Robinson, Way & Company Help please

[newmoonuk]

Hi,

 

I requested a CCA about a debt to Ex Redcats Catalogue. I sent a £1 postal order, and today have received a letter stating :

"As with most home shopping accounts,you will not have signed a credit agreement.You are deemed to have agreed to the terms and conditions of the credit, which were relayed in the catalogue itself,when you placed the first order.

 

By requesting goods in exchange for money, you are liable for payment of those goods. If your denying responsibility for the credit,we would ask what steps you have taken to return the goods if you did not intend paying for them.

 

As a simple assignee from the original creditor we have aquired the rights but not the duties of the creditor as defined 189 (1) off the CCA 1974 and accordingly are entitled to pursuee the customer for the monies that remain due by reason of section 136 of The Law of Property Act 1925.

 

Please note that we have requested a copy of your account statement and attached your £1.00 payment as no agreement is available.

 

We note that prior to your account being sold to ourselves you had never disputed ownership of the outstanding debt.We therefore have a legal requirement to accuratley reflect the account status with the credit reference agencies.

 

Accordingly we would request that you contact us to arrange payment on your account."

 

I am feeling a little scared around this, can someone please give me some advice.

 

Thank you xx

[cerberusalert]

Send the idiots this;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[berrylover]

Its a load of rubbish. They need to provide you with a copy of your CCA. Send this letter back, unsigned and by recorded delivery asap. Do not worry.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Re: Account no: xxxxxxxx

 

Thank you for your letter dated (enter date) which has been noted for future reference.

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance.

 

[newmoonuk]

Thank You for you replies, very useful, i will let you know the response !

[count orlok]

"Please note that we have requested a copy of your account statement and attached your £1.00 payment as no agreement is available."

 

No need to send long letters (they may have trouble reading them and you would only confuse the dears). the above quote from their letter says it all, "as no agreement is available" there is didley squat they can do about it.

[newmoonuk]

Hi,

 

Just had a reply to this:

 

Further to your request for a copy statement/ agreement for your account. Our client confirms that all relevent information has previously been sent to you.and the balance outstanding as stated above is correct.

 

The account is now long overdue for payment and we look forward to receiving payment in full,or your proposals,by return.

 

So, what now?! Ignore?

[mr.ton]

They are just trying to bullsh*t you with that response.

No CCA=no payment...simple as.

Report Robberscum to the OFT, trading standards & the info commissioner

[kitchenboy]

Hi newmoon, have a look at my thread it is a work in progress but the debate is valid,

 

 

Hope it helps.

Edited March 30, 2009 by kitchenboy
remove link not working

[newmoonuk]

Hi,

That link, just takes me to the forums..unless i'm being stupid..which is probable lol

[kitchenboy]

Sorry it must be me being daft try this;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/190881-assignments-could-useful.html#post2060666