Robinson Way - how much 'force' do they have?

Zoodles

Hi all - first post.

I was paying off a credit card to Natwest up until last year when after I missed a few payments (stupid I know) they sold off the debt to Robinson Way debt collectors.

So I got the letter from RW saying they now had the debt - I called them and agreed (verbally) to pay them £10 pounds every two weeks, which I thought was reasonable and similar to what I was paying to Natwest. The debt is £4500.

Every two weeks that I call them they try to persuade me to increase the amount (obviously their call centre workers are doing it to get a nice bonus and don't actually give a crap about personal situations...)

I've given in to their demands once or twice after being told it would be looked into 'further' etc Its gone up to £11 every two weeks and currently at £12.50.

Once sneaky thing they pulled on me about five months ago was saying if I increase to £12.50 they won't review the amount for 6 whole months. Well, what do you know, after only three months they were bugging me again for a payment increase. I mentioned the 6 months and was told 'we review it between 3 and 6 months'
After being extremely firm and telling them I would not accept that until the 6 months had passed they reluctantly accepted. Seems they change the rules to suit them.

Its now coming up to the six month 'review' and have recieved a letter to ask me to call them to arrange an increase or settle the entire amount at a reduced rate (which I can't do at the moment)

So I would like to know from anyone who has gone through this, what sort of legal rights do they have to ask for an increase in payments? what rights do I have to refuse? What can they or can't they do?

Tixy

If you owe the money they can ask for you to pay it. If they think you can afford to pay more than you are doing they could take you to court to obtain a CCJ (this isn't all that common but can happen).

I would suggest that you stop ringing them and instead write to them setting out what you can afford and including an income & expenditure account to show you are paying all you can afford. Also ask for their bank details so you can set up a standing order for this amount.
I would also send the telephone harrasment letter http://forums.moneysavingexpert.com/showpost.html?p=23624437&postcount=2 to ask them to stop calling you and to say you will not discuss the account by phone anymore. The more you talk to these people the more they will bully you. If they continue to ring after this do not confirm your security details and they cannot discuss the account with you.

If you can demonstrate that you are paying as much as you can afford then even if they decided to take you to court a judge should look at your position and not rule that you have to pay anymore each month than you can afford.

fermi

Zoodles wrote: »

So I would like to know from anyone who has gone through this, what sort of legal rights do they have to ask for an increase in payments?

They can ask, but that is all.

Zoodles wrote: »

what rights do I have to refuse?

Every right.

Zoodles wrote: »

What can they or can't they do?

If they don't like what you are paying, they always have the option of taking it to court. The court would then decide what is fair given your circumstances.

Most debt collectors will threaten that a lot, but are very reluctant to actually go through with it. They know that in many cases they will get no more than they currently do, or even less.

Much more effective for them is making vague threats and putting psychological pressure on you, as you have discovered.

However, putting undue pressure on you to increase payments when you are unable to is defined by the Office of Fair trading as "harassment" and an unfair/oppressive practice.

fermi

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals
b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
e. not informing the debtor when their case has been passed on to a different debt collector
f. pressurising debtors to paid in full, in unreasonably large instalments, or to increase payments when they are unable to do so
g. making threatening statements or gestures or taking actions which suggest harm to debtors
h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so
j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, for example, by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

DVardysShadow

Tixy wrote: »

I would also send the telephone harrasment letter http://forums.moneysavingexpert.com/...37&postcount=2 to ask them to stop calling you and to say you will not discuss the account by phone anymore.

OP is calling them, so perhaps not this letter

BLT_2

Zoodles wrote: »

Hi all - first post.

I was paying off a credit card to Natwest up until last year when after I missed a few payments (stupid I know) they sold off the debt to Robinson Way debt collectors.

So I got the letter from RW saying they now had the debt - I called them and agreed (verbally) to pay them £10 pounds every two weeks, which I thought was reasonable and similar to what I was paying to Natwest. The debt is £4500.

Every two weeks that I call them they try to persuade me to increase the amount (obviously their call centre workers are doing it to get a nice bonus and don't actually give a crap about personal situations...)

I've given in to their demands once or twice after being told it would be looked into 'further' etc Its gone up to £11 every two weeks and currently at £12.50.

Once sneaky thing they pulled on me about five months ago was saying if I increase to £12.50 they won't review the amount for 6 whole months. Well, what do you know, after only three months they were bugging me again for a payment increase. I mentioned the 6 months and was told 'we review it between 3 and 6 months'
After being extremely firm and telling them I would not accept that until the 6 months had passed they reluctantly accepted. Seems they change the rules to suit them.

Its now coming up to the six month 'review' and have recieved a letter to ask me to call them to arrange an increase or settle the entire amount at a reduced rate (which I can't do at the moment)

So I would like to know from anyone who has gone through this, what sort of legal rights do they have to ask for an increase in payments? what rights do I have to refuse? What can they or can't they do?

Are you still paying interest on the amount in question? I ask only because 25.00 per month is not going to make much of a dent in the figure and it may actually be increasing if they are charging interest. You could be paying this for the rest of your life (well actually even if there is no interest we are still talking 15 years)

Zoodles

BLT wrote: »

Are you still paying interest on the amount in question? I ask only because 25.00 per month is not going to make much of a dent in the figure and it may actually be increasing if they are charging interest. You could be paying this for the rest of your life (well actually even if there is no interest we are still talking 15 years)

No they have frozen the interest.
I do want to pay this off as quick as possible - at the moment I'm out of work and can only manage a very small amount but when my situation improves I'll be able to increase the payments.

Its just that I want to be the one to tell them how much I can pay - not the other way round...

I'm still a little unclear about how much pressure they can put on me to increase payments. 12 pounds fortnightly could quickly rise to 20-30 pounds if I give in to their call staff 'friendly' persuasions.

Tixy

Zoodles wrote: »

I'm still a little unclear about how much pressure they can put on me to increase payments. 12 pounds fortnightly could quickly rise to 20-30 pounds if I give in to their call staff 'friendly' persuasions.

Thats why its always advised never to speak to a DCA on the phone. Do everything in writing.

Basically if you phone them then they are perfectly entitled to ask if your situation has improved and if you can afford to pay more.
If you don't phone them then they cannot do that. If you only correspond in writing its likely they will only look to review your payment amount every 6months, which is reasonable I'd say.

forgotmyname

Ahhh Robinson way, 8 messages on the answering machine and 5 missed calls with no message in ONE DAY.

Read posts they were being taken over, The parent company was in trouble or something & heard nothing more from them.

paulofessex

I agree with other people, set up a Standing Order, if the company in question is Robinson Way Ltd Quays Reach Salford, their bank details for standing orders are as follows:

Sort Code: 30-00-00 Account Number 01390805 You must quote your reference number.
This details are normally on the back of letters they send you.

Also you can make card payments via there website robway.co.uk. you just need to enter your account number and surname.

Personally l wouldn't send them a income & expenditure, its none of their business, in my eyes only a court can request those details.

Also l echo what others have said with regard to writing to them advising that any contact in future will only be conducted in writing, just ensure you keep to it.