Robinson way calling everday

[ODC]

A CCA letter would be of no use in this case. Send this to RWC

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

Amend to suit

[ODC]

Have Horwich Farrelly actually said that they ARE taking you to court or that they MAY. If they are definately taking you to Court they are legally obliged to supply you with all documentation they rely on in Court. Rob Way should not have passed this alleged debt on whilst it was in dispute. But hey its Rob Way and they are not the sharpest knives in the drawer

[ODC]

Send them this

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

[ODC]

Yep send them that. That should puzzle them.

[ODC]

Remember though that RWC probably bought this debt for buttons, they pay the call centre monkeys buttons, the nasty letters are computer generated and automatically posted so it takes a while for the penny to drop that the chasing of this debt is no longer financially viable.

[ODC]

Yeah but if they do take me to court it says in the letter they can take the costs for it all out of my wages, is that even true?

Yes ................................... IF

 

They can prove you owe a debt and

 

They have a legal right to collect it and

 

They take you to Court and

 

They get a judgement against you and

 

You do not pay the money in the judgement and

 

They go back to Court to enforce the judgement and

 

The Court decides to order a detachment of earnings order.

 

So you see its not as simple as RWC would have you believe:grin:

[ODC]

They have to prove you owe the money and get a judgement against you before they can even think of applying for costs

[ODC]

Ah right okay well i am pretty sure 7 days have passed, they have stopped all phone calls and i receive no letters anymore, they have either given up again like the other company did a year or two ago or they are getting ready for court action on me.

I think the former is true. Im sure some other DCA will rear its head in the future

[ODC]

How long is it before they can no longer chase the debt?

A debt is Statute Barred after six years but if you read some of the Lowell threads on here they are chasing debt that would be Statute Barred 3 times over.

 

You have asked RWC and their tame solicitors for proof of this alleged debt. They have all failed to prove a debt exists because the simply do not have any proof. If they even thought of going to court they would need proof.

 

You have repeatedly asked them to substantiate their claims which they have repeatedly failed to do. Imagine if they were foolish enough to take this to a court and suddenly produce the proof you have repeatedly asked for. A judge would rip them to shreds

[ODC]

 

I hope they do persue further action to see a judge rip them apart for not providing proof as i asked!!

 

They won't;)

[ODC]

quite likely. They aren't likely to take someone ready to fight to court;)

Oh no they prefer to get judgement by default MUCH EASIER

[ODC]

Judgement by default means that they issue a summons and if you fail to turn up the get judgement against you because you did not attend to deny the allegations.

 

However as Tom says they do not like to take people to Court who will fight them