Letter from Robinson Way, Salford

ThreeYearsAndCounting

Just received letter from Robinson Way Limited, London Scottish House, Quays Reach, Carolina Way, Salford, M50 2ZY. Addressed to me at my new address, refers to my old address then states:

'For the purpose of vailidation we believe that you used to live at the address noted above. If you are not that person...

If you are the person named above you may also use the number to contact us.'


I was declared bankrupt at my previous address in March 2009, AD March 2010. How should I respond? Thanks.

Doucam

They are debt collectors so have probably bought an old debt of yours, have you cleaned your credit file? if not then get on and do that to prevent any more of this kind of thing.

Then you need to send them a template letter which is on here which states that all debts were written off under your BR.

I will go and look for it, brb.

Doucam

Here it is!!


Creditor's Name
Address.




NOTICE: Pursuit of a debt included in a bankruptcy. Do not ignore this letter. You must cease collection activity IMMEDIATELY.


Dear Sir/Madam

Account No: *****************

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

I would point out that the account was included in my bankruptcy which commenced on <date>.

Consequently, the debt in question is no longer my legal responsibility.

ALL contacts and claims regarding the debt MUST be addressed to the Official Receiver's Office dealing with the case.

My case was XXX of 200X, at <somewhere> County Court, and the address of the Official Receiver is below.

<Address of the OR.>

A copy of the bankruptcy order is enclosed for your convenience.

Please note that the Official Receiver has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself may result in Official Receiver taking enforcement actions against your organisation.

Please also note that we are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when the debt is not due.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

In addition, your continued telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

We await your written confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



A N Other


(with thanks to Fermi for the template.)

ThreeYearsAndCounting

At the moment they are not specifying any debt, just 'checking' that I am the person of the same name who lived at that address (which I am). The query is really whether I should respond (with my bankruptcy details etc) or just ignore it. This choice is somewhat complicated by the fact that I am currently living with my elderly mother, and would not want someone turning up here on the doorstep. I don't think I left my previous address with any debts (I left at the time of my bankruptcy).

NeverAgain_2

This arrogant quasi-official nonsense winds me up.

What right has a crummy debt collector to 'validate' your address?

Tempting as it would be to tell them where to go, I would bin the letter.

Contact is just what they want.

fermi

Personally, until they can be bothered to write properly telling you what it is about, then I would just ignore it.

alastairq

I would bin the letter.

I totally, completely, and utterly agree...do not respond in any way, shape or form...

ThreeYearsAndCounting

Thanks all, I won't respond to it.

Buzby

There is a major distinction often forgotten by debtors - 'statute barred' means that any debt can only be pursued by creditors through the COURTS for a period of 6 hears (5 in Scotland). It does not mean the debt is expunged, uncollectable or disappears.

That law of diminishing returns applies - after 5 (or 6) years you have no fear of a Summons, but a creditor, their agent (or assignee) can legally attempt to get you to pay up for as long as they think there is a reasonable chance of you doing so. The longer it is, the chances of success become more remote, but the nature of selling and reselling the same debt allows a 'trade' to take place where firms believe it is worth pursuing you - often trading on their belief to make a profit from you, or a small loss from the next DCA who thinks they can.

MSE say 'guidance' will prevent DCA's from continuing pursuit - but the key here is, it isn't law, just 'guidance' so you can try the bluff, but it rarely works.

tigerfeet2006

Busby, this thread is three years old.

arcon5

To be fair, the debt collector has been stitched up here too - they've been sold a debt which was included in a bankruptcy order.

I suspect all it will take is a quick one line with the BR reference number, year, OR name and maybe a copy of the certificate and they'll send the account back to its origin along with a request for a credit note!