Robinson Way still Deny Debt Limitation

[caryne]

After sending Robinson Way the standard letter denying debt limitation I today received a letter saying the following:

 

"Further to your recent communication we do not accept that the above account is time barred under the Limitation Act.

 

Even if you were to demonstrate that this debt is time barred, the debt still legally exists and may be reported accordingly to the credit reference bureaux, 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"

 

 

Now I know to ignore the last paragraph as that would just be me admitting the debt but I do not see how it is up to me to prove the debt is time barred? All they have sent me, so far, is the original agreement from 2001 and a letter which says, with no proof, that I last paid them £5.00 in September 2003. I know I would not have paid £5.00 on the debt as that would have been a daft amount to pay, I would have either paid nothing, the full amount or a regular monthly payment of more than £5.00. As I have said elsewhere I am not even convinced I still owe this debt as I paid several off in 2003 when I received a redundancy payment, sadly, after moving home several times, I don't have any records of any of my old debts or their payments, which were always in cash over the bank counter.

 

What I want to know is what do I do now?

[lickthewallfatboy]

the point is,scumway have to PROVE that it is NOT statute barred

 

sit back and watch them wriggle

[alfwithhair]

Typical Robberways drivil.

If they can't send proof you owe it, just tell then to get stuffed.

Who do they reckon the original debt was owed to?

[NailPost]

If you did pay a fiver in September 2003 then it is up to RWay to prove that you did and precisely when. If this payment was made in the first half of Sept '03 then its slipped into statute barred-land again. I would just ignore them until they come up with the proof they are responsible for finding.

[lickthewallfatboy]

they're like a yappy kid that you just feel like slapping

[debt4get]

they are right in the sense that the debt still exists, however, they havent a hope in hell now of getting it enforced in a court of law..tell em to sod off.. they know they have bought a debt they dont have a hope in hell of collecting on...

[caryne]

Thanks everyone. Just wondered if there was a standard letter or anything to write to them to tell them to prove it or get stuffed? I don't want to send the wrong thing and bugger up my chances.

[caryne]

Typical Robberways drivil.

If they can't send proof you owe it, just tell then to get stuffed.

Who do they reckon the original debt was owed to?

 

 

Capital One.

[ashmk]

As long as your certain its statue barred then If it was me I would just ignor everything they send from now on and get on with my life.

 

You have made your position quite clear to them and if they want to waste money sending letters then thats there choice.

 

Its barred and nothing will unbar it and they can never force you into paying. Wheather you send a letter to them or not will still result in them sending you back some bulls**t letter designed to trick you into paying.

 

Ignor them and file the letters away. Have a nice life

[caryne]

As long as your certain its statue barred then If it was me I would just ignor everything they send from now on and get on with my life.

 

You have made your position quite clear to them and if they want to waste money sending letters then thats there choice.

 

Its barred and nothing will unbar it and they can never force you into paying. Wheather you send a letter to them or not will still result in them sending you back some bulls**t letter designed to trick you into paying.

 

Ignor them and file the letters away. Have a nice life

 

 

Yes, but how can I be certain? As I said, all I have from them is a copy of the 2001 original agreement with Capital One and a letter which claims I paid Capital One £5.00 in 'September 2003'. What I don't want them to do is find some loophole and take me to court.

 

Does anyone know if there is a standard letter to send these people asking them to prove that it isn't statute barred?

[BankFodder]

you could also complaint to the office of fair trading .

[WelshMam2009]

Thanks everyone. Just wondered if there was a standard letter or anything to write to them to tell them to prove it or get stuffed? I don't want to send the wrong thing and bugger up my chances.

 

I wouldn't send any letter just yet, especially if the last payment was allegedly in September 2003.

 

If and when you do communicate I would be inclined to send, what I call, the deny debt prove it letter...will add a link in a sec...

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Also, this is the statute barred letter...which may be a bit premature at the mo given the dispute over the last payment...

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[caryne]

I wouldn't send any letter just yet, especially if the last payment was allegedly in September 2003.

 

If and when you do communicate I would be inclined to send, what I call, the deny debt prove it letter...will add a link in a sec...

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Also, this is the statute barred letter...which may be a bit premature at the mo given the dispute over the last payment...

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

 

 

Thanks but I have already sent them both of these, the first resulted in them sending me a copy of the 2001 agreement and a letter saying I paid in September 2003 and the second resulted in the letter I quoted at the beginning of the thread.

 

What I need, if there is one, is a letter asking them to prove the debt isn't statute barred, which is what they are currently claiming.

[WelshMam2009]

Thanks but I have already sent them both of these, the first resulted in them sending me a copy of the 2001 agreement and a letter saying I paid in September 2003 and the second resulted in the letter I quoted at the beginning of the thread.

 

What I need, if there is one, is a letter asking them to prove the debt isn't statute barred, which is what they are currently claiming.

 

 

Can only see this one...

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

 

Nonetheless, I would still be inclined to ignore them until the end of the month!!

[cerberusalert]

You don't need to prove the debt is Statute Barred, see page 13 sect 2.14b Debt collection guidance - Final guidance on unfair business practices - oft664

[caryne]

Can only see this one...

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

 

 

Nonetheless, I would still be inclined to ignore them until the end of the month!!

 

 

Yes, that's the sort of letter. I won't send it yet but can anyone tell me if Gareth Thomas, the person named in that letter, still holds the position it says?

[caryne]

You don't need to prove the debt is Statute Barred, see page 13 sect 2.14b Debt collection guidance - Final guidance on unfair business practices - oft664

 

 

Yes, I realise I don't need to prove it but I suspect just ignoring them won't work either as they are stating that they 'do not accept that the above amount is time barred under the Limitation Act'.

[WelshMam2009]

Yes, that's the sort of letter. I won't send it yet but can anyone tell me if Gareth Thomas, the person named in that letter, still holds the position it says?

 

Don't think he does after a quick Google...just leave that bit out then.

 

As regards ignoring them...they have to reach a point where they "put up" or "shut up."

 

They think that the majority will be brainwashed into believing what they say if they repeat it long enough!!

 

Let's try and get September out of the way first...

[caryne]

Don't think he does after a quick Google...just leave that bit out then.

 

As regards ignoring them...they have to reach a point where they "put up" or "shut up."

 

They think that the majority will be brainwashed into believing what they say if they repeat it long enough!!

 

Let's try and get September out of the way first...

 

 

Yeah, I won't do anything till the end of the month.

 

Guess, I could try and find out who replaced Gareth Thomas, if no one else knows?

[DonkeyB]

Come October, it will be interesting to see if they suddenly find that a payment of £5 was made in October 2003...

 

If you push this, and demand proof of the payment in 2003 (ie, where, when, how), they will get themselves in to an awful lot of trouble - but, as we've said previously, it depends whether you can be bothered.

 

Also, if you haven't acknowledged this debt in over six years - the definition of SB - then it should have fallen off your credit report. If it's still there, then there's potentially even more trouble for RW - reporting it after this long while trying to collect it and deny its SB status could be taken as vexatious. Keep the OFT and TS informed of what's happening.

[cerberusalert]

The main contact with the CSA is;

 

Robinson Way & Company Ltd

201 Deansgate

Manchester

M3 3NW

 

Contact: Mr G Prosser

Phone: 0161 834 2861

Fax: 0161 832 1543

Email: [email protected]

Link: Robinson Way // Home

Service: ABCGL

Area: UK

Region: NW

Type: Full

[caryne]

Come October, it will be interesting to see if they suddenly find that a payment of £5 was made in October 2003...

 

If you push this, and demand proof of the payment in 2003 (ie, where, when, how), they will get themselves in to an awful lot of trouble - but, as we've said previously, it depends whether you can be bothered.

 

Also, if you haven't acknowledged this debt in over six years - the definition of SB - then it should have fallen off your credit report. If it's still there, then there's potentially even more trouble for RW - reporting it after this long while trying to collect it and deny its SB status could be taken as vexatious. Keep the OFT and TS informed of what's happening.

 

 

Well, I have got the letter from them where they say the last payment wa made in 'September 2003' so it will be interesting if they then find one from October 2003.

 

I would like to inform the OFT and TS but I'm not sure exactly what to say to them. At the moment it all seems a bit confused and I worry about saying the wrong thing.

[caryne]

The main contact with the CSA is;

 

Robinson Way & Company Ltd

201 Deansgate

Manchester

M3 3NW

 

Contact: Mr G Prosser

Phone: 0161 834 2861

Fax: 0161 832 1543

Email: [email protected]

Link: Robinson Way // Home

Service: ABCGL

Area: UK

Region: NW

Type: Full

 

 

Sorry, but I am a bit confused, why do I need this name/address?

[cerberusalert]

It's me not realising you meant the MP, but it wouldn't do any harm sending any response to Robbersway directly to Mr G Prosser.

[caryne]

It's me not realising you meant the MP, but it wouldn't do any harm sending any response to Robbersway directly to Mr G Prosser.

 

 

Who is Mr Prosser within Robinson Way?