Help - RWay 9 Year Old Debt - lowell claimform What to do?

[SF2010]

Hi

 

I have an old debt with Halifax (OC) for a CCA in 1997, defaulted 2001.

 

 

I dont have a default or termination notice, just details from an old credit file.

 

 

I have been paying £1 token payments to Robinson Way since around 2006, exact dates unknown.

 

Since 2008,

Halifax have been sending me 'notice of arrears' letters which show the balance outstanding and shortfalls included.

The shortfall of required payments exceeds the total amount owing on the account letter, is that normally the case?

 

I have contacted Haifax by telephone in the last 2 weeks.

They advised me to contact the DCA to discuss.

They have not advised me that a debt has been sold to RW.

RW have not advised me that they have bought the debt either.

So, are they part of Halifax?

 

I sent a SAR to Halifax 9 Aug to ensure that this debt is not Statute Barred as I didnt start getting details of arrears letter until 2 years ago.

 

Im not sure if this is connected, but I have just received a letter from RW to ask me to increase my payments to £1.50 pm, or repay the debt in full.

 

Whilst I have no issue in increasing payments by 50p,

after a recent episode with Link Financial trying to claim for a debt 13 years old,

I think it is wise to ensure that this debt is enforceable.

Halifax's more recent actions with the Notice of Arrears suggests that it is, but I think its best to ask.

 

Should I also send anything to Robinson Way at this stage?

 

All advice welcome!!

 

Thanks :?

[Bazooka Boo]

Robbersway can sling their hook. Who have you been paying all this time? Halifax or robbersway?

 

As it is for a CC, and the length of time this has been going on for, defaulted 2001, x 9 years @108 months = £108 (£ per month)

It clearly isn't reducing anywhere fast enough and I fail to see how an extra £6 a year will reduce this faster, it's just robbersway being greedy, tell them you will only pay £1 a month, like it or lump it, and for their cheek here is a CCA request (enclose £1 postal order) then they have to go to Halifax and get the agreement from them and send it to you, when 'if' they do scan and post it up on here, remove all ID, and others can have a look and advise as to it's enforceability.

 

Going from the year it was taken out, it is unlikely to be enforceable, meaning you will be in a much stronger position to be able to offer a F&F payment to clear the debt and restore you CRF to it's former glory, if they accept.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

[SF2010]

Thanks so much Bazooker

 

Ive been paying Robber's Way (I like that) since 06, i think! I dont know if I paid Halifax anything after default

 

Its long gone from my credit file now. Thats why I am just checking whats best to do about them.

 

When I send the CCA request if they dont have all of the docs, default, termination notice etc,

 

I intend to just stop paying my £1, but will seek advice from here first.

 

I'll be posting this off in the next couple of days.

 

All of these old debts need to be layed to rest once and for all.

 

I offered them a F&F in 06 and the buggers refused it,

 

so Im in no hurry to offer them anything now.

 

It cant be re-registered as a default, so ill follow up on getting them to show me what they do have.

 

SF

[Bazooka Boo]

You don't live in Scotland do you?

The limitation period is only 5 years for them..

 

If you live south of the border, the limitation act is 6 years so you would have had to not pay them or acknowledge any debt for that period of time for it to then become SB, but if you've been paying them since 06 I doubt this is the case.

 

A CCA request will only get you sight of the original agreement (Should do) if you require all the other docs you mentioned then you will have to part with £10 and send them a SAR.

[SF2010]

Bazooker Thanks

 

My miscalculation.

 

 

Im so desperate to end the misery of old haunting debts.

 

 

So as its not statute barred

 

 

I will await the perusal od paperwork from my SAR to Halifax. £10 paid,

 

 

If they dont have the default notice, original agreement etc, then Ill ask for more advice.

 

thanks ever so!

Edited August 17, 2010 by SF2010

[SF2010]

Just a thought,

 

 

if CCA isnt enforceable,

 

 

why would I offer a F&F settlement?

 

 

Sorry dont think Im challenging the advice,

 

 

just want to be as clued up and prepared as I can be!

 

Thanks

[Sea Gull]

Have a read on CAG about Robinson Way - you will see that name pop up often

same rules apply everything in writing and DO Not speak on the phone to them

make sure also you print your name - no signatures ok!

[unclebulgaria67]

Just a thought, if CCA isnt enforceable, why would I offer a F&F settlement? Sorry dont think Im challenging the advice, just want to be as clued up and prepared as I can be!

 

Thanks

 

The enforceability of a CCA can only be decided by a court. I doubt you would ever get anything in writing from a creditor or DCA, saying that they agree that it is unenforceable. They will argue the toss pantomine style, while harassing you for payment. It is your choice then what you want to do. Play hard ball, I'm not paying you because you don't have enforceable CCA or come to an agreement of an F&F to get shot of the debt to avoid the harassment.

[SF2010]

Thanks Uncle Bulgaria and Sea Gull I appreciate the advice!!

[SF2010]

Hi Uncle Bulgaria

 

If found that they dont have the required documents,

I will definetly go for the hard ball approach myself!

 

 

Ive been through a few months of hell with another DCA and Im putting all of those demons to rest!

 

 

The stress I have endured has been so difficult for me and my children,

I was considering selling my home to pay them and just give up as a ccj would result in not being able to get a re-mortgage

and I was already feeling the pinch without another debt.

 

 

I dont intend to continue to be emotionally toyed with,

 

 

or leave the potential for that to happen later on and cause the same upset.

 

Thanks for your support!

[Sea Gull]

SF2010 - if you do decide to get a F&F settlement - make sure you do the following ok

You want it in writing that this is a full and final settlement, and that no remainder will be passed or sold on

at anytime in the present or future.

Sometimes they will take an amount and then sell on to another company

if you get the fob off that we cant put that in writing, YES they can

[Bazooka Boo]

Have a read of this for advice on how to do a F&F correctly.

http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html

[SF2010]

Thanks again Bazooker and Sea Gull.

 

 

I will make sure I do it properly,

 

 

but will only do F&F if I absolutely have to as I really couldnt afford it right now.

 

 

Its a risk as Im only paying £1 token payments,

 

 

but its about the potential for upheaval later that im warding against.

 

SF

[SF2010]

Hi

 

Received my CCA request and £1 postal order back today from Robbers Way. A small compliment slip was attached advising that they have requested the information I require and have sent a seperate letter explaining their process.

 

No seperate letter received today, so we will see what happens. Has anyone else ever had this?

 

SF2010

[SF2010]

Can anyone tell me if I should respond to RW in anyway, or just wait the statutory time limit to expire and send account in dispute letter?

 

SAR request has been acknowledged by OC and they have until 18 Sept to comply.

[unclebulgaria67]

RW might not legally own the debt, they are just assigned to collect. The letter might just say that you have deal with the creditor that owns the debt.

 

Wait to see what the letter says.

[SF2010]

Thanks Bulgaria, I will do.

[Bazooka Boo]

Received my CCA request and £1 postal order back today from Robbers Way. A small compliment slip was attached advising that they have requested the information I require and have sent a seperate letter explaining their process.

 

As they are the gophers acting on behalf of their client, they have gone back to them and asked them for the CCA, robbersway will come out with some rubbish that it may take longer than the 12 days to supply you with the documents blah blah blah, but once they are out of time )12 working days from receipt of your request) the you can send them the 'Failed' letter and put the account in dispute.

[SF2010]

Brilliant Bazooker

 

That was what I was thinking, but Im a baby to CAG, so do like to make sure.

 

 

I suspected a delaying tactic, as there is no need to send details of their process seperately and they have taken long enough to send it back.

 

 

I will send it back as a copy for them with the dispute letter though,

 

 

so saves me a bit of ink! I have already SAR'd the OC so things will be clearer soon.

 

They will no doubt think its all down to them asking for a 50p rise in my payments from £1 to £1.50,

 

 

but actually I'm just making sure Im fully informed as 13 years is a long time ago.

 

Thanks again.

[Bazooka Boo]

I will be very very surprised if they have anything purporting to be a credit agreement after all this time, they will hopefully come back with, 'due to the age of the account the agreement cannot be found' so the ball will be back in your court, where you can either offer them a very low F&F payments, or pay nothing at all.

[jimbo45]

Hi there

it's a pity but these token payments of 1 GBP a month are really like a posioned chalice since the debt can NEVER become Statute Barred.

 

At any time these sleazebag DCA's often think they can put pressure on you to increase "payments".

 

Your best bet in dealing with Robbers Way is to CCA them and also SAR the OC to see if there have been any "irregular" charges added to this account.

 

It seems there has been a HUGE amount of activity regarding old debts lately --maybe the DCA's are realizing that the game is up and trying to cash in before the chop falls.

 

Cheers

jimbo

[SF2010]

Bazooker

 

I couldnt do anything with a F&F for now anyway. So, I have to say, no agreement, no pay. Still keeping my fingers crossed and hoping for a letter such as you have described.

 

Thanks again, as always!

[Bazooka Boo]

SF2010, it matters not if you can do a F&F now, just bear in mind that you could offer as little as 1% of the balance they are saying you owe, IF they are unable to provide any documents stating you have entered into an agreement with them...

[SF2010]

Thanks Jimbo and Bazooker

 

The thing is,

the Consumer Credit Counselling Service recommend making token payments when you dont have any disposable income,

from what I can remember, they never asked how old the debt was, they just take your figures and provide advice.

 

 

I'm not knowcking them as they were very good at getting you to focus on your priorities when you feel at your lowest.

The Debt Counsellors nerver seem to give out the kind of advice that is on CAG though and thats a shame.

Im not saying that they are wrong, but people do turn there lives upside down without even checking.

 

I was even making a £1 token payment to Vilcollections and I dont even remember what it was for and the details doesnt show on any of their old letters.

Ive CCA'd them too, but have a feeling they wont be replying as it was a very small debt and goes back several years too.

They havent contacted me in years, but Ive still paid my £1.

 

 

I have offered F&F, twice on the 2 remaining debts several years ago,

but neither accepted and I carried on paying the £1 as advised by CCCS.

No matter what they say, just keep giving them the £1, is the advice I was given.

 

After receiving the court claim from Link,

which wasnt enfroceable in the end,

I was going to start a debt management plan in order to pay Link.

I was lucky enough to come across CAG through a web search in desperation for help.

 

 

Ive learned lots and very grateful to you all for your support and assistance.

 

 

I do hope it will come to a happy end for me soon!

 

Edited August 30, 2010 by SF2010

[Old Cogger]

unfortuantly it is the culture of claims for bad advice , makes me wonder, they try to help but somewhat evasive if not in Black/White I found, incl CAB. Although some do their darndest to be helpful.