Robinson Way Statute Barred Debt?

Bertram_2

The Debt Company
Debts_R_Us House,
Payusnow Street,
Kent,
R1 7HG

By Special Delivery

Dear Sir/Madam

Re:- Alleged Account/Reference Number 1234567890

No debt is acknowledged to you, or any other person or organisation you represent.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 s.78 (1), s.77 (1) for fixed sum credit we are entitled to receive a copy of our credit agreement on request. Your obligation also extends to providing a statement of account. We enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx which represents the fee payable under the Consumer Credit Act.

This is , you will appreciate, a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Please note, We must emphasize that the enclosed payment is the statutory fee in accordance with the consumer credit act 1974 s 77 (1) and is neither acknowledgement of nor token payment toward alleged debt . May I draw your attention to the Theft (Amendment) Act 1996 S 24(a) that would be pursued in respect to this.

Please note that We have copies of all correspondence and attached payments enclosed therein.

We look forward to hearing from you.

Yours faithfully

Mr Yule Getnowtfromme

Bertram_2

I know you have been sent your cca , but it has not been received via the terms and conditions of the consumer credit act . Merely as a voluntarily forwarded document . If you were to apply for this document by the stipulated regulations , they would still need to re supply the agreement and for you to put the account into dispute , should you need that period to buy more time to reach the 22nd Dec 09 .

Bertram_2

Even thou you have been sent an agreement that is allegedly yours , it is worthless without being requested by the provisions of the cca , you can't use this document they have sent in court . They might as well have sent you a copy of a beano comic .

Where a creditor fails – on request and upon payment of the appropriate
fee by the debtor - to provide the information required by sections 77-79
and 97 of the 1974 Act, the creditor is not entitled to enforce the
agreement whilst the default continues.

This they have not done , to all intents and purposes, you have no cca supplied .

stef_grainger

i have a problems with this company they are constanly harrassing my husband at work and telling hiss boss there a debt collection agency they have also rang my neighbour . this people were being paid through there sister company london and scottish but they stopped collecting as they wanted me to increase payments and i told them no take me to court. all i owe is 160 pounds which would have been paid now if they had continued letting me pay the reason they harras my hubby is due to my mistake on the computer the goods were purchased in his name nott mine 4 years ago to which the error was reported to the catalogue company who never changed it over my husband has wrote to them explainig this and asked for an explanation of why they are breaching data protection and bulling him he has asked for a copy of the credit agreement which he has never signed and they have said they will prosecute me for fraud i have rang the police they have told me its not fraud but civil i want to pay them but they wont accept 10 pounds a month so what do i do ???

timmmers

Is this over ?
ALL those last things are not only wrong, but are just about every illegal thing they could do.. work, other people, threats...all completely out of order and would get them in massive trouble.

The debt collectors own people have this to say about stature barred debts
http://www.csa-uk.com/csa-news/6/statute-barred-debt%E2%80%A6-to-collect-or-not-to-collect-that-is-the-question

It also hints that the time is changing from 6 years ?

t

rog2

timmmers wrote: »

The debt collectors own people have this to say about stature barred debts
http://www.csa-uk.com/csa-news/6/statute-barred-debt%E2%80%A6-to-collect-or-not-to-collect-that-is-the-question

Shock horror - they even say that some of their members won't handle 'Statute Barred Debts' for fear of retribution by the OFT. :shocked: :shocked:

My heart bleeds for them. :rolleyes:

The only important thing to emerge from any discussions about 'changing the law' is the proposal to actually reduce the Limitation Period.

ladybez

Stef, they are in breach of so many pieces of legislation it is untrue! I would report them to Trading standards and the OFT. You say they won't accept £10 per month, I bet if you end it they won't return it to you tho! There are standard letters on here to request CCA copies and also for all further communication to be in writing. They are just trying to frighten you into paying more that you can afford. Stick to your guns and keep posting.

nametaken

Oh no, I could cry I wish I'd known all this earlier.

I had Robinson way chase me for ages for a 9 year old debt and then they sent someone round my house about a year ago and I felt so intimidated I agreed to pay them £50 a month to the debt collector. Is it too late for me to now dispute the debt. All the horrible stories I have read here are true, sadly.

rog2

nametaken wrote: »

Oh no, I could cry I wish I'd known all this earlier.

I had Robinson way chase me for ages for a 9 year old debt and then they sent someone round my house about a year ago and I felt so intimidated I agreed to pay them £50 a month to the debt collector. Is it too late for me to now dispute the debt. All the horrible stories I have read here are true, sadly.

No, nt, it is NOT too late - providing that a 'Limitation Period' of six years (five in Scotland) had elapsed between your previous payment towards, or written acknowledgement of, the debt and the time that you made the agreement to pay RW, then the debt is still Statute Barred. Payments, or written acknowledgement, after the Limitation Period has elapsed will NOT alter the status of the debt.

You can, therefore, stop making any payments to these vultures, as this debt is 'legally unenforceable' which means, basically, that RW can NOT take any legal action against you.

Whilst you could, legally, request that they return any money that you have paid them, it is probably not worth the hassle.

sdsgirl

We have an agreement with the lovely people of RW for £2 per month for an old credit card debt. As per advice from CCCS our phone numbers were changed when we first got into difficulties, and all communications are to be made in writing - so we have a hard copy. Since the agreement for monthly payment was made we set up standing order from bank so it goes out on time every month so as not to give us more grief - yet RW still send letters reminding us our monthly payment is due (after we have already paid it) which we ignore. However we have just had them phone home and phone my husband at work - numbers we do not give out, we are ex-directory at home and they have not been informed about my husband employer - we are concerned now as to how they got these details and whether they are now going to start turning up at work harrassing him. Any advice pls? Having read this we are going to write and ask for copy of the CCA see if we can get them that way but not sure what else to do as we are in a complete state of shock as to how they have got their information