help regarding robinson way

pesky_robway

eyeopener2 wrote: »

Very doubtful they will have anything at all, so write that letter and if they have nothing to prove you owe them anything, then the ball is firmly in your court.

It's worth it.

so am i right in thinking that if they dont have any proof i owe them nothing?

pesky_robway

well i sent the letter and recieved nothing but a letter stating my account was now in delay.from what i gather they have 12 days plus 2 which they have now had.so where do i go from here

eyeopener2

You just sit and wait.

Lensman_2

pesky_robway wrote: »

so am i right in thinking that if they dont have any proof i owe them nothing?

No. You still owe them. Default of a CCA request only means that the debt is unenforceable. If the law was strictly applied, they can still take you to court but they cannot get a judgement.

They can still report to credit reference agencies and still demand payment.

In reality, they cannot threaten to take you to court unless they come up with a compliant agreement. If they do you have a case for a claim for harassment and solid grounds for a complaint to the ICO and the OFT.

When I was in your position, I sent a letter stating that the account is in dispute as they are in default of the CCA 1974.

[STRIKE]How old is this debt - before or after April 2007?[/STRIKE] Should have read more carefully. As your debt was started in 2000 (or so) section 127(3) of the CCA applies. This means that they must have the original agreement to get a judgement. And the rules and regulations mean that they must tell you if they do not (or cannot get) that agreement.

pesky_robway

long before 2007

also who did you send the letter stating the account was in dispute to?

Lensman_2

pesky_robway wrote: »

long before 2007

also who did you send the letter stating the account was in dispute to?

The DCA. Robinson Way in your case.

The advantage of them not having the agreement is that this account is now on your terms. Put it in dispute and wait for them to come up with an agreement.

They may stop collecting, they probably won't.

Some people stop paying at this point (I haven't) - some people might write back saying that the have just reviewed their I&E (income and expenditure) and can now therefore pay £X.XX a month.

pesky_robway

well i have withheld payment as they sent me a letter saying the account is now in delay.theyve messed about with me long enough...time for some payback

pesky_robway

sooo today i recieved a letter from robinson way with a cheque attatched for the original £1 that i sent to recieve a copy of the original documents.also they said they can not get a copy.where do i go from here?

Lensman_2

Depends on your morals.

Some people say "No CCA = No Pay". You will be chased by various DCAs for the next 6 years until SB and that will be tedious.

Morally, you still owe. I would probably have a month or 2 off and then set up a payment plan for what you can afford. Say, £5 or £10 a month.

Either way they, cannot enforce this debt now.

I would also look at claiming any unfair charges and PPI.

fatbelly

It's unenforceable. If you have other debts that are not unenforceable, then these now take priority.