Robinson Way credit agreement

twiggy6

Hi everyone,

I am new to this site but was just wondering if people might be able to give be a bit of advice. Basically I had a credit card with marbles, which was moved over to Robinson Way a number of years ago. I recently decided to request a CCA and the response I got seemed inadequate – basically quite a few of the details were incorrect and it didn’t include my signature. I responded with the letter below, and in turn they responded with the letter below that. What should my next move be?

1. Could I be legally liable simply by way of making regular payments up until this point?
2. What should my response letter say?

I have a feeling that they have no credit agreement whatsoever and are just trying to call my bluff.

Thanks in advance for any help anyone is able to offer.

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Dear Sir/Madam,


Thank you for your letter dated…... As you are aware I wrote to you on the …….. asking for a copy of my signed credit agreement for my Marbles credit card. This is my right under the consumer credit act 1974.


Unfortunately you have failed to comply with my request. The credit agreement that you have sent is not signed. It is also a credit card agreement between Bank of Scotland plc and myself, however I did not take the agreement out with Bank of Scotland.


I also note on the agreement that you have my address as………... However, I was not living at this address when I took out the credit agreement.


For all of the above reasons I feel that you have failed to comply with my request and therefore the account is now in dispute. I request that you comply with Consumer Credit Act 1974 by sending me a signed copy of the original credit agreement within 12 working days.


I would like to express concern regarding the apparent credit agreement you sent me. Not only is the document lacking my signature, but both the address and bank details provided are different to those of the original agreement. I am therefore concerned that the document appears to have been created in retrospect.


Finally, I would also like to complain as the letter states that the account is long overdue. However, if you look at your records you will see that I have not missed a payment since the debt was transferred to Robinson Way Limited. I find this unwarranted considering my excellent payment record with yourselves and would like you to acknowledge this in your next correspondence with me.

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Dear Mr ***


Re: Marbles


Thank you for your recent contact regarding your agreement. Out client has confirmed that the documents we have provided are sufficient. Please note that you have previously admitted liability of this debt by making payments on the account. Please be aware that we are prepared to offer a reduced settlement of £1410.00 on this account which can be paid over three monthly instalments. If you wish to take advantage of this, please contact us prior to making your payment.


We trust this resolves your query and ask that you continue to make payments directly to us.


If you have any queries concerning this reply, please do not hesitate to contact us and we will endeavour to assist you.



Robinson Way

nottoolate

if not bank of scotland, who did you take the account out with?

an unsigned reconstituted agreement is acceptable for a cca request

it doesn't prove you owe the debt though

Culex

The reason the reconstituted "agreement" was from the Bank of Scotland is because they issued the card, although they may not have been the company to whom you applied - Aviemore Funding Ltd or SAV Credit Limited.

Their doublespeak is quite typical of firms like Robinson Way, as you have not doubted your liability for the debt but have sought to challenge its legal enforceability which is not really established by your history of payments. Their settlement offer may suggest that,, whilst they may be happy to bluff and bluster, they know that the way the alleged "agreement" had been reconstituted may cast doubt on how easily it could be enforced at law.

It would be interesting to find out where or by whom that alleged "agreement" had been reconstituted.

twiggy6

The original agreement was taken out with HFC bank, they were the card issuing bank but a few years ago transferred all their credit card services to halifax (they were taken over by halifax). Therefore I am assuming that the original credit agreement should have HFC bank and the address that I lived at on it. The CCA they sent me is with halifax - the bank that robinson way bought the debt off.

twiggy6

ps. It doesn't say that it is a reconstituted agreement anywhere.

thechippy

twiggy6 wrote: »

ps. It doesn't say that it is a reconstituted agreement anywhere.

No, it normally won't.

This does all suggest they don't have the original, so they would struggle to litigate on this.

Culex

thechippy wrote: »

twiggy6 wrote: »

ps. It doesn't say that it is a reconstituted agreement anywhere.

No, it normally won't.

This does all suggest they don't have the original, so they would struggle to litigate on this.

One might also say that, by having reconstituted the wrong agreement, Robinson Way seem to have lost their Marbles.

thechippy

Culex wrote: »

One might also say that, by having reconstituted the wrong agreement, Robinson Way seem to have lost their Marbles.

You're a funny guy - I'm starting to like you...:p:beer:

twiggy6

Hi everyone, a bit of an update on my situation. I replied to robinson ways above repsonse saying that they still hadn't provided a valid CCA and that I was stopping payments until this was done. They then sent the below letter, anyone know what to make of it? Has anyone had anthing similar and if so what happened next??

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We refer to your recent query and comment. I view of your query we have today removed your account from our files and returned your case to our client who will, if appropriate, deal directly with you in the future.

Our client has been made aware of the reason why your account is being closed and returned to them.

Robinson Way

thechippy

Reasonably normal,

It'll probably just go to another dca.....

You just tell them account in dispute etc due to no cca supplied and it will do the dca merry go round.