Robinson Way \ Harwich Farrelly issue cap1 debt

[adenjago]

Regard Robinson Way\Harwich Farrelly

 

I have not heard anything since there last letter (post #201 on this thread)

 

Should I send a letter asking for clarification of the Account or just leave them to Contact me

 

 

 

 

Should this thread also be moved into Debt Collection Agency Forum, Like the Capquest\RBS one ????

[Ford]

did you send a letter as per #204/206?

[adenjago]

yes, although I did not send it recorded delivery.....

 

Should I send another one via recorded delivery just to prove the have a copy of it ??

[Ford]

it would be deemed delivered if it hasn't been returned as undelivered. (up to you though if you want to resend it recorded.)

 

so, leave it with them?

Edited January 14, 2012 by Ford

[adenjago]

I was just thinking if it goes via recorded than, then at least I undisputed proof that have received it, rather than then them to say they have never received it

[Ford]

can do. if so, could do a covering note reminding them of your previous letter as per the attached copy.

Edited January 14, 2012 by Ford

[Ford]

aden, what did you decide to do?

Edited January 17, 2012 by Ford

[adenjago]

]

aden, what did you decide to do?

 

sorry ford, just a little bit busy as we might be moving house, hence lack updates

 

 

I will be sending them a reminder letter in the next couple of days.

 

 

Which leads me to the next question 2 questions....

 

1. Should make the new address known to Harwich\Robinson Way (Not hiding, obviously I know they will be able to find me due to the Elect Roll and when I update the CRA)
    
   
2. My Wife has just received a allegged debt from Arrow Global, but does not appear on her CRA, I was think of CCA request, but unsure what happens if Ignore it with it not being on her CRA
   

[Ford]

no worries

up to you re new address. bear in mind that if they are not informed of a change of address they would be entitled to use your last given address re any communication.

if your wife has no knowledge of the debt, then could ignore for now and see what they do. or could send a 'prove it' type letter ensuring no acknowledgments (could it be statute barred?). could do a cca request in due course when required.?

Edited January 20, 2012 by Ford

[scousepie]

Hi Peeps Just my 2p worth...

 

I received a letter from HF ....AKA R/Way on Saturday ust before the match lol.... The debt was for £106.00 NATWEST Bank... wait for it.......17 years ago. I nearly spat me tea at the telly.. so I called them up for a laugh.. the donkey who answered the phone was a total tosser.... after all the blurb from him he said I paid £1.00 on this account but he could not tell me when...lmao

 

I recon that the CCA request I sent some years back they have cashed the cheque and added it the account saying I started payment to them, never received any docs... shocking!!! the thing is the debt must be Statute Barred by now... I got board by the end and said I will look forward to the summons...... it will cost them more to persue.

 

I don’t like sending CCA request with a £1.00 as its classed as payment…how do you prove other wise….. comments please.

[BRIGADIER2JCS]

hi peeps just my 2p worth...

 

I received a letter from hf ....aka r/way on saturday ust before the match lol.... The debt was for £106.00 natwest bank... Wait for it.......17 years ago. I nearly spat me tea at the telly.. So i called them up for a laugh.. The donkey who answered the phone was a total tosser.... After all the blurb from him he said i paid £1.00 on this account but he could not tell me when...lmao

 

i recon that the cca request i sent some years back they have cashed the cheque and added it the account saying i started payment to them, never received any docs... Shocking!!! The thing is the debt must be statute barred by now... I got board by the end and said i will look forward to the summons...... It will cost them more to persue.

 

I don’t like sending cca request with a £1.00 as its classed as payment…how do you prove other wise….. Comments please.

 

a lawful request for information and the statutory fee is no an admission of liability for a debt>

[adenjago]

Hi Peeps Just my 2p worth...

 

I received a letter from HF ....AKA R/Way on Saturday ust before the match lol.... The debt was for £106.00 NATWEST Bank... wait for it.......17 years ago. I nearly spat me tea at the telly.. so I called them up for a laugh.. the donkey who answered the phone was a total tosser.... after all the blurb from him he said I paid £1.00 on this account but he could not tell me when...lmao

 

I recon that the CCA request I sent some years back they have cashed the cheque and added it the account saying I started payment to them, never received any docs... shocking!!! the thing is the debt must be Statute Barred by now... I got board by the end and said I will look forward to the summons...... it will cost them more to persue.

 

I don’t like sending CCA request with a £1.00 as its classed as payment…how do you prove other wise….. comments please.

 

thanks for the input, scousepie

 

obviously my alleged\supposed debit little bit more than yours (£1,400) but unless they produced a CCA (upto yet they have only sent a "guaranteed Acceptance" with no Prescribed terms on)

 

So in regards to Harwich, .....Account is in Dispute.......until a Valid CCA is produced (which by that time hopefully it will SAB, as the default was 15/01/2007..witch I never received, was thinking of a SAR to ascertain if it is already SAB)

[citizenB]

Statute barred clock starts from the time a payment was due and not made.. NOT from the default date..

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

As scousiepie discovered.. DCAs will claim that payments have been made to the account when they havent. A CCA or SAR request fee is neither an admission of liability, nor should it be applied to the account. It has not been unknown for "phantom" payments to appear.

 

If they do then you should challenge them.

[scousepie]

Thanks for the reply... I will challenge the paymet... Im interested to lean where the payment came from! .

[cerberusalert]

If there is any clear period of six years (five in Scotland) where you made no payment or written admission of the debt it will be statute barred & they cannot take any enforcement. Even if a payment was paid after that period it does not restart the clock... nothing can.

[adenjago]

If there is any clear period of six years (five in Scotland) where you made no payment or written admission of the debt it will be statute barred & they cannot take any enforcement. Even if a payment was paid after that period it does not restart the clock... nothing can.

 

Not sure if that is aimed at scousepie or myself but...

 

as the default is dated 15/01/2007, the last payment acknowledgement should have been in the 2006, so a strong possiblty it is SAB...but Im not going to know that unless I send an SAR ??

 

but I'm right in saying at the end of this year it will be SAB ??

[cerberusalert]

It's not the date of the default notice or when it was registered on a credit file, the SB clock starts one month after the debt became due & no payment was made.

[adenjago]

It's not the date of the default notice or when it was registered on a credit file, the SB clock starts one month after the debt became due & no payment was made.

 

as I have not hear anything since 04 August 2011, Should leave it till the end of this year, (as default date 15/01/2007) and send them a SAB as it must be SAB after 01/2013 ??

 

but If do receive another letter is to send SAR and ascertain the last acknowledgement\Payment date ?

[adenjago]

Hi all

 

just a quickie update.....the last letter I recieved from them is still dated 21/10/2011 it was posted prevously here in this thread....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?305755-Robinson-Way-\-Harwich-Farrelly-issue&p=3599031&viewfull=1#post3599031

 

Should I be sending letter similar to what is in this thread who also had issues with Capital One and trying to pass "Guaranteed Acceptance" forms as CCA Post #31 or #32 ??

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?226084-PDADDY-amp-WIFE-vs.-CAPTIAL-ONE-CCA-LETTER&p=2556591&viewfull=1#post2556591

 

 

or should I just wait and see what arrives.....I was expecting to hear something by now....

[citizenB]

Please DONT send that letter from the 2nd link..

 

I am not quite certain what you are attempting to achieve here. They have already stated they are not intending to respond to your letters..

 

Have you sent a Subject Access Request to the original creditor? That should give information regarding last payments dates.. if it was still with them at that time. The more information you receive upfront the better armed you will be just in case the DCA starts any litigation. Because you sure as hell wont get anything after a claim has been issued.. if it is ?

 

The SAR will cost you £10.00, they have 40 calendar days to comply and you need to ask for everything in connection with your financial history with them. YOu will find a draft SAR request in the CAG library.

[adenjago]

Please DONT send that letter from the 2nd link..

 

I am not quite certain what you are attempting to achieve here. They have already stated they are not intending to respond to your letters..

 

Can you point me to were you have read that ? as I can't recall that and brief scan through the letters I could not see it, Im trying

 

 

Have you sent a Subject Access Request to the original creditor? That should give information regarding last payments dates.. if it was still with them at that time. The more information you receive upfront the better armed you will be just in case the DCA starts any litigation. Because you sure as hell wont get anything after a claim has been issued.. if it is ?

 

The SAR will cost you £10.00, they have 40 calendar days to comply and you need to ask for everything in connection with your financial history with them. YOu will find a draft SAR request in the CAG library.

 

 

thanks CitzenB....

have not Sent SAR, as still having Troubling with my SAR to RBS so I have had to involve the ICO but that is a different thread

 

I will get a SAR sent to them...I assume this will go to Robinson way (as the registered the default) and not Captial one

 

but I did notice in the statement they sent there was a standing order sent to them in 2007, which I think might have a been an accident, as it was about the time we swapped banks from RBS to A&L

[citizenB]

Can you point me to were you have read that ? as I can't recall that and brief scan through the letters I could not see it, Im trying

 

 

Post 201.. the first letter in that post.. 2nd paragraph I think ..

[citizenB]

thanks CitzenB....

have not Sent SAR, as still having Troubling with my SAR to RBS so I have had to involve the ICO but that is a different thread

 

I will get a SAR sent to them...I assume this will go to Robinson way (as the registered the default) and not Captial one

 

but I did notice in the statement they sent there was a standing order sent to them in 2007, which I think might have a been an accident, as it was about the time we swapped banks from RBS to A&L

 

How long have RobWay had this account ? The idea is that you want to find out when the last payment was made.. so you either telephone Capone and ask them, or send them a SAR. If you believe you made payments to RobWay, then it is them you need to send SAR to.

[adenjago]

Post 201.. the first letter in that post.. 2nd paragraph I think ..

 

ah....yes the bit about repetitive correspondence, I missed that thanks citizenB

 

okay will will send a SAR, but when you say Original Creditor, would that mean Capital One, As Robinson Way registered the Default, but aren't the DCA obliged to pass it on to the

Original Creditor ??

[citizenB]

They are only obliged to pass on a CCA1974 request. The SAR would normally go to the original creditor. Unless of course the DCA has had control of the account for a few years when you might want to send a separate one to them as well.