Time retail Finance & Robinson Way

Lillys_mum

Which letter do I send to them first. There are a few different ones and I am a little confused

Thanks for your help so far.

x

SPANIEL36

THIS ONE FIRST, MAKE SURE ITS RECORDED DELIVERY AND KEEP THE REFERENCE NUMBER AS YOU WILL NEED IT TO PUT ON THE NEXT LETTERS IF NEEDED.

Account number - xxxxxxxxxx

This letter in no way acknowledges that I hold a debt with your organisation or any other.

With reference to the above account, I would like the following information provided to me at your earliest convenience.

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number XXXXXXXX.

2. The deed of assignment allowing you to collect this debt

3. A statement of account

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.

Lillys_mum

Thanks SPANIEL36

Just a little confused as some of them say this info should be provided in 12+2 days and then this one says 28 days which is correct.

What reference numbers do you mean - is it the postal order ones
I presume a postal order is better than a cheque?

Thanks

x

Lillys_mum

It will be just my luck that they do have a copy of the CCA.

Could they go back and ask Time Retail Finance for it now if they wanted to.

I know they still have some record of the account as I phoned them earlier today so presumably they will still also have a copy of the CCA.

SPANIEL36

I'll go and double check on which time limit is right, as for the refernce, its the recorded delivery slip, you will need that number to check on the royal mail web site to see when it was delivered and who by. You will put this information in the next letter telling them to beggar off (if they dont provide you with the info you asked for)

SPANIEL36

Lillys_mum wrote: »

It will be just my luck that they do have a copy of the CCA.

Could they go back and ask Time Retail Finance for it now if they wanted to.

I know they still have some record of the account as I phoned them earlier today so presumably they will still also have a copy of the CCA.

not neceserrily, ( god i cant spell today!!) i have two accounts more recent with yours and none of them have been able to provide the info.

When debt collection agency buys a debt, the origonal account provider must give them the copy of the signed credit agreement, a deed of assignment (letter stating that robinson way can leagally chase you for the debt ) and account details including statement of payments etc, so Robinson way should already have this info, if they havent then they have to go back to time retail to ask them for all of this, and there's no sayting that time will have it. So fingers crossed they haven't then that will save you the 45.00 per month!!

rog2

Lillys_mum wrote: »

It will be just my luck that they do have a copy of the CCA.

Could they go back and ask Time Retail Finance for it now if they wanted to.

I know they still have some record of the account as I phoned them earlier today so presumably they will still also have a copy of the CCA.

They MUST provide you with a true copy of the cca within 12 working days - whether or not they are the original creditor. Failure to do so renders the agreement 'irrideemably unenforceable' without a Court Order. Do NOT be swayed by any letter that they may send you asking for more time.
Without the cca - they can no longer pursue the 'debt' - Plain and Simple.

Gale_10

hello lilysmum,

They probably don't have a CCA, these company's in their greed to sign you up and get you into debt as quickly as possible often make the mistake of not doing the paperwork correctly. As far as I am aware you have to wait 12+2 days for a reply to the first letter.

I am not sure if anyone has said this but please do send this letter registered post (signed for), so you have evidence of sending it.

I hope it all goes well,

Gale

SPANIEL36

i'm back, i've got thgis from one of Rog2's posts ( HI ROG!!, he's the man!!)



It's a bit confusing, but, on receipt of a request for a cca, the creditor/dca MUST supply that cca within 12 working days of your request, otherwise the original agreement is no longer enforceable unless the creditor/dca obtains a Court Order.
If after 30 days, the creditor/dca has still not supplied a copy of the original cca, the they have comitted an offence under the Consumer Credit Act, 1974.

a. Creditor/dca provides true copy of signed cca within 12 working days of your request = cca enforceable.

b. Creditor/dca provides true copy of cca after 12 days, but within 12+2+30 days (42 days) of your request = cca can ONLY be enforced if creditor/dca obtains a Court Order.

c. Creditor/dca does NOT provide a true copy of signed cca after the period in b. then the cca is no longer enforceable and the creditor/dca has comitted an offence under the terms of the Consumer Credit Act 1974.

Lillys_mum

Thanks everyone for all your help so far - I will no doubt be calling on you over the next month for more.

What is the 6 years issue I see mentioned?