Surprised...... Help Needed URGENT

[kevsaints]

Recieved a letter from them today this is what it say's!

 

Further to your recent communication, we do not accept that the above account is time barred under the limitation act.

 

Even were you to demonstrate that this debt is time barred, the debt still legally exists and may be reported accordingly to the credit reference bereaux, as appropriate.

 

We are prepared, however, to offer you a substantial reduction to settle this account once and for all. Should you be interested in taking up this option, please telephone us on the above number.

 

What should I do ......?

I was on the understanding a debt can only be placed on your credit file once, when it defaulted, so can they place it on there again....?

ie: when it was originally hfc debt they would have put a default notice in 99. so can they put default notice on again after all this time...

 

many thx to all.

[itsamomentintime]

its statute barred, but they dont accept this?

 

am i missing something here?

 

or are they really that desperate?

[NailPost]

They appear to be acting as if they are above the law. They can't do that.

 

Write to them simply to acknowledge receipt of their letter dated (whenever) and state the matter is in dispute and you wish to make a complaint. You therefore want details of their complaints procedure sent to you asap. They have eight weeks to send you these details, in writing, and resolve the complaint. If they don't you can ramp up ther matter to the Financial Services Ombudsman. From what you say the FOS will take a dim view of their activities and an investigation will cost them at least £400.

 

If they refuse (or ignore the request) to send you details of their complaints procedure - which they are obliged to have as part of their consumer credit licence - then you can complain straight away to the FOS.

[kevsaints]

sorry everyone first post should be

Defaulted in 03/1999......robinson way and company purchased debt in 06/2006.....then notified me in 03/2008.....this is the correct dates.

However I have been paying them for a seperate debt from 03/2006,

asked them why it took them so long to notify me they said only just linked addresses.

[kevsaints]

Hi me again had a phonecall from Horwich Farrelly this morning, 13/05/08.

 

asked what it was concerning and they stated Robinson way & Co, would not confirm details as I did not know who they were, I was told I should recieve a letter by next week.....looks like there solicitor's.

 

what should I do now ?

 

so far have just sent letter back to robinson way, see above No 2.

 

shall I report them straight away to the relevant organisation's.

 

any help plz....thx

[kevsaints]

great site, help needed.

 

Basically I have 2 debt's from Feb/ March 1999, this is when they defaulted they are for approx 3.5k.

 

They were originally for HFC, however in june 2006 the debt was purchased from them by RW&Co, I only received Default notice in March 2008 from RW&C, I have since seeked advice and was told these debt's are statute barred, I asked for copies of cca's to which I recieved only 1 of them for the lower amount. (not the largest 1).

 

they then kept phoning to ask for payment so I sent them a STATUTE BARRED letter from this site, to which they replied we do not accept this, (dated 08/05/2008) however they then phoned again and as I stated I will not discuss this on the phone they have now threatened legal action.

 

Then yesterday I sent them a letter before action, stating if they continue to press for payment etc etc i will take action against them and report them to all relevant bodie's.

 

Then today I recieve a letter saying pay in full in 7 day's or a substantial payment with proposals for settlement of the balance, or they intend court action which may increase the amount owed by the addition of court fee's and cost's.

 

Also in the letter I stated I wish to have a copy of there complaint's procedure, this was sent to the MD of RW&C as well as themselves.

 

I know I have not had any contact with HFC/ or RWC from 03/1999 to 03/2008. so as far as I'm concerned this is Statute Barred.

 

Should I now report them to relevant bodie's for continuing to press for payment and what should I send to RW&C solicitors Horwich and Farrelly ?

 

Any help appreciated thank's.

[kevsaints]

great site, help needed.

 

Basically I have 2 debt's from Feb/ March 1999, this is when they defaulted they are for approx 3.5k.

 

They were originally for HFC, however in june 2006 the debt was purchased from them by RW&Co, I only received Default notice in March 2008 from RW&C, I have since seeked advice and was told these debt's are statute barred, I asked for copies of cca's to which I recieved only 1 of them for the lower amount. (not the largest 1).

 

they then kept phoning to ask for payment so I sent them a STATUTE BARRED letter from this site, to which they replied we do not accept this, (dated 08/05/200:cool: however they then phoned again and as I stated I will not discuss this on the phone they have now threatened legal action.

 

Then yesterday I sent them a letter before action, stating if they continue to press for payment etc etc i will take action against them and report them to all relevant bodie's.

 

Then today I recieve a letter saying pay in full in 7 day's or a substantial payment with proposals for settlement of the balance, or they intend court action which may increase the amount owed by the addition of court fee's and cost's.

 

Also in the letter I stated I wish to have a copy of there complaint's procedure, this was sent to the MD of RW&C as well as themselves.

 

I know I have not had any contact with HFC/ or RWC from 03/1999 to 03/2008. so as far as I'm concerned this is Statute Barred.

 

Should I now report them to relevant bodie's for continuing to press for payment and what should I send to RW&C solicitors Horwich and Farrelly ?

 

Any help appreciated thank's.

[kevsaints]

great site, help needed.

 

Basically I have 2 debt's from Feb/ March 1999, this is when they defaulted they are for approx 3.5k.

 

They were originally for HFC, however in june 2006 the debt was purchased from them by RW&Co, I only received Default notice in March 2008 from RW&C, I have since seeked advice and was told these debt's are statute barred, I asked for copies of cca's to which I recieved only 1 of them for the lower amount. (not the largest 1).

 

they then kept phoning to ask for payment so I sent them a STATUTE BARRED letter from this site, to which they replied we do not accept this, (dated 08/05/200:cool: however they then phoned again and as I stated I will not discuss this on the phone they have now threatened legal action.

 

Then yesterday I sent them a letter before action, stating if they continue to press for payment etc etc i will take action against them and report them to all relevant bodie's.

 

Then today I recieve a letter saying pay in full in 7 day's or a substantial payment with proposals for settlement of the balance, or they intend court action which may increase the amount owed by the addition of court fee's and cost's.

 

Also in the letter I stated I wish to have a copy of there complaint's procedure, this was sent to the MD of RW&C as well as themselves.

 

I know I have not had any contact with HFC/ or RWC from 03/1999 to 03/2008. so as far as I'm concerned this is Statute Barred.

 

Should I now report them to relevant bodie's for continuing to press for payment and what should I send to RW&C solicitors Horwich and Farrelly ?

 

Any help appreciated thank's.

[Rahl]

RWC are just up to their usual threats that they cannot enforce, id be more worried about this default they registered. A Debt Collection Agency cannot add a default notice to a credit reference file after it barred in accordance with the Limitations Act. You need to initiate a complaint against RWC on this straight away , also inform OFT and the information commisioner , trading standards and dispute it directly with the CRA . Get in touch with the national debtline too. Thats bang out of order.

[tiglet]

I would get in contact with your local TS straight away - this can be construed as harassment as you have stated you won't pay because it is statute barred.

 

Send an email to this guy: [email protected] and advise this is what you have done and that you view this to be harassment and may report the matter to the police.

[tiglet]

I have answered on your other thread.

[kevsaints]

Again was getting a bit worried. Thanks to you all.

[tiglet]

No problem

[Truther]

If they have purchased your debt thats nice of them

I wonder if they would pay your other debts.

 

 

Thats just a bad bussiness investment purchasing someone's debt.

hehehehe

 

Ask them to validate the debt in a sworn affidavit.

They probally won't incase they perjury themselfs.

 

 

The contents of this post should not be construed as being legal advice

 

Peace

 

Truther

[ODC]

RWC seem to be under the MISapprehension that it is up to a debtor to prove a debt is Statute Barred when actually the converse is true. You have told them the debt is Statute Barred so the burden of proof rests with them to prove otherwise.

 

Time to make the formal complaints as advised above

[Rahl]

Thats what they told me after getting a statute barred letter . They didn't 'accept' it was statute barred . Not at all interested in proving that it wasn't.. just they didn't 'accept' it . It's like ..' we dont care about what the law requires, if we don't like it then we're not having any of it. So pay up.'