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  • FIRST POST
    • Gizmo21
    • By Gizmo21 9th Aug 17, 5:42 PM
    • 14Posts
    • 5Thanks
    Gizmo21
    Robinson Way
    • #1
    • 9th Aug 17, 5:42 PM
    Robinson Way 9th Aug 17 at 5:42 PM
    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 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 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!
Page 1
  • National Debtline
    • #2
    • 9th Aug 17, 6:01 PM
    • #2
    • 9th Aug 17, 6:01 PM
    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-%28sole-name%29.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
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • Gizmo21
    • By Gizmo21 9th Aug 17, 6:13 PM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    • #3
    • 9th Aug 17, 6:13 PM
    • #3
    • 9th Aug 17, 6:13 PM
    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?
    Last edited by Gizmo21; 09-08-2017 at 8:05 PM. Reason: Extra question
    • sourcrates
    • By sourcrates 9th Aug 17, 8:50 PM
    • 12,213 Posts
    • 11,659 Thanks
    sourcrates
    • #4
    • 9th Aug 17, 8:50 PM
    • #4
    • 9th Aug 17, 8:50 PM
    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.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Gizmo21
    • By Gizmo21 10th Aug 17, 11:31 AM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    • #5
    • 10th Aug 17, 11:31 AM
    • #5
    • 10th Aug 17, 11:31 AM
    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
    • By sourcrates 10th Aug 17, 12:58 PM
    • 12,213 Posts
    • 11,659 Thanks
    sourcrates
    • #6
    • 10th Aug 17, 12:58 PM
    • #6
    • 10th Aug 17, 12:58 PM
    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
    Originally posted by Gizmo21
    They are just idle threats, with no substance, and no one will be knocking on your door.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Gizmo21
    • By Gizmo21 10th Aug 17, 12:58 PM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    • #7
    • 10th Aug 17, 12:58 PM
    • #7
    • 10th Aug 17, 12:58 PM
    Phew, thank you!! Quick question. With the letter should I enclose the expenditure form they sent me?
    • sourcrates
    • By sourcrates 10th Aug 17, 1:34 PM
    • 12,213 Posts
    • 11,659 Thanks
    sourcrates
    • #8
    • 10th Aug 17, 1:34 PM
    • #8
    • 10th Aug 17, 1:34 PM
    Phew, thank you!! Quick question. With the letter should I enclose the expenditure form they sent me?
    Originally posted by Gizmo21
    No, one has no bearing on the other.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Gizmo21
    • By Gizmo21 10th Aug 17, 1:38 PM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    • #9
    • 10th Aug 17, 1:38 PM
    • #9
    • 10th Aug 17, 1:38 PM
    Brilliant, thank you, you've been a great help. I'll be in touch once I have a reply from them.
    • Gizmo21
    • By Gizmo21 16th Aug 17, 9:58 AM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    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
    • By fatbelly 16th Aug 17, 7:37 PM
    • 11,378 Posts
    • 8,538 Thanks
    fatbelly
    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
    Last edited by fatbelly; 16-08-2017 at 7:42 PM.
    • Gizmo21
    • By Gizmo21 17th Aug 17, 12:14 PM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    If only I'd known that about the postal order, Haha!! I know it's only £1, but still, like you I could've kept it, not that there'll be a next time as this is the only debt we now have. Thanks for your info, you've been a help too. We wouldn't be able to do a full settlement if they do manage to produce them, I wish we could, after paying it for so long we just want rid of it. Yes, it will be interesting to find out if the PPI was ticked, but I do keep thinking what if my husband said yes to PPI, but the person in the bank didn't tick the box, it'll only be his word against theirs in that case.
    • Gizmo21
    • By Gizmo21 29th Aug 17, 11:03 AM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    Tomorrow will be 2 weeks since I last heard from them. I know they had 12 days to acknowledge my first letter, but is there a certain length of time I have to wait for them to produce the documents?
    • sourcrates
    • By sourcrates 29th Aug 17, 11:12 AM
    • 12,213 Posts
    • 11,659 Thanks
    sourcrates
    Tomorrow will be 2 weeks since I last heard from them. I know they had 12 days to acknowledge my first letter, but is there a certain length of time I have to wait for them to produce the documents?
    Originally posted by Gizmo21
    Patience is a virtue you will need to acquire when waiting for relpies to CCA requests Gizmo.

    As the debt is sold on, Robbers way have to go back to the original creditor, who then have to search through tons of paperwork for your single piece of A4.

    All this takes time, no doubt you will be informed one way or another, eventually, but expect it to take a month at least.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Gizmo21
    • By Gizmo21 29th Aug 17, 11:29 AM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    "Robbers way" Thanks Sourcrates. I have discovered I have lots of patience, never thought I had any, but as each day goes by and no letter comes through the door, my amusement increases. I could be smiling on the other side of my face of course, but it's fun while it lasts
    • Max and sasha
    • By Max and sasha 29th Aug 17, 9:40 PM
    • 55 Posts
    • 35 Thanks
    Max and sasha
    Hi Gizmo

    I have cca,d robbers way as they hold 2 accounts off mine that was in may ,still have not had the paper work sent out too me. 1 off them is for 13k so my take on it is let them take there time as I am saving the money they would be getting and putting it in my emergency fund. That's over 3 months I have been waiting so I hope they don't have it. I get a letter every now and then saying that they are dealing with my request. Only got 4 years and 9 months till its statue barred lol

    Max
    • Gizmo21
    • By Gizmo21 1st Sep 17, 10:11 AM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    Wouldn't it be great if the letters they keep sending you saying they "Are dealing with your request" is code for "we are unable to locate it but we'll just keep this hanging over your head". Every morning without a letter from them confirming the debt is a bonus. We've been paying ours for so many years it's lovely to have this little break while they do some work instead of harassing us.
    • Gizmo21
    • By Gizmo21 4th Oct 17, 3:35 PM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    So, I've googled a phone number that keeps popping up in my missed calls. Turns out it's Robinson Way. The account is still on hold as they obviously haven't located the document yet. Are they allowed to phone me while I'm waiting for the documents I requested?
    • fatbelly
    • By fatbelly 4th Oct 17, 7:13 PM
    • 11,378 Posts
    • 8,538 Thanks
    fatbelly
    Yes,, but you can ignore them, unless they start a court claim.
    • Gizmo21
    • By Gizmo21 4th Oct 17, 9:21 PM
    • 14 Posts
    • 5 Thanks
    Gizmo21
    They can start a court claim even though I put in a CCA request that I'm still waiting for and they've put the account on hold?
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