Please help...Advice needed

[longo1982]

Hi, I'm hoping someone may know what to do!

I received a mysterious letter from Robinson Way debt collectors yesterday, asking if i previosly lived at an address mentioned in the letter. I contacted them by phone asking why they wanted to contact me and they said I had an outstanding debt with Next which was defaulted in 2006.

I have been monitoring my credit file on Experian for a few years and although on my report from 2007 there was a debt with Next which is originally from 2001 but was defaulted in 2006 it is no longer on my credit report as it is totally clear.

The debt is only £144 but I would rather not give a bullying debt collector a penny if I don't have to.

Any advice would be greatly appreciated.

Thanks

[Thailand]

Don't speak to these numpties on the phone, it is their tool to attempt to intimidate you with their guff. Keep everything in writing.

 

If it is the same next debt that defaulted in 2001, then as far as I am aware, they couldn't put a default on again in 2006 - just change the name of the owner of the debt to RW from Next. This could be to annoy you; an attempt to get you in contact with them - or a move to keep the alleged debt from becoming statute barred, which if you have paid or acknowledge from 2001 it certainly is.

 

That would mean you have no legal obligation to pay it as it can't be enforced (there is a very, very small chance - but not for £141 really and that probably includes fees they would never justify in any court) You really won't end up going there anyway.

 

If I were you I'd just ignore the cretins, but if you want to send a letter - send a statute barred letter in the library if it applies to you.

[longo1982]

The credit agreement was first entered in 2001 and was last defaulted in 2006.

I have checked my experian report which doesn't mention anything of this debt in the latest report. It was on my 2007 report.

Thank you for your help, I am hopeless when it comes to these things!!!!

[Thailand]

Don't speak to these numpties on the phone, it is their tool to attempt to intimidate you with their guff. Keep everything in writing.

 

If it is the same next debt that defaulted in 2001, then as far as I am aware, they couldn't put a default on again in 2006 - just change the name of the owner of the debt to RW from Next. This could be to annoy you; an attempt to get you in contact with them - or a move to keep the alleged debt from becoming statute barred, which if you have paid or acknowledge from 2001 it certainly is. I meant not paid or acknowledged!!

 

That would mean you have no legal obligation to pay it as it can't be enforced (there is a very, very small chance - but not for £141 really and that probably includes fees they would never justify in any court) You really won't end up going there anyway.

 

If I were you I'd just ignore the cretins, but if you want to send a letter - send a statute barred letter in the library if it applies to you.

 

The credit agreement was first entered in 2001 and was last defaulted in 2006.

I have checked my experian report which doesn't mention anything of this debt in the latest report. It was on my 2007 report.

Thank you for your help, I am hopeless when it comes to these things!!!!

 

I'm a bit confused here - can you say when the last payment you made was, or the last time you communicated with them in a way which acknowledged the debt. If you have, and it was within 6 years, you can send a Consumer Credit Act request off to them for £1 to see if they have you agreement (pigs might fly) as they need this to enforce the debt. You could even send a Subject Access Request to Next to find out if any fees have been added and reclaim them (£10). Both these letters are in the debt forum here under templates. If it was rightfully defaulted in 2006 then it is not statute barred.

 

Your file is clear, so it's up to you if it's worth bothering with (If the debt is yours and you think this figure is all fees you might not want to bother) Though RW will pimp the debt to another DCA.

[longo1982]

I think it is well over 6 years since the last payment was made, probably closer to 2001 than 2006.

I have asked them to send me a copy of the credit agreement and some other details so we'll see what happens.

I don't really want anything popping up in a few years so I might see if they'll make an offer to me to pay in full.

What do you think would be a realistic amount on a £144 debt?

[Thailand]

http://www.consumeractiongroup.co.uk/forum/getting-out-debt/223907-final-settlement-offers-advice.html

 

Read threads of a similar nature and bear in mind RW only paid like £20 ish for the 'debt' which still could be loaded with fees. If you have a clear period of not acknowleding the debt now we know there is no payments, then it is statute barred and you owe them nothing. This is any clear 6 year period without acknowledgement or payment - the fact you called does not undo that - it is barred at law. I'd send the statute barred letter (well, I'd ignore the clowns but each to their own)

 

If you feel you owe something then research this F+F route and be sure to negotiate that on your terms using the fact they can never collect - the bottom feeders know this.