5yr old debt with Robinson Way

rjay

I got a letter this morning from Buchanan Clark + Wells on behalf of Robinson Way who have (presumably) bought an alleged debt of mine to 'Next' from at least 5 years ago. Neither the letter, nor the person I spoke to when I phoned them was able to give me any detail of what the alleged debt of £210 relates to nor a specific date. They also told me that because the debt was so old that this information would not be forthcoming as Next had nothing to do with it any more.

They made the usual threats about further action, harming my credit rating, etc. I guess there is a chance that I do owe Next this money but I somehow doubt it. I'm not just going to give this company £210 because they write asking for it !! So, where do I stand ?

rog2

You should write to BCW stating that you acknowledge no debt to them. Unless they can provide you with a true copy of the original agreement, and proof that it has been assigned to them, they are unable to collect it.

rjay

Thanks rog2 - but what effect will it have on my credit history ?? The (obnoxious) woman I spoke to said "Check your credit history - this debt is having a negative effect already".

rog2

rjay wrote:

Thanks rog2 - but what effect will it have on my credit history ?? The (obnoxious) woman I spoke to said "Check your credit history - this debt is having a negative effect already".

Perhaps they have posted a default notice on your credit history with the cra. If you look at your credit rating, this may tell you what the original debt was. However, I would strongly advise that you send BCW a letter, as above - if they can not provide you with full details they can not chase you. You say in your original post that the debt is from 'at least 5 years ago' in which case it may be close to the six year limit, at which it could become statute barred, providing you have had no written contact with the original creditor, and unenforceable anyway.

rjay

I'll definitely write to them and get a copy of my credit report.

So, the 6yr limit starts from the date of the debt rather than the date of the default notice ??

Donedoingdebt

The 6 year limit begins from the last date of contact or attempt of contact from either party.

rjay

But who is the "party" in this instance - 'Next' or Robinson Way ?

rog2

rjay wrote:

But who is the "party" in this instance - 'Next' or Robinson Way ?

I have checked and it is last date of written contact by you. So, if you have had no written contact, to NEXT, in the last 6 years, the debt would become statute barred.

rjay

OK, so to make sure I'm 100% on this, I must not write to NEXT as they are the original debtor. However it is still recommended that I write to Robinson Way saying that I do not acknowledge the debt. If it is found that they have filed a default notice against me, I can apply to have it removed on the grounds that it is unenforcable or failing that wait until the 6 years are up and then have it removed. Presumably, if there is a default notice, it will show the original debt date of around 2000/2001, yes ?

Xbigman

Anything on your credit records is automatically removed after 6 years. Also, check your credit records now. Its quite possible whoever you were speaking to was trying to B***S*** you that they had defaulted you.
Records



X

rjay

Too true Xbigman .... I don't know why the people at these companies are so difficult to deal with. Why can't they at least be professional in their work ?