Robinson & Way Response..any Adsive!

stephane_2

I recently requested from Robinson & Way a CCA for an ex-debenhams account, I have had a letter from them today and it says the following:
"We have requested a signed agreement from our client and this will be forwarded to you as soon as possible". They also add the following:
"As a simple assignee from the original reditor we have acquired the rights but not the duties of the creditor as defined 189 (1) of the CCA 1974 and accordingly are entitled to pursue the customer for the onies that remain due by reason of section 136 of The Law of Property Act 1925".

What does that mean? can anyone help?
Thank you so much

fermi

stephane wrote: »

What does that mean? can anyone help?

It means that they are talking out of their backsides. :mad:

I've seen this excuse a dozen or more times, and every time it is proved to be rubbish.

While they are in default of the CCA request after 12 + 2 days then they are not entitled to enforce the debt.

That applies as much to them as the original creditor. The bit of legal jargon then have used is a load of twaddle.

In fact that bit of the act states that a creditor is:

“creditor ” means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

AS the "creditor" here R&W have a duty to supply the CCA, and the consequences of not doing so apply to them just as much.

Nilrem

I believe the term used to describe their response is "rubbish" - to me it looks like they are trying to say they don't need to supply the CCA because they are not the original creditor, as I understand it the CCA should be available from anyone chasing the debt.

In short they are trying to get out of supplying the CCA, in the hope that you won't realise they still need to supply it, and it's not just down to the original creditor.

At least that is my understanding.


[edit]
Fermi replied as I was typing

stephane_2

Thank you Fermi,
Their 12+2 are coming up early next week, do I need to send them another letter after that or do I wait the 30 calendar days? Does that mean that they have another 30 days to provide the CCA to me?
Thank you

fermi

stephane wrote: »

Thank you Fermi,
Their 12+2 are coming up early next week, do I need to send them another letter after that or do I wait the 30 calendar days?

You can send them another letter after the 12 + 2 days if you want. In this case that would show that you are not believing their attempts to deceive you about their obligations.

There is an example letter here:

http://forums.moneysavingexpert.com/showpost.html?p=11660785&postcount=12

but there are others.

stephane wrote: »

Does that mean that they have another 30 days to provide the CCA to me?

If they don't provide it within the 12 + 2 days, then they are in default of the request which means they are no longer entitled to enforce the debt.

If they still haven't supplied it within another month from that, then they commit an offence as well. At that point you can complain/report them to trading standards if you wish.

stephane_2

Thank you so much Fermi, I will send them another letter next week.
Is it right for me to understand that if they provide me with the CCA after the 12 days but still within the 30 days, then they can chase me for the debt??

Sorry I posted 2 thread but cannot find the new one I posted!!

fermi

Even after the extra 30 day if they they produce an agreement they will be entitled to enforce the agreement.

That is one reason why using CCA requests is not always an easy ride. There is always the possibility that they could find the agreement later on. Committing the offence after the 30 days does not stop that possibility.

I've even seen some creditors go to court when they haven't produced an agreement, only to produce it in court. :rolleyes: Hasn't happened often, but there is always that slight possibility.

stephane_2

Thank you, well... I have to be prepared for that but maybe if they can't find the CCA I might be in a better position if I wanted to settle the debt to have a much lower Full & Final settlement figure? The CCA date from the mid 1990'S....

fermi

stephane wrote: »

Thank you, well... I have to be prepared for that but maybe if they can't find the CCA I might be in a better position if I wanted to settle the debt to have a much lower Full & Final settlement figure? The CCA date from the mid 1990'S....

Could put you in the driving seat for a F&FS if that is the case, but depends how it goes.

GeorgeUK

I would be careful with the F&F idea. If they never produce the CCA and don't take it to court, the debt will be statute barred 6 years after you last payment was made - but only if the debt is not acknowledged in writing.

If i recall, the last payment was about 3 years ago? (Might be confusing you with someone else)

If they write and offer a F&F (which they shouldn't do as they shouldn't be pursuing an unenforcable debt), you could accept but do not put it in writing yourself. This would restart the clock on the statute barred criteria.

stephane_2

Thank you George...I have a similar situation with CapQuest for a debt of £12000, I have requested CCA..one week to go! If Capquest cannot provide CCA, how can I proceed if I wanted to offer them a F&F as I do want to settle that debt (£12000) but do not have the all of the £12000?. Until I requested the CCA from Capquest they always refused a reduced F&F. Do I do it in writing?
Thank you