Robinson Way - unknown debt details

[roxina]

Hello

 

I would be grateful for advice/opinions on the following:

 

When I first met my OH he used to get countless phone calls per day from Capital One. I suggested he speak to them, but having not known him long couldn't really do much. We moved and got a new phone number, and never heard from them again.

Now we've been together several years, and I managed to get him to check his credit report.

Its shows a Defaulted account for approx £2100, with Robinson Way.

As far as I can get out of him, he only ever had a credit card with Capital One, so we assume this is their debt - and he has no idea what would have been on the card (I know alot of that value will be interest, but he has no idea what the original expenditure was).

So we sent a letter to capital one asking for a CCA and a statement of transactions and charges, with details of his former address (as shown on the credit report against that account) and his name, dob etc. to trace him.

They replied that they could not trace any record of him. We do not have an account number as OH never kept paperwork before I met him.

So, we were on the verge of sending similar letter to Robinson Way - then I read numerous posts on this website about how awful they are to deal with, and how impossible it is to get CCA's.

We want my OH's default cleared up and resolved, incase we want to get a mortgage in the next few years, but don't want to get in a situation where we're being chased for a debt which we still haven't established what it is- which I think will happen if we make contact with RW.

The default is dated 2/12/2006 - so only 3 years old. Most recent date is 'file updated to 15/2/09'. Will this be statute barred in Dec 2012? Or 6 years from any 'update'?

I am torn between getting involved with Robinson Way, or just holding out for another 3 and bit years.

Really, what would everyone else do?!!!!

Sorry for long post, wanted to try and get all info in.

thanks in advance

Roxina x

[izzitme101]

6 years from last payment or acknowledgement of the debt is the limit, updating your cra files will not change that, despite what the robbers may tell you.

[Bazooka Boo]

For clairification, any debt will become Statute Barred (SB) from the date of the last payment, or acknowledgement (in writing) of the debt.

 

So it will become SB in dec 2012.

 

As for robbers way, if cr@pone can't find anyhting on their files and records, you can bet your bottom dollar that robbersway won't have anything enforceable either.

 

Didn't cr@pone even mention they had sold a debt, or your OH even had a debt with them?

 

Also speak with the Credit Reference Agency (CRF) and ask them what they are playing at, and to send you their complaints procedure, as the information they have on file is incorect as no debt exists:evil:

 

Robbers way, if you contact them then it should be via mail only, do not talk to them over the phone, they only grunt...

If you wish, you should first acknowledge that you are unaware of any debt and until they can prove to the contrary they must stop processing your information immediately, and you are reporting them to the OFT,(debtcollectionguidance@oft.gsi.gov.uk) Trading Standards, the Information Commisioner office, and the FOS

 

Boo:wink:

[dx100uk]

yep first porrt of call should be a CCA request to the robbers way.

if they cant supply that in 12+2 working days, then a strongly worded letter to the CRA to please check their data is the next step & remove the default forth with

dx

[Uptotheneck]

The date of the default isnt generally the date of the last payment.

 

Do you know roughly when your OH last made a payment?

 

 

Regards

 

David

[roxina]

Thanks for reply's.

 

I met OH in May 2006, and that was when he was refusing to talk to cap one on the phone, so I pretty well imagine he's made no contact/payment or anything with them since then - that is before the date of the default onthe credit report. As far as I know - anything in writing from them will be going to an address he hasn't lived at since 2005.

 

Cap one didnt' mention his debt being sold, their letter simply said they couldn't trace him with the address provided - so maybe they have another address..... its all very confusing. we stated the address shown against the default account that is shown on the credit report.

 

I guess we will write to 'robbers way' (love it!) about the CCA. Is there a specific letter we should use? Or just mention points you've all noted?

 

thanks again!

roxina

[PGH7447]

good luck with the fools, personally I would leave well alone, you could be opening up a whole world of grief, 1 default does not a bad credit rating make

[sillygirl1]

Robbers Way have the idiocy to tell me that I have to prove to them that id fraud has taken place despite going to court with Cap1 in 2006 and they lost!

 

I expect Cap1 are being flooded with requests for CCAs from RW, and will have only 'application forms' which are not sufficient evidence of an account being open. They will use any argument they can think of, including "Why didn't you tell Cap1 this?" which of course I did.

 

Sounds like the alleged debt may already be statute barred.

[PGH7447]

. They will use any argument they can think of, including "Why didn't you tell Cap1 this?" which of course I did.

 

.

 

Snap, when i pointed out that the balance they claim I owe is less than the charges crap1 owe me:D

[roxina]

Sorry, another question on this..... if we do decide on the route of approaching Robbers Way for the CCA, are we also entitled to have details of how the debt is made up (ie the statement, showing orginal purchases, plus all the charges etc.) The reason being OH really has no idea what was on the card...... So even if for some miraculous reason they produce a CCA, we still wouldn't want to pay without my OH knowing what the details are......

 

roxina x

[Bazooka Boo]

IMHO I would send them the CCA request first, see if they have anything!

Then you can ask them for a statement of account which is Free Of Charge (FOC)

 

Have they not sent anything with the total amount of debt they are asking for to be repaid?

[roxina]

No they haven't because we haven't heard from them. We only know about this from checking OH's credit report. So the contact with RW hasn't actually begun, unless they are sending letters to an old address, where OH hasn't lived for 3.5 years.....