Robbinson way! chasing old HSBC joint business loan

[cerberusalert]

Hello, I'm not 100% on legal implications of this but I had similar with Lowells saying I made a £50 payment (again in cash) that my debt was not SB however like you I pay either standing order or using online banking, so challenged them saying I have never made any payment etc and demanded them to prove I had paid. They then sent letter saying it was a clerical error and admitted it was SB but carried on with their this debt is still outstanding blah blah blah.... Not sure if I did right thing but it put an end to it. Others may have better advice in dealing with Robbers Way so just hang fire and wait for further advice

 

It never fails to amaze me the amount of 'clerical errors' these companies make. Surely the ICO should be looking into these because it is blatantly obvious that they are not fit to process personal information.

 

Personally I wouldn't trust them with a coffee rota let alone personal data.

[RW Fugitive]

I'll send them a letter asking for proof. Should I send it via recorded delivery?

[cerberusalert]

If you post it at the post office counter you can ask for proof of posting which is free.

[RW Fugitive]

If you post it at the post office counter you can ask for proof of posting which is free.

 

nice one!

[brokebutnotbeatn]

rather than ask for proof I would write and say that NO CASH payments have ever been made to any debt so you state again this debt is SB'd and you will not be paying.

[Halibutt]

For future ammunition, remember that falsifying a payment on a statute barred debt in order to obtain monies by deception is fraud. A criminal offence. Something worth mentioning to them if you decide to write in future...

[RW Fugitive]

For future ammunition, remember that falsifying a payment on a statute barred debt in order to obtain monies by deception is fraud. A criminal offence. Something worth mentioning to them if you decide to write in future...

 

Good point... I'm certainly going to keep hold of their "account" printout.

[RW Fugitive]

Not heard a thing since I sent my "prove it" letter regarding payments. I said I wouldn't enter in to any further correspondence until/if they can prove I made the payments. I also advised them that I still believe the alleged debt is statute barred as per my previous letter (signed for)... I wonder what their next move will be?

[Bazooka Boo]

You did complain to the OFT/TS&FOS??

[RW Fugitive]

You did complain to the OFT/TS&FOS??

 

Not yet. I'm waiting for their next move. I've obviously kept the "statement" of payments I've supposedly made in CASH??? Just collecting evidence against them at the moment

[Bazooka Boo]

OK, but you really must make a formal complaint about robbersway at some point, I agree that you should get all the rope you can in order for them to hang themselves...

[RW Fugitive]

OK, but you really must make a formal complaint about robbersway at some point, I agree that you should get all the rope you can in order for them to hang themselves...

 

don't worry, I will be complaining about them, especially about the supposed "cash" payments

[Halibutt]

It's occurred to me that they used to send out Bank Giro Credit paying-in slips for cash payment at a bank counter. Might be worth bearing in mind, should they try again to "pull a fast one." Of course, if they had, you'd have kept all the stamped bank counterfoils... and the onus of proof lies strictly with THEM

[RW Fugitive]

It's occurred to me that they used to send out Bank Giro Credit paying-in slips for cash payment at a bank counter. Might be worth bearing in mind, should they try again to "pull a fast one." Of course, if they had, you'd have kept all the stamped bank counterfoils... and the onus of proof lies strictly with THEM

 

Oooh cheers! well I have never paid anything in cash to any debt, so it will be interesting to see what appears

[RW Fugitive]

Ok, got a "What have we done wrong?" letter saying they have called me, written to me etc... but have had no reply. the debt stands and needs paying. BUT they are now offering a reduction in the amount I allegedly owe.

 

There is no threats of legal action etc, just a please pay envelope.

 

Time to report them for making up that payments were made on this account? who's the best to write to? Cheers all

[sillygirl1]

Write back to them using their own headings in that letter

 

WHAT HAVE WE DONE WRONG

 

1. You have tried chasing somebody who knows their rights and is a member of CAG

2. Complaint to the OFT about your behaviour

 

WHAT CAN WE CORRECT

 

1. Stop chasing non substantiated debt

 

Go forth and do not multiply thy coffers this quarter.

 

I did the same when they kept chasing a debt which had been thrown out by the courts! Ended up with the infamous Hayley Felton (did she ever return from maternity leave?) and told her I got more sense out of my puppets...

[RW Fugitive]

Write back to them using their own headings in that letter

 

WHAT HAVE WE DONE WRONG

 

1. You have tried chasing somebody who knows their rights and is a member of CAG

2. Complaint to the OFT about your behaviour

 

WHAT CAN WE CORRECT

 

1. Stop chasing non substantiated debt

 

Go forth and do not multiply thy coffers this quarter.

 

I did the same when they kept chasing a debt which had been thrown out by the courts! Ended up with the infamous Hayley Felton (did she ever return from maternity leave?) and told her I got more sense out of my puppets...

 

Cheers

[Bazooka Boo]

What a charming missive they sent you.

 

OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

[RW Fugitive]

Robinson Way are chasing me again for a Statute Barred debt (8years) for about £20k.. I told them in March this year (signed for letter )that it was SB, they said it wasn't and sent me a "statement" showing various "cash" payments made here and there over a 2 year period.

 

I would never have paid cash to ANYONE and the other person who was on this joint account would certainly never pay ant debt, so I know they haven't paid anything to it. I wrote back and asked them to prove who paid the "cash" otherwise I wouldn't enter in to any further discussions with them.. they came back and offered a reduced debt balance of £2,000.

 

I wrote back and said it was stlll SB and I wouldn't be paying... heard nothing from them until today.......... I was so mad I called them (I know!)

 

I told them again it was SB, they said payments made, I said no... she went away and said "anyone could have made these payments as it was a joint acc" I said they have to prove it, she said "we don't.. pay up!"

 

Told them to take me to court if they feel I still owe it and I would attend as it is SB.. she then said it would go back to their "solicitors" to deal with

 

What should I do next?? I'm fuming!!!!!

[citizenB]

Well they are claiming it isnt statute barred, therefore it is up to them to prove when, where and by whom the payments were made.

 

They claim they were made in cash, which wouldl have required you to go to a bank and the bank should have the paying in slips - from the sort code they should be able to advise the bank the payments were made at.

 

Sounds to me as though they are clutching at straws.

 

I have attached the full advice by CSA in the attached pdf.. but it is important to note this bit....

 

 

In essence, providing you work within legislation and guidance, collection of statute barred accounts is a legitimate activity. However, if your debtor has stated that they will not be paying a debt because it is statute

barred, these accounts should be closed and your records updated appropriately. This will reduce the number of accounts that could be placed back out for collection or sale, which in turn could lead to complaint

and create further issues for the industry in this area.

 

 

Stat barred debt[1].pdf

[BRIGADIER2JCS]

Emm I see a problem here, the OFT Guidance on Debt Collection 2003/2011 on acknowledgment of a debt is quite clear:

 

''Acknowledgment is made in two ways by the debtor (or his agent) making any payment during the relevant period and or an unequivical written admission that an obligaton still subsists''.

 

The fact that this was a joint account make it even more difficult.

 

The only way I can see forward is to require them to divulge how and where this ''cash'' payments were made and if receipts were issued and to whom they were issued together with any payment slips or credit slips.

[RW Fugitive]

Well they are claiming it isnt statute barred, therefore it is up to them to prove when, where and by whom the payments were made.

 

They claim they were made in cash, which wouldl have required you to go to a bank and the bank should have the paying in slips - from the sort code they should be able to advise the bank the payments were made at.

 

Sounds to me as though they are clutching at straws.

 

I have attached the full advice by CSA in the attached pdf.. but it is important to note this bit....

 

 

 

 

 

Thank you. I'll have a read. Do you think it's worth reporting them to OFT / Trading Standards ? I'll write to them again and tell them that unless they can prove these payments have been made then it should be marked as SB and no further action should be taken..

[RW Fugitive]

Emm I see a problem here, the OFT Guidance on Debt Collection 2003/2011 on acknowledgment of a debt is quite clear:

 

''Acknowledgment is made in two ways by the debtor (or his agent) making any payment during the relevant period and or an unequivical written admission that an obligaton still subsists''.

 

The fact that this was a joint account make it even more difficult.

 

The only way I can see forward is to require them to divulge how and where this ''cash'' payments were made and if receipts were issued and to whom they were issued together with any payment slips or credit slips.

 

The other person doesnt pay debts, I know that for sure, so they are trying it on... I'm prepared to fight this!

[BRIGADIER2JCS]

Follow Citizen Bs advice together with mine and require the production of any/all documents relating the cash payments.

[RW Fugitive]

Follow Citizen Bs advice together with mine and require the production of any/all documents relating the cash payments.

Thank you both

 

I will see what I can get out of them... I'll update this thread with any news. Thanks again