10 yrs on DCA what do I do?

RAS

THE OFT do not consider individual complaints BUT if they get a lot of complaints re an individual DCA, they will issue public guidance to the DCA, threatening to withdraw their licence unless they sort out their antics.

The OFT have issued guidance to DCAs re pursuing unenforceable debt, specifically stating that this includes SD case, in the last year.

DVardysShadow

katrina, I believe you have got the cart before the horse on this one.

Basically, this debt is NOT statute barred, it is actually a spurious debt, because the goods in question were never received. If it were to go to court at any stage, you could make Robinson Way jump 2 hurdles - firstly to prove that the goods were recieved and secondly to demonstrate that it is not statute barred.

By fighting this on Statute Barred, I believe you are lumping yourself in with everyone else who has a statute barred debt, which is to say that there is money owing but it is unenforceable. To DCA's, this is their bread and butter, they will just treat you like the rest and harrass you to death until you pay them to go away. I believe you should just tell them that as no goods were delivered, no money is owing and the case should be closed because they are out of time to prove that the goods were delivered.

fermi

Complain to both the OFT and the FOS.

Although it has to be said that the FOS don't know their "arse from their elbow" when it comes to the legality of statute barred and/or disputed debts.

fermi

You complain to Robbers Way on both grounds:

1) That the debt is disputed in the first place.
2) And that regardless of (1) the debt would now be statute barred.

So you can point out that they are breaking the rules/law on both counts, and demand that they cease trying to recover the debt.

DarkConvict

I found the new thread

DarkConvict wrote: »

Lodge a complaint against them via the FOS http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Under Distance Seller Regulations, you never recieved the goods so are not liable to pay for them. The original creditor or debt collector is unable to provide proof of delivery to your address.

Further to this, the debt is statute barred under Section 5 of the Limitation Act, and that the repeated demands for payment are unlawfull under Section 40 (1) of the Administration of Justice Act 1970. This is backed up further by OFT Guidelines on debt collection - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Report them to OFT as well - http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

hollypolly678

Thanks everyone and thanks DarkConvict for replying to my other thread.

I will complain as suggested

But should I keep replying to Robinson Way or ignore them it's going to cost a small fortune in Recorded delivery

Katrina

DarkConvict

Only send Robinson way 2 letters

#1 - statute barred i will not pay http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227
(1st letter)

#2 - you have continued to chase me, i am reporting you http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227 (3rd letter down)

i think you may have sent these already.

DVardysShadow

DarkConvict wrote: »

Only send Robinson way 2 letters

#1 - statute barred i will not pay http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227
(1st letter)

#2 - you have continued to chase me, i am reporting you http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227 (3rd letter down)

i think you may have sent these already.

In this case, it is not a debt, so statute barred is moot!!! Make the case that there is no debt as the goods were never delivered. [It is up to the DCA to prove they were]

DarkConvict

DVardysShadow wrote: »

In this case, it is not a debt, so statute barred is moot!!! Make the case that there is no debt as the goods were never delivered. [It is up to the DCA to prove they were]

Correct, im an idiot i even posted that further up lol. *off for a break

magpiecottage

katrina1977 wrote: »

Thanks everyone and thanks DarkConvict for replying to my other thread.

I will complain as suggested

But should I keep replying to Robinson Way or ignore them it's going to cost a small fortune in Recorded delivery

Katrina

Send the template letter I put on the other thread.

Get proof of posting (free from the post office).

FOS will, if necessary, deem it to have been delivered two working days later if sent first class.