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  • FIRST POST
    • Danfortesque2
    • By Danfortesque2 20th Aug 17, 4:02 PM
    • 10Posts
    • 2Thanks
    Danfortesque2
    Robinson Way trouble
    • #1
    • 20th Aug 17, 4:02 PM
    Robinson Way trouble 20th Aug 17 at 4:02 PM
    Good afternoon!

    I am having some trouble, I was wondering if anyone could offer some advice.

    RW contacted me informing me of a debt I had no recollection of. I sent them a letter informing them of the proper practice of having to inform me of the origins and details of the debt in question. They provided details of which I was reminded that I do indeed owe this money.

    They did not provide any other information apart from the bank (the debt is from a defaulted overdraft) and the time it was defaulted.

    Since that letter I have sent an email offering an amount as full and final settlement... but they are just ignoring me. Whenever I contact them they will not communicate anything apart from asking for my personal details (of which they will not be getting!)

    What do I do? I plan to send the F+F letter by recorded post this week, but I am worried they are just going to act dubiously based on their current behaviour.

    Any ideas on what to do? Thanks for any advice!
Page 1
    • Danfortesque2
    • By Danfortesque2 20th Aug 17, 4:10 PM
    • 10 Posts
    • 2 Thanks
    Danfortesque2
    • #2
    • 20th Aug 17, 4:10 PM
    • #2
    • 20th Aug 17, 4:10 PM
    Also the "proof" that they sent was a typed letter by RW. It was not my original overdraft agreement in print, does this change things? Are they trying to dupe me?
    • sourcrates
    • By sourcrates 20th Aug 17, 4:33 PM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    • #3
    • 20th Aug 17, 4:33 PM
    • #3
    • 20th Aug 17, 4:33 PM
    Hi,

    They won't acknowledge you in an email as email is not secure, anything to do with debt matters should be addressed in writing.

    To make a settlement offer you should put it in writing using the national debtline template letter available here :

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

    You do not sign an agreement for an overdraught, so no it doesn't change anything.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Danfortesque2
    • By Danfortesque2 20th Aug 17, 4:45 PM
    • 10 Posts
    • 2 Thanks
    Danfortesque2
    • #4
    • 20th Aug 17, 4:45 PM
    • #4
    • 20th Aug 17, 4:45 PM
    That's great, thank you! I am not too up to speed on how to go about this!
    • fatbelly
    • By fatbelly 20th Aug 17, 5:46 PM
    • 11,515 Posts
    • 8,648 Thanks
    fatbelly
    • #5
    • 20th Aug 17, 5:46 PM
    • #5
    • 20th Aug 17, 5:46 PM
    Good afternoon!

    I am having some trouble, I was wondering if anyone could offer some advice.

    RW contacted me informing me of a debt I had no recollection of. I sent them a letter informing them of the proper practice of having to inform me of the origins and details of the debt in question. They provided details of which I was reminded that I do indeed owe this money.

    They did not provide any other information apart from the bank (the debt is from a defaulted overdraft) and the time it was defaulted.
    Originally posted by Danfortesque2
    That default date wasn't more than six years ago, was it?
    • Danfortesque2
    • By Danfortesque2 20th Aug 17, 6:45 PM
    • 10 Posts
    • 2 Thanks
    Danfortesque2
    • #6
    • 20th Aug 17, 6:45 PM
    • #6
    • 20th Aug 17, 6:45 PM
    That default date wasn't more than six years ago, was it?
    Originally posted by fatbelly
    Just under six years yes, pretty bad timing.
    • fatbelly
    • By fatbelly 20th Aug 17, 7:29 PM
    • 11,515 Posts
    • 8,648 Thanks
    fatbelly
    • #7
    • 20th Aug 17, 7:29 PM
    • #7
    • 20th Aug 17, 7:29 PM
    The National Debtline standard letter doesn't acknowledge the debt - it's headed 'without prejudice' so can't be used in court proceedings.

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx

    The clock is still ticking.

    They either need to accept your offer or start a court claim.
    • Danfortesque2
    • By Danfortesque2 21st Aug 17, 3:39 PM
    • 10 Posts
    • 2 Thanks
    Danfortesque2
    • #8
    • 21st Aug 17, 3:39 PM
    • #8
    • 21st Aug 17, 3:39 PM
    The National Debtline standard letter doesn't acknowledge the debt - it's headed 'without prejudice' so can't be used in court proceedings.


    The clock is still ticking.

    They either need to accept your offer or start a court claim.
    Originally posted by fatbelly
    Thank you! Yes, I do hope they accept, if anything just to stop the customary repeated phone calls from companies other than the DCA. Since being in contact with them I've been getting calls from unknown numbers, calls from different companies in the area of the DCA and even calls from Danish numbers!

    Would DCAs usually go for court claims for around the amount of £500? I am prepared to cooperate if I am liable for the debt.
    • sourcrates
    • By sourcrates 21st Aug 17, 3:59 PM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    • #9
    • 21st Aug 17, 3:59 PM
    • #9
    • 21st Aug 17, 3:59 PM
    Been known to go to court for less than £200 on occasion.

    No way of knowing what they will do.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • patman99
    • By patman99 21st Aug 17, 9:24 PM
    • 8,084 Posts
    • 9,504 Thanks
    patman99
    Keep communicating with them until the 6-year deadline has passed, then tell them it is now statute barred.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £494.94/ £1000 (that's 49.49%)

    3-6 month EF £240.61/£3600 (that's 4 days worth)

    Do you/your spouse earn less than £197 p/w ?. Fill-in Form R85 and get your Bank interest Tax free.
    • Danfortesque2
    • By Danfortesque2 12th Sep 17, 2:31 PM
    • 10 Posts
    • 2 Thanks
    Danfortesque2
    Hi!

    After sending them the F+F letter I have been sent a letter by RobWay asking for the amount that is able to be raised and where it is coming from (both addressed in the F+F letter) and a full breakdown of my monthly income and expenditure and when the funds would be available.

    This is ringing alarm bells as everything but the income and outgoings have already been addressed in a signed for delivery (will be sending any more correspondence on full recorded delivery from now on!)

    ...but the biggest alarm bell was rung when at the bottom of the letter, in reference to my offer of £200 they said:

    "On receipt of this information we will review your offer and respond to you promptly. Please note that if you pay your account by way of a reduced settlement, where your account is recorded on your credit file, this will be updated as partially settled with a zero balance outstanding and not as settled or satisfied. You can either send the details to the address above or email us at <shamefulscammers>@Robway.com" (email address adjusted to reflect facts!)

    Clearly I can see this is a transparent attempt to hold my account as open (and probably add charges and sell the "debt" on)

    Do you know what I should do? I would obviously like to settle F+F with them but they clearly do not want to play ball. I don't want to let them pull this fast one, but if worst comes to worst I will have to pay the amount bit by bit. How do I tell them to naff off with this nonsense and let me pay them an amount per month? I may be able to pay the full amount with no reductions in a couple of months, which I would prefer not to do, but if this gets rid of them..
    • sourcrates
    • By sourcrates 12th Sep 17, 2:45 PM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    Hi,

    No that's standard wording.

    As long as you get them to confirm in writing that the account will be closed and neither they nor there agents will pursue the balance, that will suffice.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Danfortesque2
    • By Danfortesque2 12th Sep 17, 3:08 PM
    • 10 Posts
    • 2 Thanks
    Danfortesque2
    Hi! thanks for your reply!

    I was really worried that they would add a charge to it after the fact and pursue me for it

    So what should I send back? Should I send the following (obviously once I have received the confirmation):

    -Amount able to be raised (£200, should I keep it at this amount or raise it slightly?)
    -where the funds are coming from (a relative)
    -a full breakdown of monthly income and outgoings (they have sent me a massive form with everything on it, including non essential expenditure, I should only send over the details for essentials such as rent/utilities etc.?)
    - a breakdown of any other creditors and the amounts owed to them (I don't need to do this, right? This seems like I would just be providing them information that they shouldnt be given.)
    -when the funds are available

    I am very worried that agreeing to pay them despite them saying the account isn't settled or satisfied. If there is a zero balance then wouldn't that mean it IS settled and satisfied? I am worried they will trick me into a really difficult situation.

    Thanks for your advice!
    • sourcrates
    • By sourcrates 12th Sep 17, 4:30 PM
    • 12,413 Posts
    • 11,817 Thanks
    sourcrates
    If a relative is providing the cash, just tell them that, don't bother with there forms.

    It's up to you what you offer, they can't add anything more to the debt.

    National Debtline has a really good template letter for making these full and final offers on there website, look under "sample letters".
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 12th Sep 17, 5:05 PM
    • 11,515 Posts
    • 8,648 Thanks
    fatbelly
    I agree with that.

    The only time I would send an income/expenditure statement with an offer is when your situation is so hopeless there's nowhere for them to go with it, i.e.

    rent not mortgage
    benefits not earnings
    no surplus income
    • Danfortesque2
    • By Danfortesque2 12th Sep 17, 6:00 PM
    • 10 Posts
    • 2 Thanks
    Danfortesque2
    I agree with that.

    The only time I would send an income/expenditure statement with an offer is when your situation is so hopeless there's nowhere for them to go with it, i.e.

    rent not mortgage
    benefits not earnings
    no surplus income
    Originally posted by fatbelly
    If a relative is providing the cash, just tell them that, don't bother with there forms.

    It's up to you what you offer, they can't add anything more to the debt.

    National Debtline has a really good template letter for making these full and final offers on there website, look under "sample letters".
    Originally posted by sourcrates

    Hey! sorry I think I didn't reply, hope this is a correct reply! (useless on forum formatting/etiquette!)

    Thank you both!

    So as long as they do not reject the F+F offer I can just send them a letter asking again for written confirmation that they will not pursue the debt (as well as any other affiliated agents or companies) and that the account will be closed?

    I have sent a F+F letter to them offering £200 and able to pay it within a week of receiving the acceptance letter (which is when they sent the above letter detailing that the account will not be "satisfied") so should I send the same F+F letter again and reiterate that I can pay once they send confirmation that the account will be closed or should I just send another letter simply saying "please can you confirm in writing that my account will be closed and no agent of RW or any other affiliated agent or company will pursue the debt upon payment of £200 as stated in the F+F letter" obviously won't be worded exactly like that but just ad-libbing!

    To boil it down, should I resend the F+F letter and emphasise them sending written confirmation that they accept? Or just send a short letter asking them to confirm my already sent F+F letter?

    Thanks
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