Time retail Finance & Robinson Way

Lillys_mum

Can you just check this for me and let me know if it is ok. I will send it recorded delivery on Monday 7th January - should I maybe send it special delivery?

Anyway please let me know if this is ok.


Dear Sir/Madam

RE:- Account Number: xxxxxx

I do not acknowledge any debt to your company

I refer to my letter dated 6th December 2007 which was delivered via Recorded Delivery to your offices and signed for.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 17th November 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Robinson Way & Company purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on 5th December 2007 and 5th January 2008 respectively.

As you are no doubt aware, Section 78(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.

Therefore on 5th January 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Robinson Way & Company.

I require the following action from Robinson Way & Company :

1. All payments made to date to Robinson Way & Company for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Robinson Way & Company. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.



4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Robinson Way & Company or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.


Data Protection Act (Data Protection Act 1998)

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 look forward to your reply within 14 days to resolve the matter amicably.


Yours faithfully



Has anyone successfully claimed their money back from a DCA yet?

rog2

Looks Good to me LM.

Weller has successfully claimed money back from three dca's, although, by her own admission, it was a long hard slog, and there were times when she felt like 'throwing in the towel'.
Have a look on the 'Let's all ask for our cca's' thread to see her account.
Good luck - and a Happy New Year to you.
rog2

Lillys_mum

I decided to send the letter Special Delivery - due to Royal Mail being unreliable tracking their recorded items ( I still have no confirmation from the first letter I sent - even though I know it delivered because I had a response).

It was delivered and signed for on 8th Jan so they now have 14 days to give me my money back!!! - yeah right, I doubt very much it will be that straight forward but I am ready for them and will fight it all the way, they have done nothing but lie to me from the start and made my life miserable.

Any tips on taking these kind of people to court would be great as I have a feeling I will have to be quite tough with them.

Lillys_mum

Despite all my letters to them this appears in the post today.
Letter dated 04/01/08

Dear Mrs x

Thank you for keeping your payments up to date (well that makes me laugh as I haven't paid them for 2 months!!!). Your account is now under review, and we propose that either:

- you pay the account in full (Call us - we may be able to agree a reduced balance for you to pay to settle the account)

- you increase your repayment to us - so clearing your account sooner. Your new payment amount is set out below.

If you have difficulty in making the increased payment please contact our payment counsellor xxxxx xxxxx without delay who will help you.

Next installment £53.00 (increased from £45) which must be paid by 03/01/08 (well that is impossible even if I was going to pay it as the letter was only written on 04/01/08 and received today!!!)

I will keep this letter from them as it has been sent after their time to send my CCA has elapsed so technically they do not have the right to send this to me anymore.

rog2

Lillys_mum wrote: »

Despite all my letters to them this appears in the post today.
Letter dated 04/01/08

Dear Mrs x

Thank you for keeping your payments up to date (well that makes me laugh as I haven't paid them for 2 months!!!). Your account is now under review, and we propose that either:

- you pay the account in full (Call us - we may be able to agree a reduced balance for you to pay to settle the account)

- you increase your repayment to us - so clearing your account sooner. Your new payment amount is set out below.

If you have difficulty in making the increased payment please contact our payment counsellor xxxxx xxxxx without delay who will help you.

Hi LM - IGNORE the letter - keep it, in case you may need it as evidence of further 'harrassment' by RW, but do NOT reply to it.

This, unfortunately, is a typical tactic of the 'debt collection mafia'. When they know that they are unable to comply with their own legal obligations they will either 'carry on as if nothing had happened' or 'appeal to your moral obligations regarding the alleged debt'.

Since they have shown no 'morals' in the way that they have conducted their affairs, in your case, then why should you be expected to behave 'morally' towards them?

You have started the 'cca' proceedure and must not allow them to 'sidetrack' you from the legal proceedure.

RAS

Bump for lilly's mum

Lillys_mum

I have now had this from Robinson Way in response to the 3rd letter I sent them

Dear Mrs x

Further to your recent letter, a copy agreement has been requested from our client and we await their response. Please note, as regular payments have been made to this account since March 2004, this debt has been acknowledged by you and is fully enforceable. Please send your arrears by return.

Yours faithfully
Collections Manager


Is this true or are they just trying it on again?
They had up until 5th Jan 2008 to produce the CCA but have been unable to do so.
Where do I go from here?

rog2

Lillys_mum wrote: »

I have now had this from Robinson Way in response to the 3rd letter I sent them

Dear Mrs x

Further to your recent letter, a copy agreement has been requested from our client and we await their response. Please note, as regular payments have been made to this account since March 2004, this debt has been acknowledged by you and is fully enforceable. Please send your arrears by return.

Yours faithfully
Collections Manager


Is this true or are they just trying it on again?
They had up until 5th Jan 2008 to produce the CCA but have been unable to do so.
Where do I go from here?

Utter codswallop, LM. They are, indeed, trying it on.

Your first port of call should be the Trading Standards Office. Explain the situation. RW have, now, committed a criminal offence by not providing you with this information.
I will have a look to see if there is a suitable letter, but I think it is now time to start reporting RW to the necessary statutory bodies.
Back soon.

Lillys_mum

I had started another thread as they had sent me 2 letters already after the deadline had passed, I agree it is now time to do something about it.
They, and all the other agencies like them, seem to think they are above the law!!!

Any help you can give me on taking this further would be great, I intend to take this all they way and claim my money back from them as they have been illegally collecting payments from me since they supposedly took over the debt.

Many thanks Rog2

rog2

Lillys_mum wrote: »

Any help you can give me on taking this further would be great, I intend to take this all they way and claim my money back from them as they have been illegally collecting payments from me since they supposedly took over the debt.

So you should, LM - Now we need the experience of weller711.