Robinson Way hassle after 8 years. old GE money debt

[sprouting]

Hi,

 

I did post on here some time ago about this problem with Robinson way but I thought it had been resolved and now I can't find the thread. I'm just abut to write to Robinson way but I need some advice/reassurance before I do so I would be ever so grateful for some!

 

Recap:

 

 

 

• Got hassled by Robinson way for years (from 2005) until I sought advise
  
• and started writing to them and told them I would only deal with them in writing etc etc in about 2010.
  

• Asked them to produce my signed credit agreement (2011)
  
• to which they replied saying they couldn't,
  
• but did send me all the other stuff requested in the SAR, everything they had.
  
• 
  
• In their letter they wrote
  
• "....we have been unable to obtain a copy of the agreement from the original creditor.
  
• Whilst this means that credit debt may unenforceable through court,
  
• it does not mean that the debt does not exist or that we are not entitled to pursue you for the amount outstanding."
  
• 
  
• This letter was dated 20/4/11 and
  
• 
  
• 4 days later I received a 'doorstep visit' but
  
• I told the guy to get lost and that I would only correspond in writing.
  

• Immediately I wrote to Rob Way and said the following:
  

Please be advised that I will onlycommunicate with you in writing.

I have noted your repeated attempts to contactme by telephone over the past year.

 

Furthermore, I received a “doorstep call” at 19.05 on 24thMarch 2011

- please be advised thatunder OFT rules,

you can only visit meat my home if you make an appointment

and I have no wish to make such anappointment with you.

 

There is only an implied license under English Common Law

for people to be ableto visit me on my property without express permission;

the postman and peopleasking for directions etc

(Armstrong v Sheppard & Short Ltd [1959] 2 QB384. per Lord Evershed M.R.).

Therefore take note that I revoke license underCommon Law for you,

or your representatives to visit me at my property

and, ifyou do so, you will be liable to damages for a tort of trespass

and action willbe taken, including but not limited to, police attendance.

 

I have written to you twice requesting a truesigned copy of the Credit Agreement

associated with the above account

alsostating that statutory notice was given on 24th March 2010 underSection 10

of the Data Protection Act to cease processing any data

in relationto this account with immediate effect.

This means you must remove allinformation regarding this account from your own internal records

and from myrecords with the credit reference agencies.

Should you refuse to comply, youmust within 21 days provide me with a detailed breakdown

of your reasoningbehind continuing to process my data, as you will see in the enclosed copies ofmy original letters.

I also never a receiveda response detailing your continued processing of my data.

I have, however, received several letters ofdemands for payment since the timescale for your compliance

had elapsed on 14thApril 2010.

 

I am familiar with the ‘Office of FairTrading Debt Collection Guidance’

which states that it is unfair to senddemands for payment to an individual when the account is in dispute.

 

I have also written to GE Money for a SubjectAccess Request,

for which they have 40 days to comply, a copy of which is alsoenclosed.

 

 

I would also point out that the OFT say under the Guidance that it is unfair topursue third parties

for payment when they are not liable.

In not ceasingcollection activity whilst investigating a reasonably queried

or disputed debtyou are using deceptive/and or unfair methods.

 

You have 7 days to acknowledge your fullunderstanding of this letter.

Otherwise I will have no option but to advise the OFT of your actions.

 

 

This is the last piece of correspondence I can find that I wrote to them,

and I have nothing else from them while I was at that address.

I moved house in February 2012 and had heard nothing.

• On 21/10/13 they wrote to me at my new address asking if I was the same person
  
• as they were writing to at my old address.
  
• 
  
• Knowing full well that this debt is over 7 years old
  
• and thought had been dealt with I put the letter to one side but was still thinking about it.
  
• 
  
• Another letter arrived dated 7/11/13 saying
  
• "we are authorised to negotiate payment of the account with you.
  
• If you fail to pay it may mean blah blah but they have said their local doorstep collection agent
  
• may visit to agree a payment plan"
  

Admittedly I have received much nastier letters from Rob way in the past

but this seems to be opening up an old can of worms and

 

my biggest fear is that someone will show up at the door when my partner is in

- he will go mental if he thinks I've got debt collectors chasing me.

 

I'm pretty sure (unless the law has changed) that they are just trying their luck

but I need to make sure no one comes snooping around here.

 

Luckily the last time he was out when the guy showed up

but I was pretty shaken up for a couple of days, until I spoke to someone on here.

 

There is a note at the foot of the letter saying that Rob way has been acquired by the Hoist Group

- are they just going through their losses before they change hands?

 

Any help with the letter I am about to write would be much appreciated!

 

Thanks very much!!!

[mr_mastiff]

If you have not payed anything or acknowledged the debt in over six years send the statute barred letter in the library.

[BRIGADIER2JCS]

[The Hoist Group is much more aggressive in it 's approach than RW and will seek to collect aged accounts.

 

Lack of the CCA does Not prevent reporting to CRAs or pursuit of payment,

but it does preclude court action.

 

When was the last payment made on this account or written acknowledgment made?

Does it appear on your CRA files now.

The Hoist group the new Owners of RW are much more agressive in their

[sprouting]

Thanks for your replies.

 

According to my records the last payment was made before 30th Sept 2005.

 

Well before I think as that was the date on the info from GE that they sold the debt to a DC agency (Viking at first I think).

 

It isn't on my credit record and I don't remember it ever being on there.

 

I haven't acknowledged any responsibility for this since the last payment was made over 8 years ago.

 

What do you mean by "much more aggressive"??

 

Are they entitled send a court order still??

 

I've already send the statute barred letter this afternoon.

 

Argh, what now?

 

Thanks!!!

[renegadeimp]

Send the SB letter. They are still allowed to chase you until you send it.

[BRIGADIER2JCS]

They will not give in until they receive a Stat Barred letter and have been known to take known to take the 'moral' stance of SB or not it still exists (an odd stance given who the boss is).

 

I hope they don't come up with the proverbial 'mystery' payment or letter or acknowledgment being made!

 

Wait and see time, did you use the CAG template SB letter?

[sprouting]

Thanks, for this.

 

Yes I used the CAG template Statute barred letter,

sent it this afternoon first class recorded.

 

If they did turn up at the door, I

'd probably look a fool calling the police,

I don't think they'd bother with a mere trespassing case when they have bigger fish to fry.

 

How long do you think it will take them to reply?

 

Every other letter I have sent had a deadline for their response on it. If they don't reply at all

I will be constantly peering out of the window!

Thank you very much for all of your help!

[renegadeimp]

You call the local police as a last resort if they refuse to go.

 

Regarding replies, often, DCA's wont reply. Theyll just sell the debt on, and 'forget' to mark it as SB and non collectable. Othertimes, they will invent a ficticious payment then when questioned, they say its an admin error.

[BRIGADIER2JCS]

Not trespass but 'Behavior likely to Cause alarm and or distress'.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?385352-DLC-threatening-to-cancel-my-repayment-plan-if-I-don-t-pay-more

 

Is this your other thread, sprouting ?

[citizenB]

If they do issue a claim, then statute barred is a complete defence.. but send the SB letter anyway !

[sprouting]

Hi Citizen B.

 

Yes it is.

That one is sorted.

 

I just wrote to them telling them to take it or leave it and they backed off

and sent me a new agreement for the same amount I was already paying.

 

Hurrah. I haven't been able to find the one about Rob way though, it was rather a long time ago...

[sprouting]

Actually I think I posted the original stuff about Rob Way when the forum was called something else and I had to change my username. I can't remember what the forum was called before..

[scousepie]

What worked for me, I was harrased for a 16 year old debt by RW, I asked for there complaints process, as they ignored my request I reported them to FOS on line.. I received a letter of apology... when FOS go on the case.

[dx100uk]

is this on your cra file?

 

see below

 

dx

[sprouting]

No it's not on my CRA file, nor do I ever remember seeing it on there.

 

Must admit I have only started to check it in the last three or four years when my finances have improved.

 

I did have a ccj on there a few years ago but it wasn't for RW,

I think it might have been an old phone bill from when I was a student.

 

I have thought about complaining to the Fos, but thought it might be a drawn out process.

 

Actually I might do that anyway,

 

I have threatened them with reporting them so many times so I'll do that

and write to them again and tell them I've reported them, good idea?

[dx100uk]

pers I think its about time you stopped letter tennis.

 

send the SB letter

 

and then nothing more

 

dx