Robinson way / Credit card company

[Kefz]

Hi all,

 

Have a bit of an unusual (or maybe not so) situation with Robinson Way and a credit card company who have sold their debt to RW.

 

Back in 2005 the credit agreement came to an add and a default was registered. I paid off what I believed to be owed in 3 instalments, and didn't hear anything again. Around 2008/2009 time, I started getting letters from Robinson Way of the usual sentiment of 'you must pay'.

 

I denied the debt, and asked for a signed copy of the CCA. They provided a photocopy of an application form dated years previous which I was quick to point out didn't have the detail required to be an enforcable agreement under the CCA. They have since argued that 'it has all the detail we require to make a collection', but they have never risen to my areas of critique. Whenever I've also protested that the debt is statute barred, they claim they have evidence of my acknowledment of the debt (which I dispute and they have never provided any detail on).

 

Several dozen letters of the 'you must pay or go to court' variety followed, ignoring my multiple requests to stop sending me letters. In addition to the signed copy of the CCA, they also included credit card statements/balances.

 

On top of the CCA being unenforcable (and statute barred) given that the last acknowledment was 2005, 'one can view the statements and add up a total number of charges'. This number is a sizable amount, of individual value over the £12 that the OFT considered to be fair. When I put this to RW, I was told to speak to the credit card company. I sent them a letter, and this is where it gets interesting ..

 

Their response was that given that the charges occured over 6 years ago, they would be unwilling to refund them back to the account due to the charges themselves being statute barred as it occured over 6 years ago. So hang on a minute - the DCA that sold the account can pursue me for a debt (of *less* than the value of the charges) which the credit card company commits to black and white is comprised of statute barred charges/elements, how does that work?

 

Not sure if anyone has ever seen this situation, but surely this re-enforces the view that the debt is indeed statute barred? Would appreciate any view or sharing of similar experiences.

 

K

[dx100uk]

all the time!!

 

you now need to ignore them

which if truth be known

you should have done after the FIRST letter

 

the more you dangle a fish....

 

they'll think they can spoof a mug

 

by sending ever iscreasing drivel

 

dx

[Kefz]

Indeedy it's ridiculous the way they act. I'm not surprised that lesser willed people cave in You think I'm on safe ground too?

[dx100uk]

you really think they'd not gone to court in 2 mts if they had a case

 

now 4yrs later still nowt - spoofig you!

 

ignore them

 

just to prove it..check your cra file - bet the debt does not show.

 

dx

[Kefz]

You're right and it hasn't done for some time

[dx100uk]

ignore!

 

dx

[brokebutnotbeatn]

Plus you even have it in writing from the original lender that it is SB'd!