Robinson Way- bank account they say no CCA

souljahslim

Hi,

I have disputed a debt that Robinson Way a DCA have been chasing me for realting to a bank account.

I sent off a CCA and they have written to me today advising me that their client HSBC have said that their is no credit agrement and thisdebt relates to a bank account and therefore no credit agreement was signed.

My question is: In regards to bank accouts - do a DCA need to supply any CCA or agreement to collect on the debt.

jimbo26

I may be wrong but I don't think the CCA relates to a bank account. I'm sure someone will correct me if I'm wrong.

fermi

There certainly isn't a requirement for a 'Consumer Credit Agreement' to exist. So a CCA request is not relevant.

If I remember correctly, if any OD facility is agreed then bank is required to write to you or provide you with details of the limit/conditions/rate/charges etc.

souljahslim

thanks guys, the thing is I dont remember taking out a bank accoubt with HSBC- surely its up to them to prove the debt belongs to me- i have written a lettr should I ask them to provide proof

fermi

If you don't remember ever owing HSBC anything, then it's up to them to prove that you do.

Until they do, you don't need to pay a penny.

If you feel like writing to them, then National Debtline have a generic "bog-off until you prove that I owe you anything letter".

Can be adapted to suit.

BY RECORDED DELIVERY

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Account No: 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mr A N Other