Urgent Help please Robinson Way Notice of legal action

britbabe1979

Hi guys, just wondered if anyone could help me please? I've had letters and phone from various different companies about a debt with Natwest Credit Card I had 11 years ago.

Basically I have always disputed the debt and was sure it was dealt with many years ago when I was using a debt management company, but they are syaing there is still £782 outstanding.

I have asked them for copies of statements etc and they have provided them and it appears that the last payment was made less than 6 years ago so obviously not statute barred.

ANyway, I have explained to them that at this currewnt time I am not able to offer them payment due to existing debts that are already being paid off and that I am actually running £2.50 a month over my income!!

They have now sent me a "Notice of Legal Proceeedings" from Robinson Way & Co. It isn't a court summons, but a notice of intended court action.

Obviously now I am very concerned but just do not have the cash to pay them. Has anyone dealt with Robinson Way & co in a similar situation? Do you think I will end up on court and if so what will happen? I already have one CCJ and can't get credit so that doesn't really worry me at the minute!

ANY advice appreciated!

immoral_angeluk

Do you have the original CCA?

britbabe1979

They sent me a photocopy with the statements, but this was a while back and Ive misplaced it (i know, i know!!)

britbabe1979

actually they didnt send me a CCA, just statements (have found the letter, was with Fenton Cooper in October 2007.. and now its robinson way & co who are persuing me!

RAS

Definately request a CCA, if for no more reason than you need to establish who actually owns this debt. As part of that, you would get the statements of account, hopefully.

fermi

Definitely send the CCA request.

If you should ever get a real County Court Claim form though the post then you can request extra information through the Civil Procedure Rules.

You can't send the request below until you receive a real set of claim forms, but if you do then send something on these lines ASAP by next day delivery.

EDIT as needed.

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. . The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

Violet1

I have no idea about the legalities I'm afraid, but I have had dealings with Robinson Way in the past and they've been reasonably ok to deal with

fatbelly

I think this is just one of their standard letters. i see a lot of them and can't remember them ever taking court action.