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Robinson Way and now Horwich Farrelly....

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This just seems to go on and on, so here goes.....

 

Robway got in touch about a debt from years back that I hadn't heard anything about for quite some time. Quick call to National Debtline and they advised Statute Barred letter which I duly sent.

 

Letters have still been sent, Robway claim that as I COULDN'T prove the debt was barred it was still valid, again quick call to ND and they advised.

 

I have also recently sent a letter to OFT with all letters sent and received and I'm preparing a letter for Trading Standards in Manchester as its the local office.

 

Anyway, now I have received a letter from Horwich Farrelly stating they will commence court action if I don't pay. I know its a threat as the debt is barred. What do I do now? Do I ignore this or send through the Statute Barred notification?

 

Obviously HF are part of Robway as its the same address just not sure whether to ignore or send Statute Barred letter again?

 

Letter to TS is going off as I'm getting really fed up with this. These let seem really persistent!

 

Thanks again for advice :)

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This just seems to go on and on, so here goes.....

 

Robway got in touch about a debt from years back that I hadn't heard anything about for quite some time. Quick call to National Debtline and they advised Statute Barred letter which I duly sent.

 

Letters have still been sent, Robway claim that as I COULDN'T prove the debt was barred it was still valid, again quick call to ND and they advised.

 

I have also recently sent a letter to OFT with all letters sent and received and I'm preparing a letter for Trading Standards in Manchester as its the local office.

 

Anyway, now I have received a letter from Horwich Farrelly stating they will commence court action if I don't pay. I know its a threat as the debt is barred. What do I do now? Do I ignore this or send through the Statute Barred notification?

 

Obviously HF are part of Robway as its the same address just not sure whether to ignore or send Statute Barred letter again?

 

Letter to TS is going off as I'm getting really fed up with this. These let seem really persistent!

 

Thanks again for advice :)

 

If you have sent the statute barred letter and THEY have not proved it otherwise, file under IGNORE :-D

 

Its up to them to prove its not barred, not you to prove it is.

 

If you want to write back, quote the following from the OFT debt guidelines

 

2.14 b. it is the methods by which the debt is collected that can be

unfair as follows:

 

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

 

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

 

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

 

• 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.

 

Personally I'd just sit back and let them kill a tree :-D

 

Just my opinions as ever.

 

S.


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Deal with your debts:

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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You must report these clowns to the OFT.


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I have reported them to the OFT but this was before I received this letter, I'm now going to get a letter off to TS in Manchester as it is the local office for Robway.

 

Is it worth getting a followup letter off to the OFT?

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The letter you have received will not have come from Horwich Farrelly who are a genuine firm of solicitors and not part of RobWay. RobWay simply use their letterhead in the hope of making you believe the letter is from Horwich Farrelly. I wouldn't worry about it if I were you.

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