Robinson Way, Sainsburys 2 Acc

[vint1954]

You could also add a sentence or two to Lexis' fantastic letter saying something along the lines of:

 

"It is important for us both to have all communication in writing as it protects us both in the event of litigation. "

 

I wonder if it would also be worth adding something to say, if they insist on a home visit then you would like your legal representative present.. as it is at their insistence a home visit is made, they will be responsible for your solicitor's fees:rolleyes:

And also that it is a personal security measure against identity theft, that comms are in writing.

 

Don't forget they need to make an appointment and if you don't make one, they are not allowed to turn up.

[overdone]

--

ACCOUNT IN DISPUTE

I do NOT acknowledge any debt to your company

 

Dear Sir or Madam,

Your reference:

Client name:

Thank you for your recent correspondence dated 16 October 2009 the contents of which are noted.

 

I note you state, in previouse correspondence that you have complied with my request under section 78 of the Consumer Credit Act 1974.

 

I wish to draw your attention to a series of concerns that I have with the document your client has produced and why they have not discharged their duties under Section 78(1) of the Consumer Credit Act 1974

 

Please take note of the following which outlines my position in this dispute.

 

1.

Section 78 of the Consumer Credit Act 1974 states:

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,-

a) the state of the account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

The provision of an application form as referred to in your letter, is insufficient to satisfy the provisions of Section 78 of the Consumer Credit Act 1974 or my lawful request for information.

 

2.

Not withstanding point 1 above, the provisions of Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557) state:

 

(2) Legibility of notices and copy documents and wording of prescribed Forms

 

1)The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

Clearly as the document your client has supplied is not easily legible they cannot claim to have discharged their obligations under section 78(1) as the document does not comply with the copy document regulations referred to above.

Now to resolve this matter you can either supply me a copy of my alleged credit agreement, which is in a legible form, or alternatively, we can lay the agreement which you have produced in reply to my statutory request pursuant to section 78(1) of the Consumer Credit Act 1974 before the County Court and I will request pursuant to section 142(1) of the Consumer Credit Act that the court make an order on the enforceability of that document.

 

However I am sure that the bank would not be keen on this happening as should the court rule that the agreement is not enforceable and you cannot provide a better copy than what you already have, then the court would have no other option but to rule the agreement unenforceable.

 

I think I have set out my position clearly and have even reproduced excerpts of the legislation on which I base my case, therefore I respectfully request that you reply to this letter within 14 days setting out if you can supply a more legible copy of the agreement or what action you propose to resolve this dispute if you cannot. Although, the only real obvious option if you cannot provide a better copy would be for the bank to zero the balance on this alleged debt as it cannot be enforced.

 

I await your reply and would appreciate your due diligence in this matter.

I look forward to hearing from you in writing only.

 

Yours faithfully

Edited October 22, 2009 by overdone
add info

[citizenB]

OD, you might like to have a look at another Lexis letter.. it would appear she has seen off Robinson Way ... for good...

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2619812.html

 

Posts 289 and 290 from the above link

 

Your 3½ line letter (complete with misspelt words and unfinished sentences), dated the 16th November and sent by 2nd class post, arrived with me on Monday – the 16th November. This seems rather strange and I will assume it is not your standard practice to post-date items in order to make your company appear swifter in its responses.

 

You are well aware the piece of paper you sent does not fulfil the requirements of an enforceable agreement.

 

You are also well aware that court action is not an option that is open to the Bank of Scotland, let alone any of the low-level companies they employ to unlawfully harass people.

 

Any further threats of legal proceedings will be met with a request for information under the Civil Procedure Rules in order to ascertain what documents you would be relying on in court, as I am assuming you would have something more than the illegible application form with no prescribed terms that I have already been sent many copies of. You should bear in mind that I have sent a request under the CPR to Blair, Oliver & Scott for this same information in March 2009 after their threat of court action. They are still in breach of this request, and both Blair, Oliver & Scott and the Bank of Scotland are strangely reluctant to answer my questions regarding this complete lack of a response.

 

Lastly I will inform you as a courtesy that I will not be spending time, money and energy on replying to you any more. In addition to not having any legal right to harass me about this account, you clearly have no knowledge of the Consumer Credit Act, no wish to act lawfully, and no regard for abiding by either the OFT guidelines on debt collection or the CPUTR so I see no reason to humour you with further communication. I am however keeping all copies of your letters for any complaints I see fit to make to the OFT, FOS and Trading Standards. I am sure they will find your use of threatening language (despite knowing you can not carry out your threats) very interesting.

[overdone]

Robinson Way Limited

 

3rd December 2009

 

Dear Overdone,

 

Ex Sainsbury's Account

 

******Special Offer Early Christmas Present*******

 

Get the new year off to a good start with our unique offer. As an early Christmas present, if you set up a payment plan with us, we will match £ for £ what ever you pay in December. This means you can even have this account cleared for the new year if you pay just 50% off the balance, as we will pay the rest!!!

 

Contact us now on our free phone number 0800 xxx xxx or, if you prefer not to talk to us, visit our website at ROBWAY.co.uk where you can pay or make a proposal to pay.

 

Yours faithfully

 

Collections Manager

Edited December 14, 2009 by overdone
plenty

[DonkeyB]

Tell them it's time to invoke the Santa Clause in the alleged agreement - Ho Ho Ho Ho Ho Ho!

 

Make a counter offer - if you provide me with an enforceable CCA I'll consider paying. Until then, jingle balls.

[The GodMother]

LOL i love it.

 

May use it with studio cards all tho i dont want to stir up old ghosts

[Pinky69]

Pathetic - the height of desperation. Jingle bells, jingle bells, jingle Robbers Way.

[overdone]

12 January 2010

 

Robinson Way, & Company LIMITED

 

Dear Overdone,

 

Ex Sainsbury's Credit Card Loan.

 

Where have we gone wrong? (Is it my job to teach you the consumer Credit Act?)

 

On behalf of the above company we have sent you a number of letters, tried to telephone you, and our local representative may have called at your address. However, your account still remains unpaid.

 

Full payment is now due but this may not currently be within your means. We may be able to offer you a reduction in the amount you owe in settlement of your account. To help you settle your account; you may even be able to pay the reduced sum over 3 instalments.

 

Call us now to take advantage of this offer or discuss alternative repayment options, or log on to www.robway.co.uk to pay or make an offer to pay.

 

If you are experiencing difficulties at the moment and need help or advice, please contact our trained financial advisor Lee Harper on 0161 935 3605.

 

Yours faithfully,

 

Collections Manager.

Edited January 29, 2010 by overdone
spelling error

[lexis200]

Did they really start it with that?!? Excellent:D

 

I would strongly suggest you now spend some time writing and telling them exactly where they've gone wrong - starting with them being in a sh**ty business and ending with them chasing money they are never going to get:p:D

[Pinky69]

Their sugary %hit makes me want to throw up.

[DonkeyB]

I can just see it...

 

"Free bl*w j*b with every payment"

 

"POGOF - pay one, get one free"

 

"Get Air Miles by paying Robinson Way!"

 

Then

 

"Sorry, this offer was an admin error, but thank you for acknowledging the debt"

[The GodMother]

lol Donkey may nick and change a few of those.

[overdone]

lol Donkey may nick and change a few of those.

Now if they offered me a free apple I Phone or a plasma TV...

[The GodMother]

Oh getting towards what l was thinking but maybe something along the lines of

 

New fan assited double oven

new washingmachine

the plumbing under sink sorted

a dishwasher

plasma screen tv

nintendo wii with wii fit all the games and acessories.

 

then the offer might be more do able for me.

[overdone]

De Ja Vue?

Robinson Way and Company Limited.

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

25/02/2010

 

Dear Overdone,

 

Re Sainsbury's cc/loan

 

Account Number

 

************************* ************************* ********

TELEMESSAGE TELEMESSAGE TELEMESSAGE TELEMESSAGE

 

************************* ************************* *******

 

I have been trying to contact you by phone. It may be to your advantage to ring me - Alex Jones - on 0800 121 6904 Before 8.30 P.M. today.

 

Yours faithfully,

 

 

Collections Manager

Edited March 2, 2010 by overdone
add info

[citizenB]

Then why cant they put that "something" in writing, hmmm

[DonkeyB]

Telemessage?

 

Doesn't that concept belong to BT?

[overdone]

First I got a picture of a chicken hatching out of its egg wanting one third of the alleged debt to settle. Then I get this letter.

 

Robinson Way & Company Limited

 

21/03/2010

 

Dear Overdone,

 

Formal Demand For Payment.

 

As we have now purchased the above debt we are authorised to recover the full amount due, quoted above. This is a formal notice of intended court action we intend to take unless you pay, or agree an arrangement to pay, the sum you owe.

 

If court action is taken and a court considers your failure to pay to be due to your refusal or neglect to pay, an order for repayment may be made. If you fail to pay in accordance with a court payment order, the following may occur:

 

A process of enforcement by court officers

An unpaid court order may make future credit difficult to obtain

An order for deductions from your earnings.

 

This debt will not go away - it makes sense to pay in full Now. You can pay by calling us with your credit or debit card, or visit our website to make a payment offer at www.robway.co.uk or see the payment instructions overleaf.

 

Yours faithfully

 

Collections manager.

[Pinky69]

It's the usual "ifs" and "maybes" standard threatogram. And if your aunt had b*lls she would be your uncle!

[DonkeyB]

Pay with your credit card? Are they encouraging you to get further in to debt to pay them? Hello OFT, I have a complaint...

[rev.ian]

They asked me to pay by credit card on the phone once, I wrote to them formally to complain, the reply was “having listened to a recording of the call we do not except our representative pressured you to pay by credit card”, then went on about the debt is still outstanding bla bla. I have my own recording here.

[overdone]

De Ja Vue I think this is called.

Persistent waste of money.

 

 

31/03/2010

 

Robinson, Way & Company Ltd

 

Dear Overdone

 

ARE YOU AWARE THAT THIS DEBT COULD BE AFFECTING YOUR ABILITY TO OBTAIN CREDIT AND EVEN A MORTGAGE?

 

We are sure you are keen as us to clear this debt once and for all. Because of this we wish to advise you of the following one-off settlement offer:

 

IF YOU CALL US WITHIN 10 DAYS WE CAN OFFER YOU A SIGNIFICANT REDUCTION TO THE AMOUNT YOU OWE. WE MAY ALSO AGREE AN AFFORDABLE REPAYMENT PLAN WITH YOU

 

Act Now! - If we do not receive a response from you we will have no alternative but to take further action.

 

Tell Us! - You must tell us if you cannot pay. We will help you if we can.

 

If you have a problem paying this account it is better to talk to us. Call us now on 0800 121 6904 or email us at payline@robinson-way.com

 

Yours faithfully

 

Collections Manager

[angry cat]

Never telephone a DCA!

[overdone]

Never telephone a DCA!

No fear of that.

[emandcole]

De Ja Vue I think this is called.

Persistent waste of money.

 

 

31/03/2010

 

Robinson, Way & Company Ltd

 

Dear Overdone

 

ARE YOU AWARE THAT THIS DEBT COULD BE AFFECTING YOUR ABILITY TO OBTAIN CREDIT AND EVEN A MORTGAGE?

 

We are sure you are keen as us to clear this debt once and for all. Because of this we wish to advise you of the following one-off settlement offer:

 

IF YOU CALL US WITHIN 10 DAYS WE CAN OFFER YOU A SIGNIFICANT REDUCTION TO THE AMOUNT YOU OWE. WE MAY ALSO AGREE AN AFFORDABLE REPAYMENT PLAN WITH YOU

 

Act Now! - If we do not receive a response from you we will have no alternative but to take further action.

 

Tell Us! - You must tell us if you cannot pay. We will help you if we can.

 

If you have a problem paying this account it is better to talk to us. Call us now on 0800 121 6904 or email us at payline@robinson-way.com

 

Yours faithfully

 

Collections Manager

 

Love the way they repeatedly confirm in writing that their actions amount to 'injury to credit'. I'd be looking at the credit reference files to see if Robbing you, Robbing me, aha, have registered this debt in their own name since allegedly purchasing it from the OC.

 

If the 'debt' is unsubstantiated, as it appears to be right now, they're guilty of registering and more importantly perhaps, maintaining inaccurate info on you, which they boldly acknowledge is harming your ability to obtain credit. Doh!

 

Bung in a breach of data protection claim as well and they're really looking at potential damages/counterclaim sums well in excess of the amount they're trying to extort from you...especially when they've probably only paid no more than 10-20% of the original debt total in the first place. If they have any sense they'd drop it very quickly.