Maximus75 Diary

[Maximus75]

Hi Guys,

I had about 4 weeks ago requested CCA to Robinson Way for a Tesco Loan originally taken out in Feb 2009. I have been communicating via email and have not sent any letters with a £1 postal order as most do. Date lines below:

02/2009- Original loan for £10k, making monthly payments of £223
11/2011- Top up with another £5k i think, not sure. paying around £275
11/2013- Lost job and stopped paying.
04/2014- CAB helped me to setup minimum payment of £31.71 to Robinson Way .Setup standing order from my bank
02/2020- Debts no longer on credit file so offered Robinson Way £4500 to settle it as i desperately need to get a mortgage this year and eventually own a damn house!
03/2020- They asked for £8800 which i asked them to consider.
19/03/2020- Emailed them asking for CCA, they responded the same day saying they have requested it from the provider
09/04/2020- Chased them for an update regards CCA
09/04/2020 -Emailed me back with the same offer of £8800 and confirmed they are awaiting copy of the CCA.
13/04/2020- Received a letter from Robinson Way saying "Account on hold temporarily and will be in touch once we have more information"
20/04/2020- Emailed them asking for more information and cancelled Standing Order of £31.71
20/04/2020- Spoke to National Debtline who advised to reinstate the Standing order so have emailed Robinson Way their account number to reinstate the DD.

What should i do next? Sit quiet? but i do not want this payment of £31.71 on my bank statement as it might create issues for taking up a mortgage later this year. Your valuable help and suggestion would be truly appreciated. By the way i had 3 other debts with Cabot and Moorcroft which i recently cleared as they agreed to 50% discount.
Thanks

[nightwatch]

Hiya, who are RW collecting for,? they are collectors, not debt owners

pity you didn't find us before emailing RW, we, or i would of told you to NOT pay till the CCA was received,

May I suggest that while you wait for the CCA you, SIT ON YOUR HANDS, do not keep asking for them to reply to your emails.
all comunication should be by snail mail, do not keep pushing them , they will try harder to find it.
while they are waiting for it the account should be on hold so no payment needs to be made,

Nation debt line is a charity that is supported by many of the DCA's that ask for your money, allong with step change and others, so not impartial .

sorry for the lecture, welcome to AAD

[Maximus75]

Hi Nightwatch,
Appreciate your response and guidance. Just a few points on the back of your message.

1) "Who are RW collecting for"?- Tesco Bank (Tesco personal finance)

2)"Pity you didn't find us before emailing RW, we, or i would of told you to NOT pay till the CCA was received".- Although i have emailed asking them for their bank details to re-instate the Standing order, could i just avoid setting up the standing order for £31.71?

3) "Nation debt line is a charity that is supported by many of the DCA's"- I did wonder, they put in a panic mode by highlighting what the debtor could do if i stop paying the minimum amount. I thought it was one of those govt agencies which would focus more on assisting, they do assist and give ideas but the emphasis is more on making the payments as soon as possible else the consequences, which they are good in highlighting prominently.

4)"SIT ON YOUR HANDS, do not keep asking for them to reply to your emails"- I shall follow your instructions, hope i have not messed it up by contacting them a few times.

5) "sorry for the lecture, welcome to AAD"- Not at all, your experience and knowledge is of immense help. Truly appreciate it and I'm glad to be a part of this wonderful forum. Thanks

[cymruambyth]

One further point from what NW told you, when you are worried about the money showing on your bank statement, any mortgage application will look at your credit record, which if all the defaults have cleared may look ok.

[nightwatch]

Hi Nightwatch,
Appreciate your response and guidance. Just a few points on the back of your message.

1) "Who are RW collecting for"?- Tesco Bank (Tesco personal finance)

2)"Pity you didn't find us before emailing RW, we, or i would of told you to NOT pay till the CCA was received".- Although i have emailed asking them for their bank details to re-instate the Standing order, could i just avoid setting up the standing order for £31.71?

3) "Nation debt line is a charity that is supported by many of the DCA's"- I did wonder, they put in a panic mode by highlighting what the debtor could do if i stop paying the minimum amount. I thought it was one of those govt agencies which would focus more on assisting, they do assist and give ideas but the emphasis is more on making the payments as soon as possible else the consequences, which they are good in highlighting prominently.

4)"SIT ON YOUR HANDS, do not keep asking for them to reply to your emails"- I shall follow your instructions, hope i have not messed it up by contacting them a few times.

5) "sorry for the lecture, welcome to AAD"- Not at all, your experience and knowledge is of immense help. Truly appreciate it and I'm glad to be a part of this wonderful forum. Thanks

So Tesco still own the debt, you may find that once you stop payment they may get heavy with calls and messages. try not to reply, just post on here by updating the original post with the account on #1
you may refrain from setting up the payment, thay cannot force you to pay, just because you said you would.

the Idea of NDL, SC, and others is to put the onus on paying the debt, what you have to learn to read are the word's, COULD, MAY, theses are very important words that COULD help should you become bombarded with letters that look leagal but MAY only be sent to frighten.

enjoy the sunshine x NW

[Maximus75]

So Tesco still own the debt, you may find that once you stop payment they may get heavy with calls and messages. try not to reply, just post on here by updating the original post with the account on #1
you may refrain from setting up the payment, thay cannot force you to pay, just because you said you would.

the Idea of NDL, SC, and others is to put the onus on paying the debt, what you have to learn to read are the word's, COULD, MAY, theses are very important words that COULD help should you become bombarded with letters that look leagal but MAY only be sent to frighten.

enjoy the sunshine x NW

Hi,
I received an email from Robinson Way asking for me to setup a standing order for the minimum payment of £31.71. I had requested CCA via email back in March which they did respond by email and post saying they have requested it from Tesco. Is my initial request for CCA by email valid? The reason for me asking is as per your suggestion I want to keep quiet but I do not want to be in a position where I realise that my initial request was invalid.
Thanks

[nightwatch]

I would hold off sending anothe CCA request by post at the moment, wait and see what you get back from them, If anything.

[Joanna Connolly Solicitors]

I received an email from Robinson Way asking for me to setup a standing order for the minimum payment of £31.71. I had requested CCA via email back in March which they did respond by email and post saying they have requested it from Tesco. Is my initial request for CCA by email valid? The reason for me asking is as per your suggestion I want to keep quiet but I do not want to be in a position where I realise that my initial request was invalid.

A s77-79 CCA Request sent by email won't be valid since you wouldn't have included the £1 statutory fee.

No need to resend yet, but when lockdown is over you may need to.

May I just check whether Robinson Way are writing/emailing you as the Debt Collection Agency for Tesco, or has this debt been assigned/sold to Hoist?

(Sorry I haven't read back through your thread to get the full history.)

Di

[Joanna Connolly Solicitors]

02/2009- Original loan for £10k, making monthly payments of £223
11/2011- Top up with another £5k i think, not sure. paying around £275
11/2013- Lost job and stopped paying

I've now read back through your thread and can see that this debt may not be the original loan which you took out in 2009 because you refer to a "top up" of £5k in 2011. Might that have been a consolidation loan where you take out a new higher amount loan which clears off the original loan and pays out the extra/surplus?

If so, then the circumstances surrounding that financial manoeuvre may need close examination. What was the extra £5k for? Could it have been cash-flow reasons, or was it to purchase something specific?

Definitely do not engage with Robinson Way in case you accidentally give them clues to work with.

Was your £4.8k offer to settle headed "Without Prejudice"?

Di

[Maximus75]

I've now read back through your thread and can see that this debt may not be the original loan which you took out in 2009 because you refer to a "top up" of £5k in 2011. Might that have been a consolidation loan where you take out a new higher amount loan which clears off the original loan and pays out the extra/surplus?

If so, then the circumstances surrounding that financial manoeuvre may need close examination. What was the extra £5k for? Could it have been cash-flow reasons, or was it to purchase something specific?

Definitely do not engage with Robinson Way in case you accidentally give them clues to work with.

Was your £4.8k offer to settle headed "Without Prejudice"?

Di

May I just check whether Robinson Way are writing/emailing you as the Debt Collection Agency for Tesco, or has this debt been assigned/sold to Hoist?- I have no contact from Hoist till date, so perhaps RW are the debt collection agency for Tesco.
Might that have been a consolidation loan where you take out a new higher amount loan-You are correct, the £5k was a top up loan. As far as I can recall, the initial loan was getting paid since 2009 and in 2011 I needed some extra money for personal reasons.
Without Prejudice- I genuinely wanted to settle the amount and move on. I thought the Outstanding loan was for £8.5k so I was offering 50% of the amount outstanding but they came with a figure of £11k outstanding and £8.5K as settlement amount.
That I felt was ridiculous, looked around google and managed to find this fantastic forum with experienced guys like you all with an ocean of knowledge on this topic.
If so, then the circumstances surrounding that financial manoeuvre may need close examination- Could you kindly elaborate, does that mean it works against me?
I hope I have answered the questions Di
Thank you

[Joanna Connolly Solicitors]

May I just check whether Robinson Way are writing/emailing you as the Debt Collection Agency for Tesco, or has this debt been assigned/sold to Hoist?- I have no contact from Hoist till date, so perhaps RW are the debt collection agency for Tesco.
Might that have been a consolidation loan where you take out a new higher amount loan-You are correct, the £5k was a top up loan. As far as I can recall, the initial loan was getting paid since 2009 and in 2011 I needed some extra money for personal reasons.
Without Prejudice- I genuinely wanted to settle the amount and move on. I thought the Outstanding loan was for £8.5k so I was offering 50% of the amount outstanding but they came with a figure of £11k outstanding and £8.5K as settlement amount.
That I felt was ridiculous, looked around google and managed to find this fantastic forum with experienced guys like you all with an ocean of knowledge on this topic.
If so, then the circumstances surrounding that financial manoeuvre may need close examination- Could you kindly elaborate, does that mean it works against me?


I hope I have answered the questions Di

The only question you didn’t answer was whether your Full & Final offer to Robinson Way was made Without Prejudice, since looking back through your thread I can see your last payment to Tesco was in November 2013 so there is the potential for this debt to be Statute Barred, unless you acknowledged it when you made that offer.

Di

[Maximus75]

The only question you didn’t answer was whether your Full & Final offer to Robinson Way was made Without Prejudice, since looking back through your thread I can see your last payment to Tesco was in November 2013 so there is the potential for this debt to be Statute Barred, unless you acknowledged it when you made that offer.

Di

Hi Di,

I thought statue barred would be if you were quiet and have not made a penny for the debt. You are correct, my last payment to Tesco was Nov 2013 but have been paying a minimum payment to Robinson Way since 2014 for this Tesco account.
Thus i assume it cant be statute barred. Please pardon my ignorance if i have misunderstood.

Thanking you ever so much
Sonny

[Joanna Connolly Solicitors]

Hi Di,

I thought statue barred would be if you were quiet and have not made a penny for the debt. You are correct, my last payment to Tesco was Nov 2013 but have been paying a minimum payment to Robinson Way since 2014 for this Tesco account.
Thus i assume it cant be statute barred. Please pardon my ignorance if i have misunderstood.

You didn’t misunderstand - it was me who misunderstood.

So the debt won’t be Statute Barred, but the potential good news is that Robinson Way hasn’t complied with your s77-79 CCA Request. Is that still the case?

However it seems your CCA Request was made by email so no £1 statutory fee was paid meaning the request is not valid in legal terms. Or have I misunderstood that bit too

Di

[Maximus75]

You didn’t misunderstand - it was me who misunderstood.

So the debt won’t be Statute Barred, but the potential good news is that Robinson Way hasn’t complied with your s77-79 CCA Request. Is that still the case?

However it seems your CCA Request was made by email so no £1 statutory fee was paid meaning the request is not valid in legal terms. Or have I misunderstood that bit too

Di

Hi Di,

You are absolutely correct on that one. I did request the CCA via email on March and chased a few times, got a letter from them saying awaiting from the provider. As per the guidance of fellow forum members i have stayed quiet.
Also I was thinking of going through the official CCA request by post with the statutory fee in due course.
I really do appreciate your guidance .
Thanking you ever so much
Sonny

[Joanna Connolly Solicitors]

Hi Di,

You are absolutely correct on that one. I did request the CCA via email on March and chased a few times, got a letter from them saying awaiting from the provider. As per the guidance of fellow forum members i have stayed quiet.
Also I was thinking of going through the official CCA request by post with the statutory fee in due course.
I really do appreciate your guidance

Perfect.

Just wait to see what Robinson Way come back with (if anything) or whether Tesco decide to assign it to a debt purchaser.

Di