Robinson Way / Horwich Farrelly

DarkConvict

You would need to SAR the original creditor and the latest DCA to get a list of all statements about this debt. To find out from the original creditor the last date of payments, and then from the DCAs any payments that have been made and look for a 6 year gap.

You might beable to get away with using the proof it template and request copies of statements to prove the debt. But SARing is probably quickier.

twinsformysins

But in the meantime, could the court be involved like they are threatening

Maybe she should just ask to meet in the middle? and pay £220 what they had prev offered

fatbelly

twinsformysins wrote: »

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?

twinsformysins wrote: »

But in the meantime, could the court be involved like they are threatening

Maybe she should just ask to meet in the middle? and pay £220 what they had prev offered

Court action is highly unlikely

The game with statute barred debt is - you assert it is, they have to prove it's not.

You can still pay a statute barred debt - it just gives you more ammunition to negotiate a lower settlement.

If they've started at a 50% settlement, I reckon they'll go lower.

twinsformysins

UPDATE

My sister received a etter from Horwich

It list all the payments she has made.
The orig debt was for £1496.00

She had made the following payments, and Horwich colored these in on a list in blue felt tip (ah bless) in thier own fair hand

13/9/01 £50
10/10/00 £50
10/11/00 £50
12/12/00 £50
10/1/01 £50
6/04/01 £50
9/5/01 £50
10/7/01 £50
17/05/06 £300.00
14/11/06 £20
30/8/07 £90
24/9/07 £90
10/1/08 £90
24/1/08 £90
4/3/08 £30
1/5/08 £50.00

When I add this up it comes to £1160 although she has hand written total received £980.00 (either her calculator or mines wrong) so its £180 short.

She says remaining is £516.87 (based on them saying only £980).

they hand scribbled a note saying
Please note there is a full and final settlement of £260 to close account. The rest will be written off (£256.87 written off).

BUT the list of payments comes to £1160, and diff between £1160 & £980 is = £180 which is allot of money

Should I tell my sister to offer to pay £80 which is £260 (they said they will accept) less the £180 they have miss calculated.

BenS1

Do you mean that the full and final settlement sentence was handwritten? I would be half tempted to ask them to put that whole note on their official letterheads.

Full and final settlement are when you pay less the how much you originally owe, and that no DCA can chase you for a debt after the "final" payment has been made.

So, they basicly want £260 more to close the debt, so the total amount she pays is £1160 + £260 =£1420.

It would be best if when she makes this payment to make it as a postal order, so they can't take out more than what has been agreed. How was the previous payments made?

Might have been that they added some fees/charges/interest to the outstanding debt

twinsformysins

Yes it was hand scribbled on a compliment slip, they always do this, unless it is a standard letter.

I have to try to convince them she has paid £1160 as they are banging on about the £980 or what eer it was.

BenS1

twinsformysins wrote: »

they are banging on about the £980 or what eer it was.

You're talking to them on the phone? Rule 1 when dealing with a DCA is to have everything in writing, no need to talk on the phone to them. They will try and confuse you into paying more. The handwritten note says £260 to close it, I'd follow something in writing than by mouth

Just write a letter along the lines of:

I am writing in reference to your previous comminication. I am willing to offer £260.00 as full and final settlement for the above account. This offer is subject to the following conditions:
1) The account must be listed "Settled"
2) The account must be updated to reflect this on my Equifax, Credit Expert and Call Credit files
3) Robinson Way, or a 3rd party may not pursue this account any further

Please provide written confirmation that these conditions will be executed upon payment being completed.

As always when dealing with DCA's, send by recorded delivery.

twinsformysins

NO, there has been no telepohone conversations, its all done on email or letter form

DarkConvict

Mr A N Other
1 High Street,
Newtown,
Kent
R21 4RH
January 21, 2010

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

WITHOUT PREJUDICE:

Dear Sir/Madam

Re: 4563210025897412

We write with reference to the money which you are claiming on the above account.

We can confirm that we are unable to offer to pay the money which we owe in full. However you have presented the option of accepting £260 as a full settlement figure on xx/xx/xxxx.

I can raise £260 and I want to offer this an ex-gratia payment in full and final settlement of the
account. This offer is made on the clear understanding that, if accepted, neither you nor any associate
company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be
released for any liability.

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above
account as "satisfied" in full.

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of
payment.

We look forward to receiving your reply.
Yours faithfully

Mr A N Other

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

Small modifaction to include they sent you a letter.