Robinson Way chasing cat debt

[johealey]

Approx 8 years ago I had an account with Kays Catalogue.

 

I managed to get rid of Robinson Way about 2 years ago and they have started up again. I have sent them the DO NOT ACKNOWLEDGE letter and they just ignore it and keep sending the same letter to me.

 

I have since found out that I defaulted on this account in 2005 and they have placed a Default on my credit file at my current address, given that I never lived at this address in 2005 can they do this?

 

How do I go about getting this removed as the debt is well over 6 years old and SB

 

Thanks

[miss muppet]

Hi Jo, as you say the default is dated 2005 when did you make the last payment because if it was 2005 its not statute barred. Did you ever CCA Robbersway? Almost certainly they won't have an agreement - you probably know the drill already, £1. postal order, don't sign and send recorded delivery.

 

Also did you get a written default notice from Robbersway, it should be in the original creditor's name. You could also SAR Kays £10 postal order and same as above.

[harrassed senior]

Hi, The credit files will nearly always show your history at your present address, unfortunately these records are all linked, and it is not something you can fight.

 

Has there been a period of 6 years (5 in Scotland) that no payments or acknowledgements to this alleged debt have been made. If so, then it will be statute barred and you should send the appropriate letter. However, having said that, you say that the account defaulted in 2005. Is this with Kays or RW? If this is the case, then it will not become SB unti sometime in 2011.

 

If this is not so, then as suggested above a CCA request would be the way to go.

[johealey]

Hi Jo, as you say the default is dated 2005 when did you make the last payment because if it was 2005 its not statute barred. Did you ever CCA Robbersway? Almost certainly they won't have an agreement - you probably know the drill already, £1. postal order, don't sign and send recorded delivery.

 

Also did you get a written default notice from Robbersway, it should be in the original creditor's name. You could also SAR Kays £10 postal order and same as above.

 

Hiya, thanks for your reply. To be honest I cannot remember the last time I paid any monies to this account as it doesnt show on my credit file, it only shows the Default stampe in March 2005, which by my reckoning next year will disappear. I am assuming that I am around the 6 year mark for them to have issued a Default in approx 6 months time so would say around 2004 the last payment was made, but as I say I do not know this without delving into this much deeper.

 

Yes I asked for the CCA the last time they chased me and surpringsly enough they didnt have one. If I recall they referred the account back to Kays and I didnt hear anything until recently. I would need to trawl through the file for exact clarification though.

 

I certainly have never received a written Default Notice from Robbersway and I am not 100% sure I ever received one from Kays.

 

Is there a letter or anything I can send them? Perhaps a SB letter to see what would then happen maybe or shall I just send another do not acknowlege letter?

 

Thanks

[johealey]

Hi, The credit files will nearly always show your history at your present address, unfortunately these records are all linked, and it is not something you can fight.

 

Has there been a period of 6 years (5 in Scotland) that no payments or acknowledgements to this alleged debt have been made. If so, then it will be statute barred and you should send the appropriate letter. However, having said that, you say that the account defaulted in 2005. Is this with Kays or RW? If this is the case, then it will not become SB unti sometime in 2011.

 

If this is not so, then as suggested above a CCA request would be the way to go.

 

Hi thanks for your reply. I would need to look into this further to find out when the last payment was made, but I "think" I have either just passed or am about to pass the 6 years when no payment or acknowledgement to this debt has been made

 

Can I assume this Default, even though its over 5 years ago, will have an effect on my file? The Default was placed on my account in March 2005 and has only recently been put on my credit report so will go in March 2011 I take it?

 

Its RW that has put the Default on my credit file not Kays, does this make a difference?

 

Thanks

[jimbo45]

Hi all

Why are people so obsessed with Credit Files --honestly these days the ONLY way to manage credit IS NOT TO HAVE ANY so all the CRA's can go and Foxtrot Oscar too.

 

If you've defaulted on a debt (I'm not getting involved here whether this is WRONG or RIGHT) surely you OUGHT to think very seriously before thinking about using Credit again.

 

Now that said Robbersway are total **** and if you CAN get them off your back with invalid CCA or whatever the that's great.

 

You also say they've got a default on current property -- do you mean a charging Order -- I doub't if they have done this as first they would need a CCJ and then this CCJ would have to be defaulted on --and even then it's a longish process before they can get a Final charging order.

 

Cheers

jimbo

[johealey]

Hi Jimbo, no the Default just shows at my current address on my credit file.

 

Its dated Feb 2005 so assume this will come off in Feb 2011 anyway?

[cerberusalert]

Its dated Feb 2005 so assume this will come off in Feb 2011 anyway?

Yes.

 

According to guidelines a default should be placed within a reasonable period from when the a/c became delinquent (six months) not three years later, see;ICO Filing Defaults - version_v3 doc.pdf

 

You could force them to remove it but as it's due to fall off in Feb it probably isn't worth the hassle now.