Wally V's Robinson, Way and Co.

[ObstinateWally]

Starting my third thread here, really firing on all cylinders now!

 

This debt is originally from a halifax credit card and was passed onto RWC just this week. They rang me up before I'd even recieved a letter from them! Obviously, I never answered. I investigated on the web to find out who they were, then rang them back using my internet phone, they gave me a reference number, which is all I wanted so I could fire off the following letter that same day. It was sent recorded delivery and was signed for by a J Sloane on 27th-April-2007...

 

Robinson, Way and Company

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

26th April 2007

REF: ********

Dear Sir/Madam,

Following our telephone conversation dated 26-April-2007 I am writing to you regarding the debt which you allege I have with yourselves.

I do not acknowledge any debt with Robinson, Way and Company

I hereby request that you send me a true copy of this credit agreement. I understand that under the consumer credit act 1974 (Sections 77-79) I am entitled to receive copy of this agreement on request.

I enclose payment of £1:00 which represents the fee payable under the consumer credit act. This £1:00 payment is for the fee ONLY, and should not be put towards any alleged debt.

A copy of this agreement should be supplied to me within 12 working days.

You are reminded that you are obliged to provide these documents, whether you are the original creditor or not, under s.189 of the Consumer Credit Act 1974.

I also wish to address the matter regarding future contact between you and myself.

I hereby request that ALL future communications are made via letter only.

Regarding telephone calls, I have no wish to correspond with you via telephone. As I have offered you another way of contacting me, you have ‘no lawful business’ trying to call me. Should you continue to try to contact by telephone, I will regard these calls as harassment. Under the Protection from Harassment Act 1997 this is a criminal offence and I will seek damages if this should occur.

Regarding doorstep calls; I advise you that under OFT rules, you can only visit me if you make an appointment, and it is not my wish to make such an appointment with you, or any of your representatives. There is only an ‘implied license’ under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard and Short Ltd[1959] 2 Q.B. per Lord Evershed M.R.). Therefore, please take note that I revoke license under Common Law for you, or your representatives to visit me at my property. If you do visit me you will be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. If you fail to adhere this warning and send doorstep collectors to visit me, I will use any physical force which is allowable by law to remove them from my property. I will also seek damages and pursue other legal action as outlined above.

I await your reply and the information that I have requested.

Yours Faithfully,

Mr. Wally

 

 

Now I'd like to know what to do next, do I just play the waiting game in respect of the CCA, or do I start to fight on all fronts and send off a request for a repayment of unlawful charges?

 

Thanks for your help lads and lasses, looking forward to your input.

 

Wally

[diskmandave]

Get ready for fun & games!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

[gypsumsif]

nice CCA. all wickets covered . tickerty tock.

[ObstinateWally]

Morning all, the postman delivered a reply from RW&C this morning, as I don't have a scanner I've typed up their response below...

 

Account Info

Dear Mr Wally

We are in receipt of your payment of £1:00 Had a feeling they'd do that, even though I stated the payment was for the CCA only!

Although we have credited this payment to your account the balance above is still outstanding and requires immediate payment.

We may have previously allowed you to pay by installments but your failure to pay on time has resulted in that arrangement being withdrawn. Funny, I've never admitted any debt with RW&C, let alone set up a repayment plan.

YOU MUST NOW EITHER...

Make full payment by calling with your credit or debit card or by using the payment unstructions overleaf

OR

Call us to explain your circumstances; we may be able to agree a reasonable instalment plan, or even offer a favourable reduction of the amount you owe.

Failure to act as stated above may result in us taking further action.

Yours faithfully

SIG

Collections Manager

 

Having had a look at other threads on CAG, it appears that this is their standard reply. Any advice on what course of action to take next would be greatly appreciated, thanks peeps.

Wally

[ODC]

Let them default. Simplest answer. Then ask for details of their complaints procedure. If they have one complain. If they havent then they are in breach of FOS rules and you should make a complaint to FOS which will cost these muppets £400. There is an excellent thread about RW by a former employee which explains a lot I will try to find the link

[tooth_fairy]

They defualted on my requested for a CCA and if you read my thread, the letter I sent them in response to their default and latterly, their failure to provide a signed CCA, seemed to work.

 

They play on you NOT knowing the law and when you do know, they can't justify their actions and offer no proof of any debt (in my experience) and they just want you to pay and quite frankly IF I DID owe money that was being handled by RW, I'd be more inclined now to send it to their client and not them!

[tomterm8]

Your CCA request is nice but doesn't cover all the wickets. For future reference you also want:

 

1. A statement of account, detailing the principal, any interest charged, and any collection / tracing / other charges they have added to their account and,

 

2. A notice of fair use of your personal data as required by the data protection act and,

 

3. A true copy of a properly executed deed or assignment, although they may remove any sensitive commercial data OR a notice of assigment or authorisation from the original creditor to allow them to pursue the debt.

[ODC]

Your CCA request is nice but doesn't cover all the wickets. For future reference you also want:

 

1. A statement of account, detailing the principal, any interest charged, and any collection / tracing / other charges they have added to their account and,

 

2. A notice of fair use of your personal data as required by the data protection act and,

 

3. A true copy of a properly executed deed or assignment, although they may remove any sensitive commercial data OR a notice of assigment or authorisation from the original creditor to allow them to pursue the debt.

You dont mince your words:D

 

I like it