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Robbers Way are back again


Shifter
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Hi guys,

 

for the third time this year Robbers Way have generated a fictional debt in my hubby's name and are demanding over £4000. We have become quite practised at this, so the prove it letter is going in the post tomorrow.

 

My reason for posting is this: after three attempts by them to weasel money out of us for debts that we know nothing about, is there anything I can do to get rid of them for good?

 

I am sick and tired of fighting them every few months, especially as the debts they claim to be collecting are either made up or a case of mistaken identity. Would a complaint to the OFT be the right thing here? Any advice gratefully received.

 

TIA.

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I would contact your local TS in the first instance - their TS know all about them, but will refer you to yours.

 

Secondly, I would invoke their complaints procedure. the person to contact is Hayley Felton.

 

Hope this helps.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I would contact your local TS in the first instance - their TS know all about them, but will refer you to yours.

 

Secondly, I would invoke their complaints procedure. the person to contact is Hayley Felton.

 

Hope this helps.

 

Thanks.

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  • 2 weeks later...

Quick question about contacting trading standards: we recently relocated and we don't want DCAs to get our new address. Do I contact TS local to old address (where RW letters are still going, daily :rolleyes: ) or TS local to us now?

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  • 2 weeks later...

Another little victory against Robbers Way. Their response to the Prove It letter was, yet again, "Erm... crap... we're trying to get the agreement from the original lender... account on hold for now...."

 

We know they won't be able to get any such agreement as there is no debt!

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They'll now probably leave it for a few months and then send "polite" letters again.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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They'll now probably leave it for a few months and then send "polite" letters again.

 

Yep. Seems that every few months they invent a new debt to try and weasel out of us! That's why I'm reporting them to TS!

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  • 1 month later...

Just had another letter from RW, there is no copy of the alleged credit agreement enclosed. The letter says:

 

"Further to your recent request for a copy statement/agreement for your account. We have contacted the original creditor ad they have advised that all relevant information has previously been sent to you, and that the balance outstanding as stated above is correct. [£4,295.37]

 

The account is now long overdue for payment and we look forward to receiving payment in full, or your payment proposals, by return."

 

LMAO! So what they are basically saying is "There is no credit agreement. We can't prove that the debt is genuine. Pay up."

 

All we have sent so far is the prove it letter. They have failed to provide proof that the debt exists. What's the next step for us?

 

TIA.

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Report them to the OFT, Trading Standards and your local MP...if they have tried to chase this 3 times, then this is harrassment.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Report them to the OFT, Trading Standards and your local MP...if they have tried to chase this 3 times, then this is harrassment.....

 

 

Thanks. Do you have any advice for how to go about making these complaints?

 

We didn't keep the letters from previous attempts by RW to get money out of us for fictional debts. When they stopped chasing we shredded things - especially as we were moving and getting rid of old paperwork.

 

We have all their letters from this most recent account. Should we copy them and send them with the complaint letters as evidence? Or is it best to just write a simple letter to begin with and supply evidence when requested by TS and OFT?

 

How much detail should I include in the complaint letters?

 

Thanks.

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  • 4 weeks later...

Just to confirm, we sent them the "prove it" letter, they have failed to prove liability. We said that we were disputing the account with them and therefore they are unable to pursue payment etc. And we have made an official complaint to TS and had receipt acknowledged by TS though no news yet.

 

Just a bit upset about this latest letter really. I thought they would back down at being told we'd made a complaint but that's not the case and am now quite worried that this won't go away quietly.

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Shifter - I will try and find the legal terms and everything but as far as I'm aware if they have bought the debt from Barclays then they are legally bound to produce 'proof' that you owe it namely the CCA - it is their job to get it from Barclays not yours.

I had a funny conversation with a DCA about a Barclays account that is now statute barred and he tried telling me it wasn't - when he figured out a knew a little bit about what I was talking about he told me 'ok well if it's not your legal obligation to pay it it is your moral obligation' - so I told him if my conscience ever wanted some moral guidance I would get it to ring him! - well lmao he told me not to be faceious and put the phone down on me!

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Shifter - I will try and find the legal terms and everything but as far as I'm aware if they have bought the debt from Barclays then they are legally bound to produce 'proof' that you owe it namely the CCA - it is their job to get it from Barclays not yours.

 

That's my understanding too. Just not sure what, if anything to do next.

 

I had a funny conversation with a DCA about a Barclays account that is now statute barred and he tried telling me it wasn't - when he figured out a knew a little bit about what I was talking about he told me 'ok well if it's not your legal obligation to pay it it is your moral obligation' - so I told him if my conscience ever wanted some moral guidance I would get it to ring him! - well lmao he told me not to be faceious and put the phone down on me!

 

LOL!

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still searching but this is one thing i found...

 

"Debt-recovery agencies are paid to pursue you. So if you genuinely don't owe the money, you've got to be very strong and forthright," says Alex MacDermott from Citizens Advice. But simply telling the agency you aren't the debtor may not be enough: "Say you've called or written to them in response to their letter. In that way, they have established contact, and they're unlikely to give up easily."

Instead, Mr MacDermott's advice is: "Always ask for proof that you owe the money. It's up to the person claiming the debt to show you owe it." The easiest way, he suggests, is to ask to see the signed credit agreement that went with the original loan or credit card application, to verify the signature is yours.

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still searching but this is one thing i found...

 

"Debt-recovery agencies are paid to pursue you. So if you genuinely don't owe the money, you've got to be very strong and forthright," says Alex MacDermott from Citizens Advice. But simply telling the agency you aren't the debtor may not be enough: "Say you've called or written to them in response to their letter. In that way, they have established contact, and they're unlikely to give up easily."

Instead, Mr MacDermott's advice is: "Always ask for proof that you owe the money. It's up to the person claiming the debt to show you owe it." The easiest way, he suggests, is to ask to see the signed credit agreement that went with the original loan or credit card application, to verify the signature is yours.

 

Thanks for that. Trouble is we've already demanded that they produce the agreement and their response was initially "Barclays say you've got all the documentation", then this latest one "We don't have to send you any proof."

 

I know they are in the wrong I just don't know what to do next.

 

Should I just ignore them until we've spoken to Barclays and got confirmation from them that they know nothing about this alleged debt, as I'm pretty sure will be the case?

 

Also, should I send a copy of this latest letter to TS as a follow up to my complaint?

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just an idea you could always write to barclays and put in a data protection request

The Tally so far in order of appearince:

Intrum Justica

:DNow gone from my life

Metropolition

:DGone and had to repay me 500 pounds

Red(Lowell)

:DCase Closed

Aktiv Kapital

:pWas so sad yo say good bye. Parting is such sweet sorrow.

MBNA :oops::-) No CCA No Debt You lost

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They are talking bowlarks - they are referring to the Law of Property Act 1925, which does not apply - the Consumer Credit Act 1974 does.

 

It is not up to you to remind them of the law - they should know it. I would get back in contact with TS and also write to them, invoking their complaints procedure.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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  • 8 months later...

Sorry to drag up an old thread, but I thought this would be easier than reposting the whole history.

 

I sent the info to TS and they replied saying they would tell Robbers Way to leave us alone. Good stuff. We have heard nothing since February.

 

Well, today I have received a letter from RW at our new address, which I was careful never to let fall into their hands. It lists our old address, but with the incorrect post code, and asks my husband to contact them if he is NOT the person who used to live there :confused:

 

Surely they should be asking him to contact them if is IS the person who used to live there? Otherwise they are just establishing communication with a new person.

 

Seeing as the post code is incorrect I can honestly reply that my husband has never lived at the above address, yes?! But I doubt that would get rid of them.

 

How do I shake them off, get our current address removed from their records and make sure they can never get this address again?!

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Head the letter LETTER BEFORE ACTION, request they remove any adverse data they have placed on your credit files, ask them for an official apology, their complaints procedures and remind them of a recent court case Ferguson vs British Gas....(and send the new letter to the OFT).....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Head the letter LETTER BEFORE ACTION, request they remove any adverse data they have placed on your credit files, ask them for an official apology, their complaints procedures and remind them of a recent court case Ferguson vs British Gas....(and send the new letter to the OFT).....

 

Won't this just confirm that they have tracked down the right person and cause more problems?

 

I mean, great if it works, but I don't want to have to go through all of this AGAIN. Letters, special delivery, stress. I have a 7 month old baby now and just don't have the time or energy to go through all of this again. Hubby doesn't have the time or inclination to deal with it, which is why I always have.

 

But I suppose, now that they have this address it won't stop all on its own. I just thought that if I told them they have the wrong person they might drop it... writing it down like that makes me realise what a silly idea that was lol!

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