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Robinson Way / Horwich Farrelly
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twinsformysins
Posts: 15 Forumite
Hi there
Already been on here for some advise for sister re her car (im not in the ££ position to help her, but am good at finding things out and giving her advise)
OK now years ago, about 1997 she moved from halifax to Woolwich, and left an overdraft there of £600.
On and off over the last 3 years she says that Robinson Way has made contact with her, but she has never paid more than £150 off it.
Now Horwich and Horley are writing and I have read off here that its prob just a desk in Rob Ways, as the letters are so simular.
They have offered her to pay £220 then the matter is closed.
She wrote back saying that she wanted proof that Robinson Way had brought the debt from Halifax, as halifax have no record of them.
They constantly ignore this request, Horwich have just said they are acting for THEIR clinet Robs Way, but she has then said they need to get proof off Rob Way that they have the right to the repayment.
They totally ignore this, and have never sent anything.
Now they have sent a letter saying thier clinet will not allow the settlement to be delayed anymore ect ect ect
And that Rob Way have inst them to start court action.
Any advise.
She wants to ensure that if she oays them, that another company a few months up the line wont try to get the money saying they brought the debt.
i mean is it really that hard for Rob Way to show proof of buying the debt.
Why wont they do this
Can Horwich really start court proceedings when they havent complied with what she has asked "proof of purchase"
Any help advise is always appreciated.
Already been on here for some advise for sister re her car (im not in the ££ position to help her, but am good at finding things out and giving her advise)
OK now years ago, about 1997 she moved from halifax to Woolwich, and left an overdraft there of £600.
On and off over the last 3 years she says that Robinson Way has made contact with her, but she has never paid more than £150 off it.
Now Horwich and Horley are writing and I have read off here that its prob just a desk in Rob Ways, as the letters are so simular.
They have offered her to pay £220 then the matter is closed.
She wrote back saying that she wanted proof that Robinson Way had brought the debt from Halifax, as halifax have no record of them.
They constantly ignore this request, Horwich have just said they are acting for THEIR clinet Robs Way, but she has then said they need to get proof off Rob Way that they have the right to the repayment.
They totally ignore this, and have never sent anything.
Now they have sent a letter saying thier clinet will not allow the settlement to be delayed anymore ect ect ect
And that Rob Way have inst them to start court action.
Any advise.
She wants to ensure that if she oays them, that another company a few months up the line wont try to get the money saying they brought the debt.
i mean is it really that hard for Rob Way to show proof of buying the debt.
Why wont they do this
Can Horwich really start court proceedings when they havent complied with what she has asked "proof of purchase"
Any help advise is always appreciated.
0
Comments
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Was there any payment or acknowledgement of the debt by HER in writing between 1997 and when she first started recent payments?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
They can but are very unlikely to take you to court over such a small amount, they would have to provide proof at the court hearing where you can raise your defence that after numerous requests they failed to provide this evidence. The hearing can then be set aside for you to prepare a defence now you have the alleged proof of the debt.
As to what fermi is saying, since she last used (not opened) the overdraft and making a payment towards it, was this gap 6 years or greater?Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Yes since 1997 she has made a payment and had communication with them, so yes shes acknowledge them/debt.
But now wants tot be sure they have the right to it.
As before once she paid someone then years later someone else came after it?
I myself can not understand why if they brought the debt, they dont have paperwork showing this.
Wont they give this proof, maybe because it shows what they brought it for?0 -
twinsformysins wrote: »Yes since 1997 she has made a payment and had communication with them, so yes shes acknowledge them/debt.
That is not what I was asking.
Was there a period of 6 years or more where she did not make a payment or acknowledge the debt HERSELF in writing?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
No. there was not
A few times during the 6 years, either email correspondance/letter correspondance or a payment was made.0 -
So the last payment/aknowledgement in writing was 1997.
When was the 2nd payment? If it was 2004 or any period with a gap of 6 years, the debt is unenforceable and is at your discretion if you want to pay it back. But you should check if there is a 6 year gap before sending off the statute barred letter template.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
twinsformysins wrote: »No. there was not
A few times during the 6 years, either email correspondance/letter correspondance or a payment was made.
Thanks
Just try to check where this debt may have been statue barred. If it was at any point, then it still would be and Robinson Way / Horwich Farrelly could be told to "take a hike".
With these people it would be unusual.
But sounds like it isn't
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
I dont really understand this baring lark.
But I think she paid about £50 2004-2005,
So do you think they have the right to this debt, shall I advise her to come to an agreement.
When i chatted to her earlier she said at one time they sent a letter offering her to oay £220?0 -
If she has not paid or aknowledged the debt in writing for 6 years or more, she does not have to pay it back.
If she last paid in 1997, then in 2004. That is a 7 year gap and as such the debt is statute barred. If you inform the DCA a debt is statute barred they cannot presue you for the debt.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
mmmm she can not remember exactly but says that shes sure there has never been a legnth of 7 years between any contact/payment.
How does one go about finding out about status bared?0
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