Urgent help required please

chezwicks

Hi, im new here and hope somebody may be able to advise.

Right........here goes...... Approx 8 yrs ago we took out a loan with secure homes (unsecured). After about 18months, we started having financial difficulties and contacted secure homes to accept a reduced payment, which they accepted. After about another 6 months or so, we sold up and moved house, in which the payment book from secure homes got mislaid. After telephoning them over a period of about a year asking for a new payment book, i got sick of chasing them and gave up!! (wrongly i know). Anyway, about a year later we had a visit from a guy on behalf of secure homes and i explained i'd been contacting them for a new payment book but never heard anything back. This guy told me not to worry and while he was here, i completed a direct debit form for £25 a month and was informed payments would commence at the end of that month. While he was here, he gave me a card and said if we had any problems, to ring the lady named on the card.

Anyway.....about 3 months later i noticed no payments had been taken from my bank account so i rang the lady named on the card, but unfortunately she had retired. I ended up speaking to someone else who informed me that the debt had now been passed to a company called JB Debt. They gave me JB Debts number and a standing order was set up for £25 a month and these payments were made for 2 years up until about March this year.

Late February, we received a letter from a company called Robinson Way Ltd telling us we had to pay the balance in full. As we had never heard of Robinson Way, we went onto the Consumer Action Group site and were advised to send a letter to Robinson Way requesting a copy of our original credit agreement and that they should send it within 12 working days (letter was sent recorded delivery on 12th March) As we were worried that we were already paying this debit to JB Debit and were receiving letters from a completely different company, I decided to cancel the standing order to JB Debt, because i didnt want to end up paying the same debt to 2 different companies - and i also had no contact details for JB Debt.....so i thought if i cancelled the standing order, maybe JB Debt would contact me.

I got a call from JB Debt about 6 weeks after i cancelled the standing order, and i explained our worries to them about getting a letter off Robinson Way and they confirmed they were collectors on behalf of Robinson Way. I was still worried about this and explained i had sent the letter to R/W requesting copy of credit agreement and had heard nothing back. JB Debt said they would send me a balance letter. As you will appreciate, i am still worried about 2 companies chasing the same debt.

Anyway, today we have received a letter from yet another company, now on behalf of Robinson Way stating the have been requested to carry out a pre-sue report. We are beside ourselves with worry.

Please can anyone advise on what steps to take, and i apologise for this post being so long, but i wanted to explain as much as i could

Any help is welcomed

thankyou xx

fermi

Did anyone comply with the CCA request as advised on CAG? Supplying a copy agreement that is.

The CAG site has been down this morning, but was back up and running a few minutes ago. It might be an idea to post an update on your thread there, or start a new one.

chezwicks

Hi, no i got no response from the letter i sent requesting copy of the original credit agreement.

chezwicks

Just tried but still cant get on the consumer action group

fermi

chezwicks wrote: »

Just tried but still cant get on the consumer action group

Odd. I can.

fermi

Since this has been passed to another DCA while the original hasn't complied with the CCA request, then the bods on CAG will often recommend the "I am bemused letter".

Goes something like:

FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

chezwicks

Thanks, ive got onto the consumer action group now, thankyou