Robinson Way \ Harwich Farrelly issue cap1 debt

[adenjago]

Hi Guys

 

Been Lurking on here for a while and enjoy the forums and have got the following scenario

 

I noticed on my Credit history I had an default registered by Robinson Way which I have never been contact about by letter or phone with the below information

 

Debt -£1,431

Date - 11/10/2004

default - 15/01/2007

 

So on the 28/04/11 I sent the a Standard CCA Request to Robinson Way, albeit unfortunately I think I dropped a clanger by not sending the request by recorded delivery (i thought read on the forums that you send the CCA reminder rec Del...)

 

so on 02/05/11 I received a letter from Harwich Farrelly saying :

 

the Account has been referred to us for collection

Our client advises that you have ignored previous requests for payment and they are now considering court action against you, unless you settle the account in the next 10 days

 

Which I think is just a fishing\scare letter ???

 

Now I did send a CCA to Harwich aswell (again without recorded delivery) the next day 03/05/11

(which is when I found out they are both based in the same building)

 

but Curiously I have looked at the Harwich Farrelly letter and noticed that the letter is conveniently dated 25/04/11 before the Letter I sent to Robinson Way !!

 

So basically I'm asking ....

 

Have I got a problem because I did not send the first CCA request by recorded Delivery and then they can deny receiving the first CCA requests

 

What should my next move be

 

should Send the CCA Reminder to Robinsway Way and Harrwich Farrelly ?? or is there another letter I should send

 

 

Many thanks in advance

[BRIGADIER2JCS]

They had 12+ 2 days to respond to the CCA request I presume you sent £1.00 postal order with it,

you should now send the account in dispute letter from the templates in the library.

By my calculation they should have replied by 09/05/2011

[citizenB]

I wouldnt have thought you had a problem just because you didnt send the first request via RD.. however, there is no proof that you DID send it ! You should at the very least obtain a free proof of posting slip from the post office if you are unable to afford the more expensive tracked methods.

 

CCA requests should go to the original creditor, but the OFT do state that the DCA should pass any request on.

 

You can check with post office on 01246 542091 and see if the first postal order has been cashed ? You will need the receipt you received from the post office when you purchased the postal order.. if you sent by cheque, then you can of course check with your bank

[adenjago]

Hi guys

 

thanks for the quick response, yes I did send the pound Cheque to both, and neither have cashed it yet

 

@BRIGADIER2JCS

could you clarify what goes where please......e.g. Should I send the the Account is dispute to the Harrwich Solicitors and the CCA reminder to Robinson Way (both will be recorded delivery from now on)

I was curious regarding the Time scales as i did not know if it should 12 "working days"

 

@citizenB

I don't know who the Creditor is, it is not mentioned on my credit file or in these only correspondence, so as you mentioned the DCA should pass them on

[BRIGADIER2JCS]

Personally I would send a copy of each document to both companies the there can be no doubt that they are made aware of the dispute.

It is 12 +2 days to allow for delivery. A t least get proof of posting for all of these.

[adenjago]

thanks for the help

 

Can you Clarify if it is the CCA Reminder Im Sending or the Account in dispute ??

[citizenB]

CCA request to Robinson Way.

 

Account in dispute to Harwich Farrelly

 

[adenjago]

Many thanks will get them both sent off this weekend....and will keep this thread updated

[adenjago]

Just another Quickie

 

with this being a default by Robinson Way on credit file, should I wait for this to become unenforceable, before I start try to get the default removed or should include Default Removal the current correspondence, as from the threads i read it looks like i will have to go through this loop again

 

 

or should I just treat them as two separate projects

[BRIGADIER2JCS]

Two separate IMHO CB will be able to avise I'm sure.

[citizenB]

Just another Quickie

 

with this being a default by Robinson Way on credit file, should I wait for this to become unenforceable, before I start try to get the default removed or should include Default Removal the current correspondence, as from the threads i read it looks like i will have to go through this loop again

 

 

or should I just treat them as two separate projects

 

Erm..... !!

 

An agreement does not become unenforceable because a creditor/DCA hasnt provided a copy of the CCA. What they are unable to do, if unable to provide proof of a debt, is to take court action/obtain judgment against you. Although some will almost certainly try.

 

Only a court can declare an agreement unenforceable and then only if there are some major issues with the document, or there are other procedural errors.

[Guest]

as said, farrelly are part of rob way.

afaik, 'court action' can be started where there is 'non compliance' with a cca request. but there may need to be an accurate 'reconstitution' re a cca request in issue before any enforcement in court (see Kotecha case for eg).

removal of a 'default' may be difficult.

is there anything else in your favour? eg non compliant default notice? missold ppi/charges? s127 cca? s140 cca? improper assignment?.....

imo

Edited May 18, 2011 by Ford
typo

[BRIGADIER2JCS]

How do define an accurate reconstruction please?

[Guest]

How do define an accurate reconstruction please?

 

see the Kotecha case for eg.

[BRIGADIER2JCS]

TA

[Guest]

TA

 

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2011/105.html&query=kotecha&method=boolean

 

there is a thread on cag on this case. pt was involved i think.

Edited May 18, 2011 by Ford

[BRIGADIER2JCS]

I'll have a lok for that thanks Ford

[straftat]

just a note of caution , i have extensive experience with these criminals

 

they took me to court and i got the case thrown out + compensation but not before they faked/edited and doctored every piece of "evidence" 3 or more times

 

keep everything they send as if it does go to court they will trip themselves up

 

i dont even think the "new" Robinson way should be legally trading but is amazing what an accountant can do

 

just my opinion

[BRIGADIER2JCS]

It's a valid opinion that perhaps needs looking into>

[Guest]

re defaults, think this is still current

 

[ATTACH]27762[/ATTACH]

 

also note, s159 cca

 

imo

[adenjago]

Thanks for the help guys....and pointing me in the right direction

 

I wrongly thought that if they can't produce the CCA then that would make the default easier to remove

 

Just a quick update...I have noticed that £1 cheque has been cashed Robinson way This week & an unrecorded search by them has appeared on my credit file the day after

 

so I'm hoping to get some kind of response soon

Edited May 19, 2011 by adenjago

[BRIGADIER2JCS]

I hope thats an unrecorded search no impact on credit file!!!!!!!!!!

[adenjago]

I hope thats an unrecorded search no impact on credit file!!!!!!!!!!

 

Oops...bloody spell checker ....lol

[adenjago]

Hi Guys

 

I have no response back from Robinson Way regarding the CCA request, but they have cashed the Cheque on 19th May, So I assume my next step should be sending the standard Account in Dispute Letter

 

But because they have cashed the cheque aren't suppose to send me my account details or at least some response ??

Edited June 1, 2011 by adenjago
uploaded attachments in PDF

[adenjago]

Just a quick update....

 

I sent the standard "Account is in Dispute" letters to both Harwich Farrelly and Lowell at the start of last week, as both failed to respond to my CCA request, still heard nothing back, but both have cashed the cheques