Robinson Way and Paypal

[darren.reading]

Hi!

 

I have had a look through some of the posts on the Forum and think I have got some good help and advice so far.

 

I am having issues with Robinson Way.

 

My paypal account entered into a negative balance after a chargeback received from someone who purchased an item from me on eBay for close to £1,000.

 

I disputed the chargeback as I did not believe there was a case for it, but paypal did not successfully defend it, and as such, deducted the amounts from my account and hence the negative balance.

 

After 180 days, paypal passed this balance on to Robinson Way, and closed my paypal account.

 

I have received numerous letters and an absolutely huge number of telephone calls from Robinson Way regarding this.

 

The telephone calls I no longer answer, and all I get is a recorded message saying this is a message for me, and to call Robinson Way on the telephone number they give.

 

The letters have progressed from detailing the balance due, to saying that payment must be recieved, and now the same letters come in the same envelopes but are on the letter head of a firm of solicitors saying they are acting on behalf od Robinson Way, though you can tell by the layout and addresses that they are all part of the same company I expect.

 

The latest letter asked me to provide information on my income and expenditure, and that failure to anwer within 28 days would result in court action being taken.

 

It has been a long time since I spoke to anyone from Robinson Way on the telephone, and in all honesty, I cannot remember exactly what was said to them, though it would have been along the lines of I can see what I can do about payment.

 

I have never responded to any letter from Robinson Way.

 

It seems that this action from Robinson Way is continuing without them really progressing to a stage past phone calls or letters.

 

What position are they in with regard to action that they can actually take, and how best can I defend this?

 

I am already within an IVA with my previous unsecured creditors, and as suchm, am not in the position to be able to pay back the amount that they are claiming for.

 

Any help and advice would be greatly appreciated.

 

Thank you.

[spuzzcake]

Hello Darren,

 

I was in a similar situation with PayPal. Someone used PayPal to pay for goods and fraudullently claimed back the money. PayPal ignored my comments on the dispute and awarded in the buyers favour. This left me with a negative balance of close to £300 which was shortly past on to Robinson, Way and Company. Now starts the onslaught of telephone calls and letters.

 

To stop the phone calls use this letter,

 

Your address

Robinson, Way & Company Limited

London Scottish House

Quays Reach

Carolina way

Salford

M50 2ZY

 

todays date

 

 

Account Number: xxx

 

Dear Sir/Madam,

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

Yours truly,

xxx

 

 

With regards to the actual debt, I sent them a letter requesting the original credit agreement with PayPal, a copy of the deed of assignment allowing Robinson to collect the debt and a statement of the account.

 

Your address

Robinson Way & Company Limited

London Scottish House

Quays Reach

Carolina way

Salford

M50 2ZY

 

date

 

Dear Sir or Madam

 

Account number - xxx

 

This letter in no way acknowledges that I hold a debt with your organisation or any other.

 

 

 

With reference to the above account, I would like the following information provided to me at your earliest convenience.

 

1. A true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 11245806.

 

2. The deed of assignment allowing you to collect this debt

 

3. A statement of account

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that you cease chasing this unsubstantiated debt.

 

Your faithfully

 

 

 

 

xxx

 

 

 

They replied a few days later saying that all their client's terms and conditions were on their website and I was still due to pay to prevent court action. I replied with the following letter,

 

 

 

 

address

Robinson Way & Company Limited

London Scottish House

Quays Reach

Carolina way

Salford

M50 2ZY

 

date

 

Dear Sir or Madam

 

Account number – xxx

 

This letter in no way acknowledges that I hold a debt with your organisation or any other.

 

 

 

I refer to your recent letter dated xx/xx/xxxx in which you fail to provide me with any of the information I requested, particularly; a true copy of the original credit agreement, a deed of assignment allowing you to collect the alleged debt and a statement of said account. As you have failed to comply I would now ask that you cease communication in relation to chasing this unsubstantiated debt. Any further communication to the contrary will lead to a letter to the Trading Standards Agency reporting you for harassment.

 

Your faithfully

 

 

 

 

xxx

 

 

They replied a few days later saying that they had passed the account back to their client saying any outstanding money owed should be paid to them. I fully expect PayPal to pass it on to someone else. At some point along the line I am going to invite them to take me to court and counterclaim for compensation.

 

Good luck!

[Russe11]

I had a simular problem with paypal, a letter then had one phone call from Robinson Way and in as many words I told them to issue there court claim against me and i'll be happy to defend/counterclaim as appropriate untill the do **** off calling me.

 

Never heard anything after that....

[spuzzcake]

Probably just as effective but doesn't leave much of a paper trail should it go to court!

[alfwithhair]

Yes I too have had trouble with this chargeback business last year with Paypal.

 

I sold a mobile on eBay for £80 to buyer paid by Paypal, using a confirmed address account, so I had no reason to doubt the transaction wasn't above board.

 

Money went into my account so posted the phone off. 2 weeks later check my paypal account, £80 missing.

 

Contacted Paypal to see what was going on and they telephoned me saying that the card used to finance the transaction was stolen and that was the reason the money had been returned.

 

I asked if it was a stolen card, why are you not pursuing the person who used it, I have had no part in any fraudulant activity. They said the legal card owner had not purchased any item from me, so he was therefore entitled to a refund. So I asked for the legal owner of the card and account to send me my phone back. He said he had never received a phone, well thats funny as it was sent special delivery and signed for by the person with the registered account with Paypal.

 

They said they would undertake a full investigation, but dispite numerous calls and letters I never got a response or the money back.

 

It is just fortunate that the chargeback did not reduce my paypal balance to a negative sum or I too would have been chased for the debt.

 

 

I don't know how Paypal get away with this chargeback thing. The genuine seller is always the one out of pocket through no fault of their own. It is a disgrace

[pugsley]

subscribing as getting so many calls, had someone defraud me out of a tv on ebay with a stolen credit card and now owe paypal after a chargeback