Robinson Way/Horwich Farrelly

[toxygene]

I recently received a letter, out of the blue, from Horwich Farrelly acting on behalf of Robinson Way about an alleged debt from over 5 years ago to Capital One. I am resident in Scotland and therefore, as far as I am aware, subject to Scottish, not English, law.

 

I have had no contact whatsoever with Capital One, or anyone acting on their behalf, for over 5 years.

 

I responded to their letter informing them that as I had not acknowledged the alleged debt within the 5 year period any liabilty was now extinguished as per The Prescription and Limitation (Scotland) Act 1973.

 

I have now received another letter from Horwich Farrelly. I can upload a scan it if it helps. I've copied the content of the letter below (edited for personal info)

 

 

 

 

Our ref:*********

 

** July 2010

 

Dear sirs

 

Our Client - Robinson Way Limited (assignees of Capital One)

Balance outsanding - £*******

 

We act for Robinson Way Limited.

 

We have received a copy of your email dated ** **** 2010 received via their website (copy enclosed). (No copy was enclosed)

 

You state that you have not acknowledged the debt within 5 years and you claim it is statute barred under the Prescription and Limitation (Scotland) Act 1973.

 

Your assumption that our client is prevented from pursuing this debt is incorrect.

 

The terms and conditions of the agreement between yourself and Capital one, which our client took assignment of in 200*, states the law governing the agreement, is the law of England.

 

Our client is quite entitled to raise an action in the Courts in England against you claiming the outstanding balance of £*******. The Limitation Act 1980 sets out the rules on how long our client has to take action against you for this debt.

 

The limitation period in England is 6 years. The limitation period commences at the time the cause of action arose. The limitation period starts to run from the earliest time that the legal proceedings could first have been brought. This period began after you made your last payment on ** ***** 2005. Our client has until 2011 to issue proceedings.

 

We look forward to hearing from you with your proposals for settlement within 7 days.

 

Yours faithfully

 

Horwich Farrelly

 

 

 

What planet do these people inhabit?

 

I have no clue what to do now.

 

Can they do this?

 

I really need some advice now.

 

Should I report them to some authority or something because I was under the impression that it was unfair to pursue someone for an alleged debt that was extinguished and also unfair to threaten court action outside the resident juristiction.

[IdaInFife]

Dear *******

 

Thank you for your email dated xx/xx/xx.

 

 

Irrespective of any terms and conditions that may or may not be in existince, as a Scottish resident and as a consumer, any Court proceedings issued from and English court will be challenged due to Jurisdiction and as I am a resident of Scotland the Prescription and Limitation (Scotland) Act 1973 does apply in this case.

 

Please also note that if any proceedings are to be actioned then I reserve the right to notify the court that you have already been advised of the above prior to any proceedings being raised.

 

As you have confirmed that there has been no knowledgement or contact regarding the alleged debt in over 5 years I refer you back to my original email.

 

Any further contact from yourselves or any associated company on the above alleged debt will leave mo no option to make a formal complaint to the OFT and trading standards.

 

 

 

 

 

 

[toxygene]

I sent the reply suggested above. I just got back from holiday to find the following letter from RobWay

 

Dear ************

 

Account No. ******************

 

We refer to the above account and acknowledge your recent communication.

 

Having reviewed your comments, we can now advise you that we have closed your account in our files and you will receive no further communication from ourselves in this matter.

 

If you require any further information please do not hesitate to contact us.

 

Yours faithfully

 

Collections Manager.

 

Thanks for your help and suggestion.

[IdaInFife]

these people think that if the lay enough pressure you will cave in or question yourself

 

glad you got a result and keep that email safe - you never know

 

Ida x