Robinson Way Statute Barred Debt?

yorkshiregirl77

Hi, well where do I start. I got lumbered with debt from an ex partner five years ago and because they could not get money from him they came for me. the debt was a joint account with Lloyds. anyway I took responsabilty and started paying. then about a year ago the debt got sold to Robinson Way and I have been bullied non stop. I have made regually made payments and I am not behind, yet every month I get regular phonecalls to remind me to make payments. I have alos had letters telling me that I have made agreements with them to pay more when I have not, and recently I have been told that if I dont increase my payments then I will be in default and the baliffs will pay a visit.
so what I want to know is can they do that, if I am honoring my original agreement.

toffeecoated

I have been hearing a lot about this statute barred recently. It would be really helpful if someone could explain this. The way i see it is any debt with the exception of money owed to the government becomes statute barred after 6 years meaning thhe debt still exists but there is nothing they can do about it. Can someone please confirm this. To answer the original post, anyone who offers a discount as an incentive to pay seems to be acting out of desperation in an attempt to get something when they know they have no chance of recovering the debt.


Footnote:- I don't owe anything myself, just curious

ladybez

Yorkshiregirl77, Somewhere on this site is a template letter requiring all future correspondence to be in writing and to have your telephone no. removed from their records, sorry complete technophobe and unable to post links!!. It goes on to "advise " the comapany that failure to comply will result in you contacting OFT/trading standards. Probably some helpful person will supply the link. They cannot send a bailiff without first obtaining a county court judgement and then you failing to comply with its terms. Anyone turning up before this will probably be a Debt Collector, who has less rights than the postman!! There is also a template letter to rescind their right to be on your property, without an appointment (which obviously you would not give!!). These are scare tactics, you can only pay what you can afford to pay.

ladybez

Toffee, as I understand it for Money loaned under a consumer credit agreement, if there is a period of 6 years where neither a payment is made nor the debt acknowledged then, although it still exists, it cannot be enforced. There are some exceptions to this, such as where a company has obtained a CCJ agsinst the borrower, or it is a mortgage, others with more knowledge will be along shortly.

lofty9

Just had a homevisit from an agent of RW over a debt passed onto them whilst I had changed bank accounts and paid the amount the next month. Anyhow, I have complained to the financial ombudsman about the handling of the account (and why it was handed over) and received a letter from RW that the account is temporarily suspended as it is being disputed.

The monies owed now are only late fees. The original amounts were paid in full and then some.

Anyhow, I welcomed the agent into my home as I genuinely hadn't a clue why he was calling. When he told me I showed him the letters from the Ombudsman, he then attempted to bully me and and he left saying that he had recorded the conversation on his phone (which was in his hand the entire time). He did this without my permission. Nasty individuals who I'll be making a further complaint about.

NorthernLas

The attached link is to a section on bailiffs and debt collectors and the differences between. It also has letters that you can send to stop debt collectors coming to your door and harrasing you by telephone etc. as well as a 'prove it' letter if you know nothing of the debt.

http://forums.moneysavingexpert.com/showthread.html?t=1837507

Docs

Now then

I just recieved a letter from Robinson Way asking to confirm if I ever lived at a given address (the address they were aking if I'd lived at was the same as the address they'd sent the letter to - duh!). Anyway, I called them up to say, yes, it was me. They said I have an outstanding debt of £3500, I at first denied it but then soon relaised that it was from when I was at university in 2002. The chap I spoke to said the last time I paid anything towards it was early 2004, more than the magical 6 years ago (is this different because I live in Scotland?) - is the debt now unenforceable?

Now, he said that a lawyer had sent a letter to my old address 2 years ago suing me for the money. This didn't happen as the letter was returned by the occupant saying I no lenger lived there, which was true. He also said that they were offering a settlement figure of £1900, and he would "keep that open for me, even though he wasnt supposed to, as a gesture of good will"; it sounds more like they know the 6 years are up and they're desperate to get what they can. Also, he was very fortcoming, suggesting he could send me the original credit agreement, but I thought this was something you had to request? Sounds a bit dodgy to me? I disputed it, and he said he'd set the account status to disputed whilst I "checked my paperwork", but if I didn't get back in touch with him next week to arrange payment, he said "it would go to the lawyers again".

Sorry for the longwinded message, but I guess in a nutshell I want to know if I can play the 6-year card (or less if in Scotland), and what the situation is with him suggesting he sends me the credit agreement - I find this very suspicious?

Many thanks, your advice is much appreciated!
DocS

RAS

Hi

Firstly, in scotland the limit is 5 years NOT 6 as in England and Wales, but the which rule applies depends where you were when the contract was signed.

Secondly, unlike England and wales, where the debt only becomes unenforceable, I believe the relevant law in Scotland removes the debt altogether.

The fact that they sent a letter to you two years ago is totally irrelevent, you have to pay them or acknowledge the debt in writing.

Ring him up and aks him to put everything in writing. If you signed up in E&W, send the SB letter. if in Scotland there is a similiar letter.

Docs

Thanks very much for that - do you know where I can get a copy of the Scottish SB equivelant letter?

Cheers