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Robinson Way - bought debt

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Hi, I was contacted today (12/7/2010) by Robinson Way claiming that they have bought a debt from a mail order company that I have never heard of. The address of the debt is an address we have not lived at for over eight years and that the default occurred whilst we were living at the address we moved from there too, having been at that address for over two years before the alleged debt went into default. They asked for payment by debit card but I refused obviously as I have had no previous contact either from the company that they say they bought the debt from or them themselves. They said they would 'look into' what the original debt was for and put the account on hold. I immediately searched for RW online and have been reading the posts on this site since. What advice can you offer please as they seem to be trying to obtain money under false pretences. Does this sound familiar? Thanks

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RW wrote to my address regarding a debt owed by my sister in law to Shop Direct. My address was used as a temp corry address but ended after my SIL moved abroad in 2002. The debt would have been nearly 8 years old, at the time RW took over the account. I phoned RW to advise them my SIL lived abroad, never lived at my address. The cheeky monkeys passed the account to Provident who tried to send doorstep collectors to arrange an interest free loan for a statute barred debt. I obviously phoned Provident to put them in the picture and have heard nothing since.

 

If this is nothing to do with you and they don't stop the contacts after you have told them, phone Consumer Direct. Consumer Direct are the helpline for the OFT and Trading Standards, so should take a complaint from you to the appropriate people.


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Thanks for that. RW allege that the debt went into default on March 15 2004. Does this make it a statute barred debt, as the first I have heard about it was today (12/7/2010)?

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Thanks for that. RW allege that the debt went into default on March 15 2004. Does this make it a statute barred debt, as the first I have heard about it was today (12/7/2010)?

 

Yes should be. 6 years have passed without payment of the alleged debt.

 

So send them the statute barred letter by recorded. You can find the letter in the debt collectors library on the first CAG page.

 

Once you have sent the letter, they should only contact you if they are disputing SB status. If the just send debt collection letters or make phone calls demanding payment, they would be breaching OFT rules, so you could report them via Consumer Direct.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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You have no doubt read that RW are real chancers they buy SB debts and close to SB debts,as long as you are sure with your dates,do not phone them,just write them the account is SB and not to harass you any further,RW are real pondlife,with the most abusive threats................FS

Edited by firstship
sorry UB67 same thoughts

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Thanks for your quick response UB. I will await the letter they say is in the post and respond accordingly. I'll keep you posted with any developments...

:)

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If you know nothing of this debt, then make sure when you send the SB letter you head it ' I acknowledge no debt to your Company'.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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SO, here we are again....

 

Statute barred letter sent, harrassing phone calls day after day, morning & evening, then the 'Threat of court action if this debt remains unpaid' letter - see a pattern developing here?

 

Letter number two going in...

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Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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if you are totally sure that it was at least 6 years since your last payment send the Statued barred letter again recorded delivery.

I would complain to Trading standards through consumer direct as well


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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Success....

Just received a letter from RW stating that my 'account' is now closed following recent communication received.

 

Thank you to you all for your advice - had I not found this forum I probably would have payed up even though I knew nothing of the alleged debt. Just goes to show how vulnerable people are from vultures who make money from exploiting the law & peoples lack of knowledge.

 

Many thanks.

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