Surprised...... Help Needed URGENT

[kevsaints]

I recieved a letter this morning from robinson, way & company limited, stating a formal demand for payment of 2.5k.

 

Only ref on letter was EX HFC BANK. I called RW to try and find out what this was for, they could not say for what or where the money was borrowed but advised me this was taken out in 1989...the default was 10 yrs later in 1999.

 

Totally amazed as:

1. I didn't have any finance during that period

2. Unless I was in a daze and don't remember I certainly wasn't making monthly payments for 10 years of my life.

3. Convinced I was going mad I even called my ex wife who confirmed she too had never heard of the company, and that we had no finance at that time.

 

The plot thickens as a lady from RW then advised me during our call that there is another outstanding debt to this company of £1K + for the same time 1989 - 1999.

 

RW have said they bought the debt in 2006 and have threatened legal action in their letter. I have asked for a copy of the credit agreement but they was unable to help (and think HFC will no longer have this).

 

I really don't understand why RW have not contacted me until now, as they have my details from a debt I am currently paying (one I do know of) that will be fully paid in June this year.

 

RW did mention that this debt was registered at my previous address, I was not living there between 1989 - 1999 so am concerned how this could be!

 

I explained to them have never heard anything at all about this until now no recollection at all what this could be for and I am extremely worried...thanks for taken time to read post.

[Rooster-UK]

I will move this thread into the Debt Forum.

 

I think you could well find that the debt is statute barred, if it IS your debt. But it rather sounds like they have their wires crossed.

Someone in the Debt forum will be able to give you more help on this.

 

Regards, Rooster.

[rory32]

It could be mistracing. I would report the matter to Consumer Direct who will forward the matter to your local Trading Standards. Consumer Direct - Contact us

[ODC]

NEVER SPEAK TO A DCA ON THE PHONE

In the meantime if the RWC muppets get in touch with you again send them this

 

Dear Sir/Madam

 

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.

 

Yours faithfully

NEVER SPEAK TO A DCA ON THE PHONE

[dx100uk]

what dispicable behaviour, chasing debts of 20yrs ago that are very very obviously statute barred and not even your's i bet!

 

how much longer have we got to put up with these fools that abide by no rules whatsoever.

 

just think of the 1000's of people that could get caught by this & some will pay because of their tactics and lies.

 

dx:mad:

[debt4get]

agreed how can these idiots think they can actually collect on a debt of 20yrs, but as long as some people dont know and will pay I suppose they will continue

[ODC]

That unfortunately how these companies make such huge profits. They by up old and unenforacble debts for pennies in the pound and the try to CONvince people to pay up even though they havent a LEGAL leg to stand on

[ScarletPimpernel]

Robinson Way are tiresomely persistent, but fairly easily dealt with. Stick with ODC's advice to keep everything in writing, and don't be taken in by any threats by the dullards at RW.

[lickthewallfatboy]

NEVER SPEAK TO A DCA ON THE PHONE

 

I think that this phrase should be posted in big red letters on the forum registration page

 

it is the single best piece if advice for anyone starting out,as it avoids having to try to clean up the mess caused after you do actually ring them up.....

[stardust_john]

Same here. Dealing with a company trying to say they have a right to chase an account I dont remember of acknowledge I told them, but default issued appatantly 96 i'm unaware of and told them 12 years is pushing any chance of giving a person chance to resolve this other than statute barred. I have memory probs down to medication any how but was looked after by money advice who dealt with it all years ago.

 

So annoying they can appear years later, but I suppose thats what they do and its a pain in the a***. Confusing thing is they say they represent a company who represents a company who represents the lender, I got lost straight away. I wish they would!

[kevsaints]

Thankyou for taking time to read this thread.

 

I received a formal demand from a dca asking for a total of 2.5k,

I phoned the number as I have no memory of this debt, was then told there is a further 1k as we'll.

asked them to provide a cca one arrived today, but still waiting for the 2.5k one to arrive. ( this took them app 24 days.)

 

I have recalled what this was for and know now I did purchase these items.

 

However they are saying purchased in june 97, both items same day same company, and Defaulted in feb 99/ march 99.

 

Have heard nothing until this dca purchased debt in june 06 (apparently) and they only let me know about this in march 08.

 

To make matters worse I have been paying this dca money which ends soon from march06 for another debt I had. £38 left to pay.

 

they said they have only just linked address..haha a bit late.

 

Is this Statute Barred? as far as I'm aware they purchased this debt 7 yrs after default, I have printed SB letter to send them but what should be there reply, and also what should be my next action taken?

 

many thanks again.

[kevsaints]

Thankyou for taking time to read this thread.

 

I received a formal demand from a dca asking for a total of 2.5k,

I phoned the number as I have no memory of this debt, was then told there is a further 1k as we'll.

asked them to provide a cca one arrived today, but still waiting for the 2.5k one to arrive. ( this took them app 24 days.)

 

I have recalled what this was for and know now I did purchase these items.

 

However they are saying purchased in june 97, both items same day same company, and Defaulted in feb 99/ march 99.

 

Have heard nothing until this dca purchased debt in june 06 (apparently) and they only let me know about this in march 08.

 

To make matters worse I have been paying this dca money which ends soon from march06 for another debt I had. £38 left to pay.

 

they said they have only just linked address..haha a bit late.

 

Is this Statute Barred? as far as I'm aware they purchased this debt 7 yrs after default, I have printed SB letter to send them but what should be there reply, and also what should be my next action taken?

 

many thanks again.

[BlurredFX]

I am certainly not an expert, but I would have thought that yes - the debt is statute barred. I think it is 6 years in you acknowldged the debt. e.g admitted you owe it to them either on the phone or by letter.

 

I would make it plain in any correspondence that you do not acknowledge the debt.

 

Who are the DCA?

[kevsaints]

reply : debt collection agency. thx

 

I have not admitted debt to them also have just received letter stating :

Further to your request for a copy statement/ agreement for your account our client confirms that all relevant information has previously been sent to you, and that the balance outstanding as stated is correct.

 

they only provided a copy of original cca for the 1k had nothing regarding 2.5k

[kevsaints]

sorry .... I have not admitted debt to these at all.

 

however was paying until feb/ march 99.

 

is it statute barred?

[kevsaints]

DCA are RW & C

[BlurredFX]

Sounds to me like the usual bullying tactics we are all used to.

 

Have you made it clear in all correspondence that you do not acknowledge the debt? In CCAing them could they argue that you acknowledged the debt?

[PGH7447]

If the debt has not been acknowledge or had payments made towards it since feb/mar 1999 then it should be statute barred.

 

Have they supplied the correct CCA's for these alledged debts, if so scan them up then the people on here can advise fully.

[sequenci]

It sounds like it could be Statute Barred providing there was a cleaer six years without payment or written acknowledgement and providing there is no court order against the debt.

[kevsaints]

Hi Sequenci as far as i'm aware of there is no court order as the letter notifying me of the debt threatened court action if not paid within 7 days.

this was issued by the dca invovled.

i had totally forgot all about this debt but was told it is statute barred as it defaulted in 02/99......The dca purchased debt in 06/06.......notified me of debt in 03/08.

so 9yrs since default .... surely statute barred?

[sequenci]

Hi Sequenci as far as i'm aware of there is no court order as the letter notifying me of the debt threatened court action if not paid within 7 days.

this was issued by the dca invovled.

i had totally forgot all about this debt but was told it is statute barred as it defaulted in 02/99......The dca purchased debt in 06/06.......notified me of debt in 03/08.

so 9yrs since default .... surely statute barred?

 

Sounds possible!

 

Send them this!

 

Your Name:

Your Address:

Date

 

To:

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Account No:

 

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 under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully

 

(Your signature)

[kevsaints]

Hi everyone great site,

 

I received a letter from Robinson Way & Co,

This letter stated I owed £2,500.00, so I phoned them to ask what for,

was told this was for Ex HFC and also there was another £1,000.00 for a seperate account.

 

The account's defaulted in March 99, they purchased the debts in June 06, and then notified me with a demand or court action if not paid within 7 day's in March 98. I do not know if I was taken to court during that time as there is nothing on my credit report for HFC however as it's over 9 yrs ago this would have come off my file by now. On my credit report there is HFC as listed as looking at my report in 1999, but that is it.

 

I was told this debt was statute barred by member's of this site, and I even phoned National Debt line and was told the same. May I add they have not recieved any payment's from me since 03/99.....and I have not made any negotiation's with them since.

 

However I have since asked for the CCA agreement's of which I have only received the one for £1K total, then I sent a letter stating these account's are STATUTE BARRED ( recorded delivery) over the last few day's i have had about 10 call's from them, I will not talk to them over the phone however I stated to them if I continue to receive phone calls from them I will report them to the relevant bodies, I also asked for a reply to my letter and they have now said they are proceeding with court action.

 

Help.....where do I go from here and what's the best way to deal with it?

 

any help much apprieciated thx.

These people are driving me mad.

[42man]

LETTER BEFORE ACTION

 

Dear Sirs / Madam

 

I am writing Further to my letter to yourselves dated 29th February 2008 which was sent recorded delivery and signed for by yourselves on the 3rd of March 2008 (copy attached).

 

In my previous letter I drew your attention to the OFT Debt Collection Guidance which states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

In light of the fact that I have not received any written communication from yourselves providing the required evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act I am shocked that you have ignored the OFT guidelines and continued to telephone me everyday this week (a log is being kept and will be produced should further action be required).

 

Take notice that I will only communicate with yourselves in writing and if you continue to telephone me I will treat this as Harassment as detailed in section 40 (1) of the Administration of Justice Act 1970 and will accordingly submitted complaints to Oftel, the FOS and Trading Standards.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I would also like your official complaints procedure within 14 days.

 

I look forward to your reply.

[42man]

Send the letter addressed to Graham Prosser / Managing Director / Robinson Way....

 

Also send this letter to your local MP, the OFT, Trading Standards, and your local police chief

 

And write at the bottom

 

CC

(your local MP)

(your local police chief)

(OFT)

(your local trading standards)

(Attila The Hun)

(and Gareth Thomas - Parliamentary Under Secretary Of State - Trade and Consumer Affairs) His address is 1 Victoria St, London SW1H0ET

 

I'm serious about all of these above (apart from 1 of course !!!)

[tomterm8]

I would consider recording some of these phone calls, and seeking to get them to threaten you with going to jail, or making similar threats;)