robbersway letter re old santander OD debt - shall i Start repayments after 4+ years of no contact?

[Ohhimark]

Hi guys,

 

In 2015 I got myself into a pickle, I had an overdraft that just kept building up until it reached £1500.

I couldn't afford to pay it, I was  a student at the time and spent the next few years in and out of work.

So here I am in 2019 wanting to clear some of this stuff up.

 

I'm not sure exactly when I defaulted but I hadn't responded to notices from the DCA's.

However I've received a letter last week from Robison Way saying that they're deciding whether to send someone to the house and I wanted to save them the hassle by paying a monthly repayment. 

 

I'm just confused as how to start and if it's going to open a can of worms? I

don't believe I have a CCJ as my Experian/Callcredit (noddle) shows no debts but I'm going to check experian this week.

 

By me making payments will this avoid any CCJ action in the future?

 

Thanks for reading.

[dx100uk]

what are you mad...

 

a dca is not a bailiff

and has

ZERO legal powers on any debt.

 

 

[Ohhimark]

Hi there,

 

I meant I wouldn't want it to escalate to possibly getting a CCJ and I'm wondering if it's even worth responding or paying repayments just to avoid any hassle.

 

As mentioned all my credit reports are clear just waiting on Equifax. 

 

Thanks.

[dx100uk]

Full history please

a doorstepper is powerless...

 

 

[Ohhimark]

 

Hey,

 

Received a letter from Robison Way on the 14/08 for collection of Santander bank which is now £1500.

No record on any report but guessing it's on Equifax being the one I've not checked.

 

The letter says they need to contact me to discuss how to work out to find an affordable payment plan and that the account is now with the reconnection team who will begin to review my case to determine if a visit may help reconnect with them (I liked their use of a mild threat with 'reconnecting us')

-

Nothing would have been paid/written by me for at least 4 years and if it is a default it may even be older than 2015.

 

Thanks again

[dx100uk]

have you moved since you last paid this an never updated satans bank upon you new address or since its been sold to hoist?

 

dx

 

[Ohhimark]

I've now moved 4 times since the original debt, never updated Santander but always updated the Electoral Register.

[London1971]

If you don't update you're address in writing, each time you move you are playing Backdoor CCJ Roulette. I wouldn't worry about some idiot from a DCA knocking at your door, but I would write with my current address, immediately , today.

[Ohhimark]

Thank you.

I updated the electoral roll as soon as I moved to my current address.

And the DCA have been sending the letters here, so by writing my current address who would I be sending this too?

[London1971]

Whoever is sending you letters, Robinson way. There should be an address on there. Use free proof of posting available from the Post Office, make sure you keep the receipt.

 

Just need to put, your account number and name, and ' I have now changed address to xxy etc'

 

Do not under any circumstances call or email them.

[dx100uk]

can we check who robbersway state is their client please??

if its hoist then you need to write as the debt has been sold to a DCA backdoor CCJ dangers here

as you should with any other debts outstanding that you paid or last used within the last 7 yrs say.

 

just because you are on the electoral roll doesn't prevent legal action to an old address if the debts been sold on

its how DCA's get 99% of CCJ, 1st you'll know is the court bailiff at your door or refusal for credit 

[Ohhimark]

Thank you for the help.

 

I admit this is where I get a little confused, so even though they have my new address I still send them it as 'proof'

is there anything I need incase it comes back in future or is proof of postage usually enough?

 

Does this usually give them more reason to hassle you?

 

And I'm guessing because I've not acknowledged anything aside from my new address nothing has changed?

 

 It says 'HFUKH2HL' which I'm reading is Hoist. I'll get letters sent out.

 

Thank thanks once again.

[London1971]

Crazy as it sounds, a judge would see your lack of communication as evidence of you trying to avoid your debts therefore you would have no grounds to set aside any backdoor CCJ.  

 

That's why you need to keep them informed

Edited August 23, 2019 by London1971

[dx100uk]

nothing to be confused about

they don't have your new address

they've sent a phishing letter to see if you'll respond

if you don't they'll issue a letter of claim to the last address you let the original creditor know about

them 30 days later will raise a court claim and win by default.

 

 

[Ohhimark]

I'd agree, this is why I wanted to start to pay at least something to keep them from going there.

 

So it's then worth me updating my new address regardless?

But wouldn't they then send a court claim so wouldn't it be best to offer something to pay, or isn't that how they work?

 

So what would be my best move here?

 

Thank you once again

 

[dx100uk]

your best move here is to get reading up on CAG 

no don't start payments no .. you'll reset the sb date when p'haps nothing is owed at all or nothing they'd successfully litigate over.

 

bank OD debts are notoriously difficult to secure a CCJ on if defended properly as they in most cases generally consist of penalty charges for breaking some limit or other rule and the associated interest these attract, and the authorities are down on record as stating such charges are unlawful etc etc.

 

the debt buyer [hoistuk] paid about 10p=£1 for the debt bit will ofcourse chase the whole sum hoping to find a mug that pays!!

or as in your case send 1 letter to the current cra file address then be smiling when they don't get a response as they know they'll get a default backdoor CCJ for that full amount [tidy profit here -even bigger smile] because no human ever checks anything its all automictic.

 

some 750'000 CCJ's are issued every year.. 85% are successful because they are backdoor.

 

paying a dca does not stop them doing court, 

 

as this debt is not showing i'm wondering if your dates could be slightly wrong and in fact the OD was defaulted more than 6yrs ago so would now not show on your file anyway?

 

 

[Ohhimark]

Thank you.

I'm still awaiting access to Equifax, the other 2 CRA are clear then I'll be able to see some dates hopefully.

I

've been frantically reading the forum this morning and finding it all very interesting, and the amount of profit these guys make must be crazy. £1 for my debts? Dear Lord.

 

I'm sure it wouldn't have been over 6 years years yet.

 

I'll continue my reading and wait for my Equifax report.

 

But in the mean time you're saying I shouldn't make a move yet or send anything?

[dx100uk]

just type no need to hit quote.

makes a topic twice as long

 

no you must reply 

and do the same for any other debts that meet into post 11

 

all credit files are free online

not sure why you are having to wait???

 

[Ohhimark]

Ok, thanks. So send that letter mentioned above about my new address. And just having proof of postage is enough to 'hopefully' defend somewhat against any backdoor CCJ, as you put it?

 

From your experience do you usually find updating the DCA's makes them rub their hands together or do they by now know that this is done to stop them from the backdoor tactics?

 

*Equifax need to verify me before I access my files.

Edited August 23, 2019 by Ohhimark

[dx100uk]

you cant defend against a backdoor ccj..you don't know about it happening 

think about it......

 

which would you prefer...one you cant defend against

or one that MIGHT happen on a debt they will probably fail to win on....IF IF IF they ever did issue a claim....

 

don't get your logic….

[Ohhimark]

My logic was that if they decided to go for a 'backdoor CCJ' I'd have had proof I sent them a change of address. Which is what I was asking, is that receipt of postage enough if I later found out 2 months down the line by looking on Experian I had a CCJ but I did in fact inform them of an address change.

 

I'm getting the letter sorted now.

 

I'm guessing they're sending letters to the new address because it's the only way they'll make some money if I decided to pay (hopefully for them) but sneakily sending letters to the old address as a failsafe for a CCJ..

 

Cheers

Edited August 23, 2019 by Ohhimark

[dx100uk]

they cant go for a backdoor ccj once they have your new address details...

pop is good enough, you don't have to prove you sent it but yes that's what we recommend...

[Ohhimark]

Thank you once again! I'll get this done ASAP.

 

One last thing, you said it's better to be in this position when you can defend yourself. After they receive this from me shall I expect to get an onslaught of communication as I'm guessing they'll feel this is me acknowledging them somewhat?

 

/Back to reading the stickies.

[dx100uk]

no you are simply informing them [and the others id you need too]

of an address change.

 

they and any other debt/dca would now have to abide by the PAP rules

and send you a letter of claim giving 30 days.

that they might be thinking about a court claim.

you ignore everything else until/unless you get a PAP LOC

 

where as before you'd get nothing

[Ohhimark]

Brilliant, thanks. Is it ever worth saving time in the event they did want to send a claim through by asking the original creditor for the SAR? Rather than doing it within the 30 days or am I jumping the gun?