Robinson Way Rearing Ugly Head - Again!

[spacehopper]

I sent RWC my CCA request on 9th July, and relaxed when the 12 day deadline passed. Slipped into a coma when month one, two, three etc. passed. I suppose the relief gave a false (?) sense of security.

 

Now they have found my home phone number, and have started getting daily phone calls.

 

I haven't acknowledged the debt. I have calmly repeated my request for a copy of the original signed credit agreement and finished the phone call. The next call which should be tomorrow evening, I will state that all future delings with me must be in writing, see how that goes.

 

Tonights Agent said it should be me that talks to who they bought the debt from to get signed credit agreement ! I know this is wrong.

 

Basically, what should I do now ? Have I missed a crucial letter that could halt them completely, bearing in mind that no proof of debt will be forthcoming from them

 

Thanks for reading people.

[Edz11]

The CCA recognises debtor and creditor (and owner in the case of an HP agreement). It doesn't recognise "debt collector" or any generic offshoot.

 

So if they are the "creditor" as defined by the act then the definition says that they have duties as well as rights. One of those inconvenient little duties is to provide credit agreements when requested. If they say they are not the creditor as defined by the act then they have as much right to ask about the debt as I do. There may well have been a business transaction between the OC and the DCA but only the creditor can commence court action. The DCA may start it as agent but the original creditor must be the claimant.

[42man]

Spacehopper you are correct wait and see what they produce if anything, if they now own the debt (as Edz says they own the rights and the duties) Wait to see what is produced, don't call them, and I would send a letter by recorded delivery stating that you will NOT accept any phone calls, all correspondence will be in writing only - any calls received by you will be regarded as harrassment and treated as such. The fact you told them on the phone will not make any difference, they will stalk you, by writing to them you have that record that you have told them. You will find the phone will go quiet once they receive that letter. IF they continue to ring after that letter then they have committed a criminal offence in harrassing you.....

[spacehopper]

Thanks for responses, most helpful.

A point of interest I'm sure has been discussed before though.

RWC in their phone conversations have referred to a £1 receipt in respect of the debt given to a field agent at my door ! This is a complete lie, trying to get me to acknowledge the debt. The £1 is of course the cheque I sent for the CCA request I sent in July but they never sent any information. Is this something I could pursue ?

Ta Spacehopper

[spacehopper]

An update - Received letter from RWC after non response from CCA request. They say account has now been returned to Cabot and will now longer be managed by RWC. What do you think Cabot will do ?

[42man]

A good result Space....I imagine that Cabot may try to pursue you themselves or pass it to another DCA.....let us know if you hear anything else !!!

[pt2537]

Ding Ding round 2:D

 

they will probably as 42man says, play silly beggars and chase you themselves,however the original cca request still stands so no agreement no enforcable debt and they are still in default

[babybear39]

If/when you hear from cabot or another DCA, respectfully remind them that the alledged debt is in dispute awaiting response of your CCA request They CANNOT chase or pass on a debt in dispute. If they continue to do so report them to Trading Standards immediately. Here's the link: Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Good luck and best wishes.

[spacehopper]

Hi

 

had a letter from Scotcall chasing for same debt, with another £500 lumped in for good measure !

Robinson Way returned my £1 and told me they were returning account to Cabot.

 

Do I start again with CCA sent to Scotcall ?

[42man]

I would send a CCA to both Cabot AND Scotcall...and if Scotcall decide to say they will call round send them this....

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[42man]

It might be a good idea to ring Consumer Direct also and report them....it would seem they have NO legal right to collect on any alleged debt....and all the time these companies are probably throwing defaults on to your file !!!

[babybear39]

Yes, deffinately call consumer direct

[russthedude]

i had problems with scotcall years ago, claiming i owed them money on behalf of A&L, but i was paying it back to another DCA, so i stopped and told them to sorti it out amongst themselves. it has now popped back up (4 or 5 year later now) and Clarity want the money!!! i (stupidly) offered £100 a month for £7000 debt, but then after reading advice here i called up and told them i was going to wait until they can prove i owe them money...

[overdone]

It might be a good idea to ring Consumer Direct also and report them....it would seem they have NO legal right to collect on any alleged debt....and all the time these companies are probably throwing defaults on to your file !!!

 

Who are consumer direct?

[Guest forgottenone]

Consumer Direct is the new name for the old Trading Standards. Split into counties, as the old TS were, you now have to go through a call centre, then they relay *if they think it's important enough; recent dealings with them show I knew more than what they were supposed to, despite they getting a paycheck to, particularly on things like CCA, enforceability; but each area to it's own etc eg quality* your complaint/query onto TS.

 

Now, if Consumer Direct used a free phone number, as opposed to one you pay minute by minute *usually on hold for a long long time before you get to someone* then it would be a different matter. It would seem TS is no longer as easily accessed as it once was. Even my local TS, though listed as a direct number in the directory still, dialling it get shunted straight to CD.

 

Anyway, CD = TS. Sorta.

[Brassed off]

Consumer Direct fields calls for TS as they can deal with simple matters easily without getting TS involved.

 

IME, they have been excellent. I simply e-mail them and usually get a reply within a couple of days.

 

Consumer Direct

 

Bo

[babybear39]

Further to everyone else's advice, TS are enforcement officers for the OFT