Robinson Way Statute Barred Debt?

rosa77

Hi, I'm new to this but have been reading avidly over the past few months. I got a letter a while ago from Robinson Way demanding payment for an old credit card debt from many years ago at an old address. I sent them the statute barred letter and got this one back today:

"Further to your recent communication we do not accept that the above account is time barred under the Limitation Act. Even were you to demonstrate that this is time barred the debt still legally exists and may be reported accordingly to the credit reference bureaux. We are prepared to offer you a substantial reduction to settle this account once and for all."

I've not made any payment to them for at least 8/9 years, have had no contact whatsoever from the original company I had the card with. I can't find out what to do now. Can anyone please help? Thanks.

RAS

The debt legally exists all right, just it is unenforceable in the courts.

I suggest that you report them to the OFT and to trading Standards as the OFT have already put one DCA into special measures for this sort of thing.

fermi

Report to the OFT and if you feel you need to reply, use the letter below....

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Acc/Ref No: *******************

FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman.

Thank you for your letter dated xx/xx/2008, the contents of which are noted.

On xx/xx/2008 I wrote to <Name of debt collector> regarding a debt that was alleged to be owed by myself. That letter was received and signed for on xx/xx/2008 as confirmed by Royal Mail tracking.

In this letter I pointed out the following items:

1) Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

2) The OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

3) The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

4) The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

Therefore it is clear that your original contact regarding this debt may well have been in breach of the Office of Fair Trading Guideline referred to in item (2).

Furthermore, your second letter is in breach of Office of Fair Trading Guideline referred to in item (4) and directly constitutes harassment.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

In particular the OFT has recently stated that:

The Consumer Credit Act 1974 (the Act) requires debt collectors, businesses that offer goods or services on credit and/or are involved in activities relating to credit or hire to be licensed by the OFT. Following implementation of the OFT's new powers under the Consumer Credit Act 2006 on 6 April 2008, the companies could also have specific 'requirements' imposed on them by the OFT. If such a requirement was not complied with, the business concerned could be subject to a financial penalty of up to £50,000. The OFT can also refuse or revoke a licence if it decides that a trader is not fit to hold one. The OFT can take into account any circumstances which appear to be relevant when considering the fitness of an applicant or licensee, including evidence that the company has contravened the Data Protection Act 1988.

Furthermore, that the OFT has recently enforced their guidelines by placing a legal requirement on Mackenzie Hall Ltd to cease pursuing statute barred or disputed debts.

Therefore I wish to formally notify you that unless I received confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Furthermore, any attempted contact (other than to confirm that this matter is now closed) by any:

• "trading style" of the <Name of debt collector> group
• constituent member of the <Name of debt collector> group
• a third party acting on your behalf
• a third party that claims to have been legally assigned this debt

will result in an immediate complaint to the aforementioned regulatory bodies.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt and any payment or acknowledgement that you claim within the relevant limitation period.

Furthermore, you may consider this letter a FORMAL COMPLAINT under the complaint procedures set out by the Financial Ombudsman. If you wish to correspond with myself with any other purpose than to confirm that this matter is now closed, then I require you to supply me with a written copy of your complaints procedure and a "final response" that I may forward to the Financial Ombudsman with my complaint.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse. I therefore strongly recommend that you send written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.

rog2

rosa77 wrote: »

"Further to your recent communication we do not accept that the above account is time barred under the Limitation Act. Even were you to demonstrate that this is time barred the debt still legally exists and may be reported accordingly to the credit reference bureaux. We are prepared to offer you a substantial reduction to settle this account once and for all."

Hi rosa

Firstly it is not up to you to 'demonstrate' that the 'debt' is Statute Barred - you have told Robinson way that you will not be making any payments towards the debt as it is Statute Barred. That is all that you needed to do. The onus to prove otherwise is on Robinson Way.

In continuing to pursue you for payment, Robinson Way are acting in contravention of the OFT Debt Collection Guidelines - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Section 2.14 of these guidelines clearly state:

• It is unfair to mislead debtors as to their rights and obligations, for example, falsely stating, or implying, that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and
• Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is Statute Barred could amount to harassment contrary to Section 40 (1) of the Administration of Justice Act , 1970.

You need to report Robinson Way to the OFT.

rosa77

Thanks so much for your kind replies - letter in post today back to Robinson Way, and also in process of making complaint as advised. Will let you know what happens!

towers2009

hi there i need some help on this i have debts over 6years old but just start pay it back did not know about this statute barred thing is it to late?

rog2

towers2009 wrote: »

hi there i need some help on this i have debts over 6years old but just start pay it back did not know about this statute barred thing is it to late?

Providing that a 'limitation period' of six years of six years (five in Scotland) had elapsed from the date that you had last made a payment towards, or acknowledged in writing, the debt, with the original creditor, and the time that you re-commenced 'paying it back' then the 'debts' will be 'Statute Barred'.
The fact that you have recommenced payments will not, nor can it ever, alter the legal status of the 'debt'.
So you would be well within your rights to send off the 'Statute Barred' letter - once you have informed the creditor/dca that you will not be making any further payments, as the 'debt' is Statute Barred, they must cease collection activity.

fermi

rog2 wrote: »

The fact that you have recommenced payments will not, nor can it ever, alter the legal status of the 'debt'.

Yep. It says clearly in the legislation.

"Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment."

joulesw_2

I've been having problems with these idiots for about the last 12 months, I'm really trying my hardest to pay off my debt, but a few times I have been a little late or just haven't been able to pay.

My debt was with Next Directory, I was paying off the money monthly, but after a family death and a relocation everything went a little wrong. What felt like a week was actually a couple of months, and I didn't realise I was so behind. Next sold my debt to Robinson & Way and ever since I have been living in hell.

They are one of the most nastiest "compnaies" I've had to deal with, I was totally shocked to find out they were linked to the Royal Bank of Scotland. On several ocassions I have had rows over the phone with them e.g. one month I was a week late in paying my bill, the guy on the other end of the phone refused to take my payment and said it was too late, and I'd have to wait for a soliciotrs letter!!! I hung up and redialed, I got throught to a lady who took my payment, I took the chance to complain about the guy and how I felt I was being treated. I could hear him in the background trying to defend himself. He even started screaming when I said they were nothing more than back street debt collectors.

They are one of the most abusive companies I've ever dealt with. I sent a letter dcomplaining about the guy and I made it clear that I would go to the Financial Obudsman if that abuse carried on. The same guy rang me a month late to aplogise for his actions.

What I'd really like to know is....can Martin Lewis do something to expose these evil idiots for what they really are?

I'm sure I'm not the only person to have this type of bullying.

rog2

joulesw wrote: »

What I'd really like to know is....can Martin Lewis do something to expose these evil idiots for what they really are?

He does, already, joules - through this board.

The unfortunate thing, though, is that not all of Robinson Ways' 'victims' read this board.

But we do our best.

joulesw_2

rog2 wrote: »

He does, already, joules - through this board.

The unfortunate thing, though, is that not all of Robinson Ways' 'victims' read this board.

But we do our best.

I'm glad he's doing something, I feel sometimes lucky that I have the common sense now to speak to them in the manner they speak to me. Without being rude I am very blunt and put them straight. I now find that they do generally leave me alone, if they start calling more every day I then just give them a piece of my mind and put the phone down. I am paying and will pay my debt off, I ahve always made this clear to them, but I will not be bullied by some chav.

I probably shouldn't call there staff chavs, but when complaining to one of their phone advisiors once I was told that they allow the staff to bully "clients" so they can get more money out of people. He boasted about how not everyone paid regularly like myself, so they used bullying tactics to get payments. I hate the "company" I don't understand how such a "company" can be run and classed as legal.