MAIT vs RobinsonWay

[MadAboutIT]

I have an account with Robinson Way which they purchased from Crap1

 

I have had recent correspondence from CapQuest advising me that thier client (RW) has advised them to collect the debt (lol)

 

Anyway, I have sent a SAR request to RobbersWay on the 29th March and have the Proof of Delivery from 31st March. Today, I have received a letter from HL Legal Solicitors advising that CapQuest has appointed them on behalf of Robinson Way. Now they are threatening for full settlement or satisfactory proposal before 20th April 2010 court proceedings 'may' be issued against me.

 

So, questions...

 

Can CapQuest pass on my information whilst I am waiting for the SAR details from RobberWay? Can they proceed with the 'threats' of court proceedings from HL Legal Solicitors?

 

I advised CapQuest on the 29th March that I had sent a SAR request to RobbersWay, I called them up today and asked them to read out the last note on my account, CapQuest answered 'We see you have sent a SAR request, but we haven't recieved it', to which I answered 'I sent the SAR to RW and not you as RW have bought the debt and not CQ', he responded, 'Oh I understand, we will cease all action on this account for 30 days', I replied, 'You will cease all action on this account until such a time as RW have complied to my SAR Request, goodbye'

 

So, should I file this letter from the Solicitors incase I run out of toilet paper or do I respond to them now advising a SAR has been sent to RW??

[Hardupnotfedup]

The SAR should have gone to OC,

[MadAboutIT]

oh damn, so I just wasted £10 to RW?

 

If RW bought the debt, shouldn't they (if they do not have it) send a request to the OC for the information they do not have?

[PGH7447]

I would write to both sets of fools at robbingscum and crapqeust and tell them that until such time as they dan decide who is supposedly chasing this alledged debt then they can both whistle

[MadAboutIT]

So upate time...

 

I recieved what were to be statements from Robbersway that just showed the debt they bought from Crap1. I advised them that I required all the information so they went back to the OC.

 

I recieved a letter which advises that they cannot supply a copy of the original DN but they have given me the template DN that would have been issued to me (see below) and a screenshot of what looked like an account.

 

So, the DN states (will type it out as I have no scanner)

 

00/00/0000

 

Dear

 

Account number: >

 

Please pay > now

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

Notice of Default server under section 87 (1) of the Consumer Credit Act 1974

 

You have breached your Capital One Credit Card Agreement by failing to pay us the minimum monthly repayments described in clause 8 of the agreement. You must pay the amount overdue, shown above, within 10 days of the date of this letter.

 

IF THE FURTHER ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ACTION BE TAKEN IN RESPECT OF THE BREACH

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU OR A SURETY.*

 

1. We will terminate your account and issue you with a Statement of Default. This means you will permanently lose your account and all spending privileges on your card

 

2. You will have to pay the who balance immediately. And we may add any reasonable costs we incur recovering the amount owed.

 

3. We will notify the credit reference agencies that you have defaulted on your agreement, this may affect your ability to obtain credit from other lenders.

 

4. We may place your account a debt collectin agency, which may use dooor-to-door collectors and add additional costs to the amount owed.

 

5. We may take court proceedings to recover all sums owed to us.

 

6. We will use any security deposit you may have paid when opening your account against your outstanding balance.

 

 

 

------

 

So I also recieved a copy of what would have been a blank ternination letter. So far, I have no original agreement, no copy of the DN, no Termination letter and a whole load of Robbersway information on 'thier' account details of me.The 'copy' of the template DN they said would have been issued does not have a letter head or anything.

 

So what would be my advised best next course of action? Should I just go back to Robbersway and advise that the information supplied is not substantiated from my SAR request? Do I send Robbersway the LBA letter?

 

the CRA have Robbersway as the company who own the default. Robbersway advised me that when they purchased the account from Crap1, the default I had will show up as Robbersway as they bought the account in it's entirity.

 

any help please?

[Hardupnotfedup]

The DN is faulty as it gives you only 10 days to pay. Stop worrying, I don t want to say too much, have you received a letter terminating your account

[cerberusalert]

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU OR A SURETY.*

 

1. We will terminate your account and issue you with a Statement of Default. This means you will permanently lose your account and all spending privileges on your card

They've already stated that they may terminate.

 

If they have demanded the full amount rather than just the arrears it is tantamount to termination.

[Hardupnotfedup]

Have a read of Pinky69's thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

I have sent you a private message.

[MadAboutIT]

The DN is faulty as it gives you only 10 days to pay. Stop worrying, I don t want to say too much, have you received a letter terminating your account

 

I have not recieved the termination letter, I did ask Robbersway to provide copies of Agreement, T&C, DN and Termination Letter, to which they have advised...

 

"I have been in contact with Capital One regarding obtaining a copy of the default notice that you were sent. Unfortunately, a default notice cannot be recreated so a copy of the default notice layout and your account details are attached"

[MadAboutIT]

thanks to Hardup for pointing to Pinkys thread, very clear instructions from all can be found and it makes a very interesting Sunday morning read

 

Taking Pinky's letter I have copied/amended and propose sending the below on Monday back to Robinson Way, can I ask if this seems like the best next step?

 

N.B - the date they advise the account was defaulted was 12 January 2006 - does this mean different terms for the content/layout of a Default Notice where different i.e. less than 14 days?

 

Dear XXXXXXX,

 

Your ref: xxxxxxxxx

Capital One Account Number xxxxxxxxxxxxxxx

 

I write in connection with a credit card account referenced above which is in dispute. I do not acknowledge any debt to Capital One or to any company affiliated with the original creditor, namely you Robinson Way. This is in response to your letter dated 9th June 2010 where you advised a copy of the default notice could not be recreated. I must advise I did not request a recreated version of the Default Notice but a true copy of the Default Notice I had supposedly received.

 

 

In March 2010 I requested a copy of all information relating to Capital One and your company Robinson Way. I received until now nothing that resembles a signed credit agreement a true copy of the default notice or termination letter. Account statements from the original creditor have also not been supplied.

 

The copies of the default notice that would have been sent and the failure to fulfil the requirements for a copy of an executed agreement under the terms of the Act and is unenforceable in law. What you provided in your latest correspondence is purely a screenshot of an account status and does not conform to the requirements of the Consumer Credit (Agreements) Regulations 1983. A credit card agreement must have the prescribed terms (credit limit, interest rate, and repayment schedule) within the same 4 corners of the agreement as the signature box. This screenshot has no prescribed terms and no terms and conditions whatsoever let alone a signature.

 

 

Due to the lack of information presented from your company and Capital One including but not limited to failing to supply any documentation containing my express written permission to process my personal data in connection with this disputed account your company and Capital One are in clear breach of the Data Protection Act 1998.

Furthermore, according to your latest correspondence, if a Default Notice was sent by Capital One in the form laid out in template default notice you provided in your latest correspondence then they have sent me an invalid Default Notice in connection with this disputed account. The date by which to remedy the breach of the alleged agreement is given on the Notice as 10 days from the date on the letter when in fact under the Consumer Credit Act 1974 the time that must be given to remedy a breach of agreement is 14 days after the date of service. The date of service in law is deemed to be 2 days after the date on the Notice if it was if sent by 1st Class post and 4 days after the date on the Notice if it was sent by 2nd class post. There then must be 14 clear days after the date of service allowed to remedy the breach. All the original creditor did was set a date 10 days from the date on the letter, rendering the Notice unlawful as it did not allow sufficient time for the alleged breach to be remedied. The original creditor then terminated the alleged agreement, unlawfully rescinding the disputed account. The original creditor then entered an unlawful default on my credit reports as they did not serve me with a valid Default Notice before terminating the disputed account. The Information Commissioner is clear that all entries to credit reference reports must be made in accordance with a recognised industry standard. The original creditor actions have in my case not only fallen well short of the recognised standard but have been in clear breach of the consumer credit and data protection laws.

 

 

Unless the original creditor or Robinson Way can provide me with documentation in which I gave either of them my express written permission to process my personal data, I require them to cease all use of my personal data with immediate effect and remove all entries from my credit reference report, this also applies to Robinson Way. It will not be good enough to assert that I must have signed any agreement – I require clear documentary proof of written permission.

 

Robinson Way has 21 days to reply and action as necessary. Failure to do so will result in further action from me, including but not limited to, formal complaints to the Information Commissioner and the Office of Fair Trading Consumer Credit Licence Fitness Department reference gross misuse of my personal data and blatant breaches of the consumer credit laws.

 

 

I look forward to hearing from you. If there is anything about this letter you do not understand I advise you to consult a solicitor.

 

 

Yours sincerely

>

 

cc Experian

cc Equifax

cc Call Credit

 

Note to the credit reference agencies : You are jointly responsible for entering an unlawful default entry into my credit report in connection with this disputed account and your actions will form part of my complaint to the regulatory bodies if such action is required.

This letter contains 2 pages.

[Hardupnotfedup]

(7 days for notices issued before 1st Oct 2006, 14 days for notices after 1st Oct 2006) I am sure this is correct, Just bumping it up.

[Hardupnotfedup]

Didn't realise that this DN was that old.

[Guest]

re a dn, see here http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

 

14 days was in force wef 19/12/06