Robinsons Way [HPH2 ltd]- fake payment - old Cap1 debt - help

[reverof]

Hi all,

 

After hearing nothing for sometime, noticed

 

I received a letter (attached) for a Statute Barred debt from over 7 years ago from Robinson way saying

"Thank you for your payment, which leaves the balance as stated above.

We have agreed with you to pay your account by installments."

 

This has amazed me as I have not spoken to anyone let alone made ANY payment to them.

 

How do I go about making sure they are not trying to set me up ,

 

do i send the Statute Barred letter to data controller or do I need to adjust it

and add something in to request the alleged payment information (bank account etc)

 

Also noticed at bottom it says its gone to Hoist Group and Robinson Way are managing account ,

maybe Hoist Group have lied and said they agreed/spoke to me ?

 

This is totally fake and I would not/will not ring them ever so wanted to make sure I send the right letter to them.

This cant be legal surely for them to make up an agreement?

 

Thanks again in advance for all your help.

Edited July 18, 2014 by reverof

[letsgetitsorted]

Write to them,

do not phone,

ask when and what time the payment was made,

who made the payment,

how the payment was made and

where the payment was made.

 

 

it will be interesting to see what they come back with. send by recorded so that you can see they have received it.

 

if you can upload the letter in pdf format, the image is too small to read.

[reverof]

Thank you for your reply ,

 

Yes I would/have never phoned them as do not trust any of them.

 

 

I can draw up a letter asking those questions ans put the line about not acknowledging the debt

however do you think it would be best to combine with the statute barred letter to data controller,

requesting them to cease action on the SB debt etc ?

 

Kills 2 birds with 1 stone or should I firstly ask about payment details as you said?

 

Thanks again

[reverof]

Have added the letter as PDF as requested so you can all see it thanks

[letsgetitsorted]

i would just remind them that the account/debt is status barred, include the line about not acknowledging the debt, and also ask for evidence/proof of the payment

 

that should hopefully do it

[reverof]

Thank you , I am attaching another letter came around same-time from Hoist , shows 2 payments made within the same month - who on earth would do that ?!

 

Will get letter sent out and clearly state I do not acknowledge debt and its SB. Plus will include a section on alleged payments made and again state that I am concerned as it is potential fraud.

 

Ill send it to both Robinson and Hoist as on the letters it shows 2 different addresses , Manchester and Jersey in small print at bottom for Hoist.

 

Thanks again for the help will update if/when I hear back.

[reverof]

Letters about SB and proof for rogue payments, have been sent to both Robinson Way and Hoist, have kept record of it all and sent tracked so hopefully they should stop their bogus claims.

 

Will update when/if I hear back and hope if anyone else gets anything like this this thread helps them too.

 

Thanks for all your help

[letsgetitsorted]

no worries just keep us updated

[dx100uk]

HPH2, hoist & robbers are all the same company

 

 

was this an overseas capital one card?

 

dx

[reverof]

Hi Dxt

 

Nope UK card from years ago approx £2k total.

 

Im guessing they have made up a fake claim so they can say I agreed to pay back and then did not .

 

The 2 payments on the Hoist letter I attached 2nd show that I made 2 payments in the same month May 2014 ?

 

Never spoke with them and never made any offers/payments.

 

If I ever have to I would only do it in writing and why on earth would I pay twice in same month

= definatly a total lie, maybe to get me to ring in then they can say I agreed over phone or something.

 

Yeah noticed they have same address at top of letters,

however Hoist have a Jersey address and different company number so sent them both the same letter today

 

Will update when/if I hear back and thanks again for the help

[Conniff]

Once statute barred, it cannot become live again even if it was you who made a payment. You cannot claim payments back however, but they cannot 'un' statute bar it.

 

 

Have you checked your bank accounts etc to make sure they haven't taken it somehow ?

[reverof]

Hi Conniff

 

Just checked now just in-case and there is nothing there on those dates they mention on letter 2 form Hoist. Have checked both my accounts and nothing mentioned so its totally made up. Must be a new tactic to get people to call in ?

[Conniff]

It's not new, it's usually with just a pound, there are a lot of reports in the forums of them, (and others), trying it on.

 

As it is statute barred, send them the letter saying it is barred and you will not be paying and they must leave you alone.

You don't have to send the letter, but they will probably continue to bug you if you don't.

Edited July 18, 2014 by Conniff
corrected typo

[reverof]

Thanks for the advice, have sent letters to both addresses saying statue barred ( thanks to BRIGADIER2JCS from 2 years ago who helped with template for SB letter previously)

 

I added in a part saying they need to provide the proof letsgetitsorted mentioned : time, location, method and who made the alleged payments as I have never agreed to repayment plan or made a payment on a debt i do not acknowledge.

 

Thanks again for the help and will update if/when I hear from them

[Hardupnotfedup]

Are you absolutely sure it is statute barred, they may be fishing.

[Conniff]

Are you absolutely sure it is statute barred, they may be fishing.

 

I didn't ask because it says 7 years, but it is a very pertinent question also, are you sure these are your accounts ?

[reverof]

Hi there

 

Yes absolutely statue barred as default dropped off credit file around 1-2 years ago making them at least 7-8 year old

 

Thanks

[reverof]

UPDATE : 28th July

 

Well I have had a response and I am gobsmacked!

 

They say that an "authorized representative" for me made payment to them and therefore the debt is not statue barred !

 

They then say they have attached a statement that shows payments totaling approx £100 and all the lines on the statement say they are "Cash Paid To Us" , all payments are this year and the real obvious lie is that they claim the last payment made was on the 22nd July 2014 - this is the day AFTER they received my Letter

 

I am totally amazed they are trying to say its not statue barred and now lieing totally about payments , no reference numbers nothing just "Cash Paid to US"

 

Any help is appreciated how do I make sure they stop this fraudulent claims ? What letter/action should I take next ?

 

Thanks for any help in advance

Edited July 28, 2014 by reverof

[Stigman]

Write back to Robbers Way...

 

You need to fully pin them down, who was this "Authorised Representative"?

 

If this person is authorised you need to see documentation giving your explicit approval that this person can act on your behalf.

 

You need full copies of all paying in slips so you can hopefully see either a name, dates so that the payments match, at what Bank Branch & Where the paying in location is?

 

Stigman

[reverof]

Thanks Stigman,

 

There was no representative and why would anyone pay cash? - so basically I just write back telling them to show further proof of payments and who the representative is, where paid in and copies of slips etc ??

 

Or is it best to tell them to go away with a letter stating that I have no representatives and noone is/has ever been authorized to act on my behalf relating to any financial issues ever - also I can highlight the debt is statute barred still (as Conniff mentioned still SB can not be un-statute barred after 6 years) and they should cease activity on it etc

 

Want to make sure I am not saying wrong things as they are very dodgy , still can not believe the cheek - even adding another payment the day AFTER my SB/prove payments letter arrived with them !

[renegadeimp]

Make sure you tell them that you are issuing formal complaints to fos and fca. And that you will be taking legal advice.

 

I bet theyll either try one last attempt at lying or theyll say it was an admin error. If the latter you can call them out on it as theyve made it pretty obvious it isn't an error.

[BRIGADIER2JCS]

Thanks Stigman,

 

There was no representative and why would anyone pay cash? - so basically I just write back telling them to show further proof of payments and who the representative is, where paid in and copies of slips etc ??

 

Or is it best to tell them to go away with a letter stating that I have no representatives and noone is/has ever been authorized to act on my behalf relating to any financial issues ever - also I can highlight the debt is statute barred still (as Conniff mentioned still SB can not be un-statute barred after 6 years) and they should cease activity on it etc

 

Want to make sure I am not saying wrong things as they are very dodgy , still can not believe the cheek - even adding another payment the day AFTER my SB/prove payments letter arrived with them !

 

 

 

Good morning Rev,

 

 

Responding to your PM.

 

 

RW or Hoist now run by Najib Nathoo ex 1st Credit so it's him who needs tackling here.

 

 

So:

Mr Najib Nathoo,

CEO Hoist Finance

Carolina Way

Quays Reach

Salford

Manchester

M50 2ZY

 

 

Date:

 

 

Ref: Use theirs:

 

 

Re: Formal Complaint:

 

 

Unauthorised Payments:

 

 

Dear Mr Nathoo,

 

 

I refer you to recent correspondence between Robinson Way and myself in regard to Statute Barred Debt allegedly arising from an account with xxxxxx in the sum of £ xxx.xx.

I have enclosed copies of all correspondence for clarity and the avoidance of any misunderstanding.

 

 

Please take note of the following points.

 

 

1. This alleged debt is statute barred and I will not make any payments now or in the future.

2. Robinson Way has claimed that an " Authorised Representative" has made a series of payments in regard to the alleged debt, the last on being made on xx.xx.xxxx.

3. I have not at any time authorised and such payments to be made by any 3rd party and have had no knowledge of the alleged payments until I received Robinsons Way's letter dated xx.xx.xxxx.

4. The alleged payments are totally refuted and are clearly false, any responsibility for the alleged payments is denied.

5. Robinson Way WILL now disclose the identity of the alleged authorised person.

6. Robinson Way WILL now provide me with a copy of the alleged authorisation document which must of course have my signature.

 

 

I require Robinson Way a company for which you are responsible as CEO to respond in full to this complaint. I am aware that a Formal Complaint allows Robinson way 56 days to investigate and respond, but due to the seriousness of this matter a prompt and complete reply is expected.

 

 

I reserve the right to make complaints to all relevant regulatory bodies regarding the conduct of Robinson Way and its fitness to hold a Consumer Credit Licence.

 

 

Add/Amend/Edit as required.

 

 

Send by signed for post, check delivery date:

 

 

Brig.

Edited July 29, 2014 by caro

[reverof]

Thank you so much for your help renegade imp and of course brigadier - really really appreciated

 

Amazing advice and I hope anyone else that gets anything like me will be helped by my experiences too

 

Will get this sent off and update here if/when I hear back

[Conniff]

Whoever paid in these amounts must have been given a receipt. As the person paying in is your 'authorised' agent, ask for a copy of those receipts.

 

 

Will they say the didn't give receipts.

[spamheed]

Do they have a payment counter?

Do you live in the same part of the country as the address on their letter? if not, how far would you have needed to travel to make such a cash payment?

How would you actually pay these "people" cash?