You have to send a £1 fee and they will have 12 working days to comply. If they can’t do that the agreement becomes unenforceable (as the debt was taken out before April 2007) until they can provide the information. Unenforceable means they shouldn’t be able to obtain a CCJ, although they are allowed to continue to ask you to pay the debt. It could be a good bargaining tool to get them to negotiate a payment plan, a full & final settlement or even write the debt off. You will find a sample letter you can use here https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-(sole-name).aspx.

Once you have a breakdown you should be able to see why the debt has increased. Interest is frozen at a DCA’s discretion, but once one DCA has frozen it it would be very unusual for a new one to start adding it again. Good luck with it all.

Susie
@natdebtline

Gizmo21 · 9 August 2017 at 6:13PM

Hi Susie, thanks for your reply. You've explained things a lot better as I was getting confused from reading on Google. It was to buy a car, but it was a personal loan. My husband had an accident in the car the loan had paid for which wasn't his fault and because he had no transport to work, he lost his job resulting in us getting into debt with the loan. So will the monthly payment we've always paid just continue but Robinson Way receive it (That's how it's worked with previous companies who bought the debt) or do we have to cancel it and set up another direct debit? And if we asked for a CCA do we still send the expenditure form and continue to pay while we wait their reply?

sourcrates · 9 August 2017 at 8:50PM

Hi,

Let me just clarify what you should do next.

Whatever previous payment arrangement you had, cancel it.

Don't send anything yet to Robinson way.

Follow the link in the National debtline post above, send the CCA request along with a £1 postal order, to Robinson way, they are obliged to forward this to the original creditor to fulfil.

Once this request is made, it has the effect of putting everything "on hold" until your request has been satisfied, so you do not need to pay anything yet.

This is covered by sec 77/79 consumer credit act 1978, you are not obliged to pay whilst your CCA request is been actioned.

When they contact you again, post back for further advice.

Gizmo21 · 10 August 2017 at 11:31AM

Brilliant, thank you so much sourcrates. I feel sick at the thought of doing this with being an anxiety sufferer, I'm scared of the threats they might send or someone knocks at the door etc, but I'm printing out the letter today. I'll reply back when I hear from them. Thanks for your help so far

sourcrates · 10 August 2017 at 12:58PM

Gizmo21 wrote: »

Brilliant, thank you so much sourcrates. I feel sick at the thought of doing this with being an anxiety sufferer, I'm scared of the threats they might send or someone knocks at the door etc, but I'm printing out the letter today. I'll reply back when I hear from them. Thanks for your help so far

They are just idle threats, with no substance, and no one will be knocking on your door.

Gizmo21 · 10 August 2017 at 12:58PM

Phew, thank you!! Quick question. With the letter should I enclose the expenditure form they sent me?

sourcrates · 10 August 2017 at 1:34PM

Gizmo21 wrote: »

Phew, thank you!! Quick question. With the letter should I enclose the expenditure form they sent me?

No, one has no bearing on the other.

Gizmo21 · 10 August 2017 at 1:38PM

Brilliant, thank you, you've been a great help. I'll be in touch once I have a reply from them.

Gizmo21 · 16 August 2017 at 9:58AM

First reply received today saying they have requested the documents. They've also sent the postal order back, not much use to me when it's payable to them!

fatbelly · 16 August 2017 at 7:37PM

For cca requests I just ask for the postal order to be made out for £1 uncrossed, with no payee.

If it gets returned I can use it again! It's just a formal requirement of s77-79 of the Consumer Credit Act.

You asked originally why Robinson Way are different. It is probably because they are acting for parent company Hoist, who are the new owners of the debt, having paid a pittance for it.

My suggestion is to save your monthly payments somewhere. If they do produce a compliant agreement offer something in full & final settlement.

If they do not produce a compliant agreement, not only can court action be stayed under the sections of the Act you requested the agreement under - as a pre-April 2007 agreement any claim could be defended under s127 (3).

It'll also be interesting to see if that ppi box is ticked on the original agreement

Robinson Way

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