Robinson Way/Capital One

[Dibsthefrenchie]

I had been making token monthly payments to another dca when I decided to request a copy of the agreement and also sent a SAR to Capital 1,

the account was promptly returned to Capital 1.

 

Capital 1 then allegedly sold it to Robinson Way during 2008,

I have never made a payment to Robinson Way, but did request a copy of the agreement,

they sent a copy of my application form, which they state is enforceable, this wrangling has gone since 2008 and has simply resulted in the death of several trees.

 

There are penalty charges on this account, but they are over six years old.

I am in receipt of weekly threatening letters from Robinson Way and really don't know what to do next?

[dx100uk]

i think you already know.....

 

you've dealt with worse than this already.

 

dx

[Dibsthefrenchie]

Hi Dx,

That's true! This one is going round in circles and i'm not confident if it ends up in court, having read some of the other threads it would seem likely. So i'm wondering if there is something that I should have done, but haven't?

[dx100uk]

so's when was your last payment

and is it on your cra file?

 

dx

[Dibsthefrenchie]

It's been off my credit file for a while, but last payment was December 2007, so a long way from being SB'd.

[dx100uk]

not on your CRA file?

 

then something smells here

 

have you records [other than those under the DCA's name or from them]

that the actual debt has been reducing?

 

when did you first take this card out

and whos name WAS against the debt when it did show?

 

dx

[Dibsthefrenchie]

I have all the records for this one, the payments made until late 2007 have been applied to the account, as yet no further interest has been applied.

The card was taken out in 1999 and defaulted around 2003/04, Capital 1 used to update the CRA file.

[the_shadow]

I have all the records for this one, the payments made until late 2007 have been applied to the account, as yet no further interest has been applied.

The card was taken out in 1999 and defaulted around 2003/04, Capital 1 used to update the CRA file.

 

The default has simply fallen off your credit file then after 6 years of showing... bit bemused why Capital1 were updating it tho as in 2008 it should have changed to robbing way if they were the actual owners of the debt.

 

...and as for court if they've held it since 2008 and havent taken you yet then there is a reason why they havent

 

S.

[Dibsthefrenchie]

Thank you for your reply Shadow.

Capital 1 state that the debt was sold to RW, but in all the begging letters received from RW they state that they are writing on behalf of their client, so it's all a little misleading.

I have noticed on the legal subforum that RW are taking these old non paying C1 accounts to court, or instructing another DCA to do it for them, therefore, I am trying to preempt their next move!

[dx100uk]

only the owner to can do court

 

the court cases have all had defaults on their cra's hence they have followed the correct route

 

this has none. no DN etc etc

 

they cant go to court

 

dx

[the_shadow]

Thank you for your reply Shadow.

Capital 1 state that the debt was sold to RW, but in all the begging letters received from RW they state that they are writing on behalf of their client, so it's all a little misleading.

I have noticed on the legal subforum that RW are taking these old non paying C1 accounts to court, or instructing another DCA to do it for them, therefore, I am trying to preempt their next move!

 

As Dx states they have a route to follow to take you to court and they HAVE to be the owner.

 

If they've mislead you in any way or form it goes against them, it has to be clear WHO owns this debt.

 

S.

[Dibsthefrenchie]

Thank you both for your advice, it is appreciated.