Hi All,

Thanks for your help.

I received chasing letter from Robinson Way for a CC Cap one debt

i thought was SB so i sent an "prove it letter" to RW.

- RW replied saying the debt isnt SB i last made payment in may 2011

- Shall I send an CCA request?

- This is not on my credit file and I would like to dispute it as I dont think i owe it.

- What will happen after the CCA request is sent.

PLEASE HELP I HAVE TO POST THIS OFF TOMORROW.

please also direct me to a template

thanks for reading

Send the cca letter and it might be a good idea to send a sar to cap 1 as well.

If you receive a claimform, let us know so we can further advise

As you have responded to RW they may now issue one as their phishing letter got a bite!!

sorry why do you think you have to post it off tomorrow?

don't be scared of a no powers DCA

a DCA is NOT A BAILIFF

and has

NO SUCH LEGAL POWERS.

dx

Send the cca letter and it might be a good idea to send a sar to cap 1 as well.

 

If you receive a claimform, let us know so we can further advise

 

As you have responded to RW they may now issue one as their phishing letter got a bite!!

thanks for your quick reply Martin.

In the prove it letter I didn't admit liability. I said I do not admit to the alleged debt this is SB so stop sending me letters( in a nut shell)

better to have kept quiet really.

First it is not above some companies to pay a small sum of money into an account that is about to become SB in order to keep the account live [for example paying on the £1 that one uses to

pay for the CCA] so your account might be too old as you think.

To find the template letter- go to the Main Forum then scroll down to the Library section, about 5 headings down on that is the Debt Collection section. The template is the first one but do check the other 4 sections before completing.

Until they comply with your request [which can take any where from a couple of weeks until never] they can huff and puff almost as much as they want but they cannot take you to Court

until they have complied with your request. As for the SAR they have 40 days in which to respond but often take longer. You can kick up a fuss about it but it is usually better to let them take their time so whatever they were after you for becomes SB before they can start.

better to have kept quiet really.

Even if they say they are going to start legal action? Although I wasn't issued with court papers. I thought that may have been next and I am about to apply for a mortgage in six months so didn't want to risk it.

They can take you to court without satisfying a section 77-79 request. Case law states court action is not enforcement.

Judge Wakesman has stated that a reconstituted version of the agreement was perfectly acceptable and it was not necessary for the bank to examine the original signed agreement to do this,

"The absence of a copy of a signed executed agreement is no evidence that such an agreement was not made," ruled Judge Waksman.

This only applies post April 2007 agreements though and the amendment to the Consumer Credit Act 2006

I should say Post April 2007 with Section 127(3) CCA 1974

When I sent the "go away letter" they replied stating my last payment was made may 2011

please get intouch by 2.6.2016 to make payment or further action may be taken.

So thats why I came on here for advice.

I am new too all this and very stressed at the moment:(

Also I should mention.

8 years ago when i was young and stupid i had a debt management plan and have been paying small amounts through the plan (£35 PCM) and this cap one is one of the debt (i cant even remember the debts)

this is why I am now thinking I may have opened a can of worms.

But none of these debts are on my credit file.

I have one default showing which I know about.

I checked my bank statement and I stopped paying the debt management company in 2011.

I have been much more sensible since and even (i thought) built up my credit

because I have credit cards that are in healthy condition. I dont get it.

I also ignore letters which I periodically get for a Welcome Finance Loan I took out in 2002

now thinking back, this must have been in the DMP.

Should I not send the CCA tomorrow?

Should I just ignore them?

Any advice is appreciated

If you paid a debt management company the debt cannot be statute barred.

When did you take out the card and when did you stop paying

If you paid a debt management company the debt cannot be statute barred.

 

When did you take out the card and when did you stop paying

I stopped paying in 2011, I cant remember when I took out the card I would say 2006

Then it cannot be statute barred. What sort of money are they asking and how is your financial situation as in employed or not

Which outfit is managing your DMP?

Please say it isn't a fee paying one?

Further action won't be taken, otherwise it would have been taken years ago! And not by these clowns either!

Check your credit file and see what, if anything, is on there.

(Noddle is free)

The trouble with DMC's is that they don't check the enforceability of any debts.

So a CCA request, including a blank £1 postal order (unsigned) can be sent to them.

Are you still paying this DMC?

I am not paying anything and havent done so since May 2011

I cant remember,

but my bank statement says Foundation for credit

i do however remember it be a charity one not for profit so i didn't pay them anything.

Even though this debt was never registered on my credit file

i am thinking it should matter after May 2017. am i right?

I was just reading that they should default you within 3 months of non payment but this never happened.

Surely they cant now default the account, can they?

Then it cannot be statute barred. What sort of money are they asking and how is your financial situation as in employed or not

They are asking for 790.00 I am employed but do not have spare money.

OK a shame you rattled their cage really.

If robbersway have it then at the bottom of the barrel.

Yes defaults 'should' be applied in a timely manner, however, the 3 month rule has long been ignored, they are after all a law unto themselves.

Keep an eye on your CRF.

It's a CC so is going to be littered with reclaimable fees and charges, plus compound interest, at their rate, which will no doubt wipe most of this if needed.

Personally, and IMO, I'd try and get as much information regarding this as possible, check your own files, letters etc, and ignore Robbersway for now.

The ONLY thing you don't ignore is a claim form, which you're very very unlikely to get.

It's only a poxy amount.

This is me and only me. As it is not even on your credit file offer a fiver a week, or if desperate a quid to stop any court claim.

The reason i say that is you do not want to be in the financial wilderness for another six years with a CCJ and still have to pay. After the agreement is in place ask for a full statement of account to see what unlawful charges have been added.

But this is only my own opinion and you will have to make the ultimate choice. £790 is not that much compared to six years negative credit history. Any higher i would say fight it, but not for this small amount

OK a shame you rattled their cage really.

 

If robbersway have it then at the bottom of the barrel.

 

Yes defaults 'should' be applied in a timely manner, however, the 3 month rule has long been ignored, they are after all a law unto themselves.

 

Keep an eye on your CRF.

 

It's a CC so is going to be littered with reclaimable fees and charges, plus compound interest, at their rate, which will no doubt wipe most of this if needed.

 

Personally, and IMO, I'd try and get as much information regarding this as possible, check your own files, letters etc, and ignore Robbersway for now.

 

The ONLY thing you don't ignore is a claim form, which you're very very unlikely to get.

 

It's only a poxy amount.

Thanks alot.

In the event of a claim form, what do i do next? will it be to late to send a cca request by then?

Also I do not have any paper work as I moved alot prior to 3years ago. I only have recent letters.

I havent responded to the welcome finance loan as to be honest i had forgotten about all of these. Shall i just carry on ignoring the welcome finance letter?

Its with RW and was also with the DMC.

Thanks for your patience

Ignore Welcome Finance, do not respond to those parasites

If you do get a court claim with the Cap 1 loan then you can ask for documentation but try and avoid that by making some payment agreement. Do not do any income expenditure with them. Say i can afford xyz a week and that is that. If they threaten court trying to bully just say a court will only order a quid a month anyway

Your only mistake was in responding to Robbersway letter

This is me and only me. As it is not even on your credit file offer a fiver a week, or if desperate a quid to stop any court claim.

 

The reason i say that is you do not want to be in the financial wilderness for another six years with a CCJ and still have to pay. After the agreement is in place ask for a full statement of account to see what unlawful charges have been added.

 

But this is only my own opinion and you will have to make the ultimate choice. £790 is not that much compared to six years negative credit history. Any higher i would say fight it, but not for this small amount

Thanks Orbiter. I havent acknowledged the debt and this is what i am trying not to do, but sit tight and let the time pass, surely they cant now issue a default in 2016 when my last payment was 2011 can they?

I have worked really hard the last 4-5 years trying to improve my credit now as I can see the silver lining all this is crawling out of the woodworks:-x

Give some details on this welcome loan, how long ago did you stop paying and was it with the Debt management company

Ignore Welcome Finance, do not respond to those parasites

If you do get a court claim with the Cap 1 loan then you can ask for documentation but try and avoid that by making some payment agreement. Do not do any income expenditure with them. Say i can afford xyz a week and that is that. If they threaten court trying to bully just say a court will only order a quid a month anyway

 

Your only mistake was in responding to Robbersway letter

ok! because I really dont want them going through my finances. It is RW thats chasing payment for the Welcome Loan as well (this was also in the DMP) So i was thinking as I have responded to one will they link it. But they shouldnt really as it is completely different.

Give some details on this welcome loan, how long ago did you stop paying and was it with the Debt management company

I am not certain but I believe so because i paid the DMC £35.00 pcm (they distributed the money)

and the Cap 1 only took 6 of that so i strongly believe so.

the loan was for about 2k i really dont remember this was in 2002.

All DMC payments stopped may 2011

Then do not do anything with the Welcome loan and let it time out as you are not being bothered with that. You only have a year to go before it becomes time barred