Time retail Finance & Robinson Way

rog2

Lillys_mum wrote: »

I want to scream!!!!!:mad: :mad: :mad:

Just tried again to trace my recorded delivery letter to Robinson Way which I posted 1st Class Recorded on 17th November and they haven't delivered it yet!!!!

I had a similar experience, with a payment that I sent off by recorded delivery the last week of October. It STILL is not listed as having been delivered, although the Postal Order HAS been cashed. As this was at the height of the Postal Dispute, I also sent a copy off by normal first class mail.

I think that the ONLY thing you can do is to re-send the letter. Send it TWICE - once by recorded and once by ordinary post.

THEN have a look at the Royal Mail website to see if you can complain about the first letter not eing delivered.

Lillys_mum

If I re send the letter do I still leave the origanal response date of the 5th Dec or do I change that so that the time starts again?
Thanks

rog2

Lillys_mum wrote: »

If I re send the letter do I still leave the origanal response date of the 5th Dec or do I change that so that the time starts again?
Thanks

I would think that you probably do need to change it, LM. Sorry.

Lillys_mum

Letter received today from Robinson Way


Dear Mrs

Further to your recent request for a copy of the agreement, we return your enclosed payment of £1.00 payment. You are clearly aware of the debt as you have been making payments on the account since 2004. You will need to continue with your payments to avoid any further action being taken. We have requested a copy of your agreement from our clients and await the documentation, this will be sent on receipt from our clients.

Yours faithfully
Collections Manager


What should I do now?
They have until 5th Dec to send the proof.

Any advise would be great thanks

xx

Lillys_mum

Anyone

rog2

I have pm'd you.

RAS

Lilly'smum

Rog2 will give you good advice, but basically, it matters not that you have been paying Robinson Way since 2004.

If they cannot supply the CCA, they should not have been collecting the debt from you for the last 4 years and you should not be paying it now.

Penny-Pincher!!

Hi

Is there a follow up letter template after the intial one has been sent and the 12 working days are up?

Thanks

PP
xx

rog2

Lillys_mum wrote: »

Anyone

The letter, that you need to send, can be found on the following link - with thanks to weller711:

http://forums.moneysavingexpert.com/showthread.html?p=6582439#post6582439

It may need editing to suit your circumstances.

moonlightpjs

Send this letter after the 12+2 days if you have not received a CCA but they are still bothering you. If after another 30 calender days have passed (12+2+30) and they have not supplied the true CCA send them the letter Rog has posted a link to. HTH xx

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,