Robinson way chasing paypal debt

[Boro]

Hello hoping someone can explain the procedure and time frame to use here,

 

we have had a couple of letters through from robinson way trying to collect an alleged debt to paypal which we simply do not owe,

 

am i right in understanding that if we send a cca request to robinson way they will not be able to take the matter any further in regards to the threats of court action?

as there is certainly no signed agreement between ourselves and paypal that we are aware of (unless when signing up for the paypal account on their site counts?),

 

if this is the case could someone please direct me to a cca request template that i could use in this situation?

what is the time frame for sending them a cca request?

 

as the first letter was sent late july this year and we have just had a second through,

no communications by phone or letter have been entered into with them so far though,

 

did hear rumours that unless a cca request is filed within 30 days you are admitting to the debt,

would be grateful if someone could clear that one up as well,

 

thanks guys

[setmefree]

It is for Robinson Way to prove that the debt is yours and not for you to prove that it isn't.

I have never heard of a 30 day time limit regarding a CCA request.

i'm sure someone more experienced will give their view

[gizmo111]

The 30 days is part of the response time.

 

If this debt is to payplan then it wouldn't have been covered by the CCA anyway. it is up to them to prove you owe it.

[Boro]

So what would the best course of action be here guys? (im guessing that was a slight typo but incase its not it is with paypal not payplan)

[clutchingatstraws]

You can request a CCA anytime the only restriction being 30 days from the last time you sent one and got a reply with an enforceable agreement.

[setmefree]

i agree with gizmo it's up to these clowns to prove you owe the money, and paypal isn't covered by a CCA.

[Boro]

Cheers guys, could you please explain why paypal would not be covered by cca?

[gizmo111]

Cheers guys, could you please explain why paypal would not be covered by cca?

 

Because CCA = Consumer Credit Agreement and you didn't take credit from them

[Boro]

In which case if no credit agreement exists how would they go about taking you to court? sorry if im being daft just need to get my head around it all!

[diskmandave]

Hi! Thanks for your PM...

 

Cheers guys, could you please explain why paypal would not be covered by cca?

 

Because they haven't given you any form of credit, nor are they capable of doing so, and the agreement is contractual and not regulated by the CC Act. You've basically formed a contract by agreeing to certain terms & conditions and click boxes online on their website...

 

I'ld send Robinson, Way & Co Ltd the following letter....

 

Dear Sirs,

 

I refer to your recent letter and telephone calls.

 

You will be aware that as holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on Debt Collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with Paypal prior to your first contact with me, and has yet to be resolved. Since this is considered an unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure. I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and complain to the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will

be perceived as harassment, and dealt with accordingly.

 

Yours faithfully,

Good luck, keep us updated...

 

Regards & Best Wishes, Dave.

 

[diskmandave]

Letter to be addressed to...

 

Customer Care Manager,

Risk & Compliance Department,

London Scottish House,

Mount Street,

Manchester,

M2 3LS.

 

Good luck with it!

 

Regards, Dave.

 

[Boro]

Thanks dave, also just noticed that on both letters it doesnt say to whom they are intended, gives an initial and surname but since there are two people by the same initial in the household its very unclear

[diskmandave]

Further to Robinson, Way/London Scottish complaints, you need to get in touch with Manchester Trading Standards...

 

City of Manchester

Trading Standards Office

1 Hammerstone Road

Gorton

Manchester

M18 8EQ

 

t: 0161 234 1555

f: 0161 957 8379

e: trading_standards@manchester.gov.uk

w: Manchester City Council Trading Standards Service

 

Regards, Dave.