Another CCA Request

acer1234

Hi people

Well i have been dealing with a company called Robinsonway and put a cca request in November 2009.Well basically have just been told by an advisor i won,t name that its tough tits if the cca cannot be produced and even if it went to court and is thrown out then Robinsonway will still persure the debt !

Can anyone tell me how they can do this lol.....He advised me that a doorstep collector would be used to collect.Now i am right in saying that if a court threw it out then Robinsonway would have to stop all actions at once and even could not be passed on to a third party.

Anyone else has this tactic tried with them ?
Also where do i report them as i have recorded a 15 mins conversation?

GeorgeUK

Report them to Trading Standards.

Not sure they will be able to do anything with the recording as you probably didn't have their permission to record them - not sure it can really be used for anything. That said, youtube sounds tempting

acer1234

GeorgeUK wrote: »

Report them to Trading Standards.

Not sure they will be able to do anything with the recording as you probably didn't have their permission to record them - not sure it can really be used for anything. That said, youtube sounds tempting

To be honest george i am very tempted but as its ongoing i will refrain for the moment.Having said that i did point out to him after he told me the usually about the recorded for training purposes that i too was also recording the conversation and that seemed fine to him,although after about 7 mins into the conversation he prob remembered i was recording and suddenly his attitude changed lol....he sounded like my best friend...lol

lclclclc

speak to petermb on here.. he is in the know on these things, I have a similar issue to you..

Merlinexcalibur

.He advised me that a doorstep collector would be used to collect

They can send whomever they like. They breaking the law if they do. Take a look at the OFT guidelines on collecting debt in this manner. Under harassment and psychological indimidation. It's illegal. Hence why these guidelines exist. Not that they pay spit attention to them of course. I'd imagine if some of them could get away with it they'd be at your door with cricket or baseball bats if there weren't some form of control. What little there is.

There is a letter that you can send in reply to them, which you may have seen about doorstep visits. I had all of them until a serious system crash, lost everything. Now I have to look them up or would paste it for you.

Robinson Way can continue to pursue you for the debt but without that CCA ... they aren't going to look good in court if it got that far. One of the main reasons why DCA's hold off with court action, but continue to issue threats in letters, is because they fear what a judge may decide. Paperwork, record keeping isn't something these muppets - and if that offends any DCA employees reading this board then TOUGH because you cannot begin to understand the toture your actions put people through daily so take some of your own medicine - are renowned for. But, long as you have a paper trail then it's in your favour.

On the subject of recordings. You can perfectly record anything on your private phone line. It's never been against the law. That is a myth. Unfortunately, you wouldn't be able to use in court. By the same virtue they cannot use theres but can refer to conversations. It's heresay in legal terms. And if you did request via SAR a copy of a recording they would lose it anyway or the common 'classic' 'our systems were down that day so all records were lost'. Nobody can prove otherwise but just a way these people evade their legal obligations because last thing they want is a judge hearing what they are REALLY like with people on the phone.

Now i am right in saying that if a court threw it out then Robinsonway would have to stop all actions at once and even could not be passed on to a third party.

And no doubt that was someone with no qualifications whatsoever in anything except flipping burgers. Because this 'advisor' who told you that clearly doesn't know what a DCA can and cannot do. Bailifs are the only people appointed by court to attend your house.

On the subject of reporting. I tried to report a smilar thing to the FOS recently regarding non-compliance with CCA requests, and a cessation of collectiong until it had been produced as per OFT guidelines. Unfortunately, I spoke to someone who sounded like they were fresh out of school, and the response to my question, asking them for advice - supposed to know these things, why we phone them or you'd think that anyway - was 'oh, hum ... sorry don't know anything about that kind of thing'. So I wish you luck with Consumer Direct aka Trading Standards because from what I've read they are just as bad with lack of knowledge at the front end.

Apologies for going on. But your 'advisor' clearly isn't aware of certain basic matters including doorstep collections. I'd maybe change them TBH.

acer1234

George uk,iclclclc,Merlin Thanks for a great response.