Hi, would like some help re Robinson Way and Statur Barred Please

[CALLYX]

Hi

 

I had an account with Next that I couldn't pay some years ago, then I started getting letters from Robinson Way regarding this debt, been a long term lurker on here, I sent them the CCA letter, they have never produced a CCA or Statements.

 

I keep an eye on my credit file and the Next Debt dropped off in January this year, it showed I had defaulted in December 1996 so a week or so ago I sent the statue barred letter I found posted on here.

 

Could anybody help regarding their reply please

 

Dear Mrs xxxx

 

Further to your recent communication we do not accept that the above account is time barred under the limitation act.

 

Even were you to demonstrate that this debt is time barred, the debt still legally exists and may be reported accordingly to the credit reference bureaux, as appropriate.

 

We are prepared, however, to offer you a substantial reduction to settle this account once and for all. Should you be interested in taking up this option, please telephone us on the above number.

 

Now I'm a tiny bit worried I have jumped the gun a bit so any help, advise, whatever would be great.

[ims21]

Hi

 

It is likely to be SB as you say but are you able to say when exactly your last payment was on this account?

 

ims

[padja]

Of course they wont accept its statute barred otherwise they admit they cant chase you for the money, if it wasn't statute barred why offer the substantial reduction??? They know its unenforceable they are clutching at straws with threats I would just keep the letter, and ignore Robbers Way, its dropped off credit file so it is statute barred they know they have unenforceable debt and need the cash. I would ignore them personally and certainly dont ring them about their kind offer. Be brave

[CALLYX]

If I remeber it was two or three months before they defaulted me so prob September/October 1996, maybe a bit before? Can't tell exactly as it is longer on my credit report. Should have taken a bit more notice I suppose. Sorry

[ims21]

Well if it is that long ago and no written acknowledgement has been made in a clear period of six years then it is SB.

 

You should write to them and tell them that it is SB and that no payment will be forthcoming. Once they have been told this they must stop chasing under OFT guidelines.

 

Are you in Scotland or elsewhere?

 

ims

[CALLYX]

Thank you Padja, I've ignored them for so long, letters just sent back and forth, no response to my request for a CCA or anything else, just used to get a letter about once every two months or so. I honestly thought they have taken me to court before now. I won't speak to them, that is one thing I have learnt from being a lurker lol

[ims21]

The other thing is to completely ignore them

 

SB is an absolute defence

 

ims

[CALLYX]

Well if it is that long ago and no written acknowledgement has been made in a clear period of six years then it is SB.

 

You should write to them and tell them that it is SB and that no payment will be forthcoming. Once they have been told this they must stop chasing under OFT guidelines.

 

Are you in Scotland or elsewhere?

 

ims

 

 

Yes ims it is that long ago or maybe even longer, so I just should write what you say and leave it at that. If they continue to write should I report them?

No I am not in Scotland, just sunny North Yorkshire

Thank you for taking the time to reply

[ims21]

Well if it were me I'd ignore them and see what their next move is.

 

By the way, although the debt legally exists it cannot be enforced in court so as long as the SB criterial are fulfilled there is nothing they can do to you.

 

The only reason I asked about Scotland is that the law is different in that the debt is extinguished after 5 years.

 

ims

[CALLYX]

Well if it is that long ago and no written acknowledgement has been made in a clear period of six years then it is SB.

 

You should write to them and tell them that it is SB and that no payment will be forthcoming. Once they have been told this they must stop chasing under OFT guidelines.

 

Are you in Scotland or elsewhere?

 

ims

 

I have sent the SB letter which I think says what you say I should say and I have noticed in this letter they haven't made any threats or directly asked for payment

[ims21]

Ignore them then

 

They really have nowhere to go if it SB

 

Carry on with nicer things

 

ims

[CALLYX]

Thank you very much to the two of you for your help. I may stick around.

Now to a bowl of ice cream with strawberry sauce/

 

Goodnight

[cerberusalert]

Even were you to demonstrate that this debt is time barred, the debt still legally exists and may be reported accordingly to the credit reference bureaux, as appropriate.

 

Besides the fact you don't have to demonstrate that the alleged debt is Statute Barred, the onus is on them to prove that it isn't, they cannot record it on your credit file.

 

That letter warrants a complaint to Trading Standards.

[brokebutnotbeatn]

Yes. Complain and keep an eye on your credit file.

[CALLYX]

Hello again

 

I have received another letter regarding this debt, it states "that before Court Action is considered we may arrange for a local collector to call at your address" and "Your account may be sent to our local collector in 10 days time"

 

It gives me an option to call them to agree an affordable repayment plan.

 

I am now going to report them, but as my complaint may not be looked into straight away, I would like to reply to this letter asking them to prove it is NOT statue barred, does anybody have an idea of what to write so I do not look stupid. I just want this situation closed.

 

Thank you for any help

[cerberusalert]

You've sent the Statute Barred letter & they've ignored it and continued to pursue without proving it's not SB which is against OFT guidelines. Ignore them but you should complain to Trading Standards via; http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

[padja]

yes complain to trading standards you've done your bit, all this letter is trying to do is to get a response so they can carry on with the threat-o-grams, once they realise you wont be responding they will stop bothering you.

[asm76]

If they've been told it's SB and you won't be paying, and they are still threatening you, then definitely complain. I highly doubt they will send a doorstep collector, if they do just tell them to go away. They have no rights and there's no requirement to speak to them. Robbingscum Way are just threatening you in the hop you'll crack. Complain about them to Trading Standards, OFT and FOS, then carry on ignoring their efforts to bully you into paying. They'd be idiotic to try and take you to court, but if they do the SB status is a complete defense and it'll be thrown out in your favour.

[panther12]

Yes deffo report them, you’ve already informed them it’s SB. They cannot use the threat of court or enforcement action on a debt they know to be SB.