Response from Robinson Way - Advice Please

silverlaces

I needn't bad mouth Robinson Way (you already know this) nor should I describe just how horrendous they've handled my situation (hopeless). To keep this simple, Robinson Way have been chasing me for a debt on Santander Current Account closed in 2009 for the sum of approximately £1500. I'd sent them "prove it letters" and they simply came back with a letter showing the account number and my name.

Now, they've sent a letter stating that my current account doesn't apply to the Consumer Credit Act because it's a current account - Section 74 exemption. I'm not sure what to do - are they just playing the game here?

What's the next natural step?

Your advice is much appreciated - Thanks Guys

sourcrates

silverlaces wrote: »

Now, they've sent a letter stating that my current account doesn't apply to the Consumer Credit Act because it's a current account - Section 74 exemption. I'm not sure what to do - are they just playing the game here?

I`m afraid this is correct, current accounts and overdraughts are not covered by the CCA 1974 as there is no formal signed agreement for such borrowing, therefore it does not apply to these kind of debts.


The "proof" they would be required to send you would be in the from of bank statements showing items in/out of your account.

silverlaces

Thanks for the response - An overdraft is surely a form of borrowing? Therefore, an agreement to allow such borrowing would've been provided back when the account existed? (Over 10 years ago)

Thanks again for the response - Unsure on where I should move from this point?

longtermplanner

What exactly are you disputing?

You may dispute that the account was yours if you diasagree you are the Ms B. Silverlaces named on the account - but it sounds as though this account was yours.

Are you saying the account was closed in 2009 with a zero balance? If so, you need to say this and ask them to produce account statements explaining why they think there is an overdraft at present.

sourcrates

silverlaces wrote: »

Thanks for the response - An overdraft is surely a form of borrowing? Therefore, an agreement to allow such borrowing would've been provided back when the account existed? (Over 10 years ago)

Thanks again for the response - Unsure on where I should move from this point?

Have a look on here, in particular the letter, you need to scroll down a bit to find it, may work, may not :


http://www.legalbeagles.info/forums/showthread.php?43489-Overdrafts-and-CCA-74

silverlaces

Thanks Sourcrates!

harveybobbles

Send the prove it letter again to Robbers Way.