Unenforceable Robinson Way debt.

abi-em-mum83

Hi my partner had a loan with morses approx 9 years ago,and as far as hes concerned he paid in full. He has heard nothing for approx 6 years (well as long as Ive known him which would be 7 years next month!) He began receiving letters and phone calls from Robinson Way for an outstanding amount of £142. He asked for them to contact only by letter or email and not phone, and for a copy of statements showing how he owes this money. They stopped sending letters and carried on calling us up to 8 times a day! Finally 3 months later we received a letter from Horwich Farrelly Solicitors stating:
"Further to your recent request, we have been unable to obtain a copy of the agreement from the origional creditor. Whilst this means that the debt is unenforceable through court, it does not mean that the debt does not exist or that we are not entitled to pursue for the sumes outstanding"
It carries on to say we should pay within 14 days and the usual threats about affecting the credit score.
This has been followed by an increase of letters and again phone calls from Robinson Way asking for the money, with no mention of the fact they cant prove it!
Does anyone have a template letter I could use? Every time I go to write one I end up saying hey you robbing !!!!!!s,go and try it on with someone else! Any legislation I could use as well would be a massive help! Thanks!!

Tixy

Sounds like the debt might be statute barred. If it was then this would be 'better' than it being unenforceable. If its SB and you send them a letter to say you do not intend to pay then they have to stop chasing.

A debt is statute barred if there has been a period of 6years with no payment towards the debt and no written acknowledgment from your partner to the creditors (or a debt collector) that he owes the money for the same period. And assuming there is no CCJ - which there certainly doesn't seem to be.

Have a read on this thread and the factsheets and see if it might be SB - Statute barred debts and the Limitation Acts

DVardysShadow

Tixy wrote: »

Sounds like the debt might be statute barred. If it was then this would be 'better' than it being unenforceable. If its SB and you send them a letter to say you do not intend to pay then they have to stop chasing.

OP thinks it is paid, which is even better than SB or unenforceable. Either way this is so old that there is no legal way that they can use this to affect OP's credit record. In fact, I would go so far as to say the fact that the acknowledge it is SB and go on to threaten to trash the credit record amounts to harassment.

FireWyrm

Re : <Account Number>, <Amount>, <Ref Number> etc....

Dear <robbing scumbags>

Further to your recent correspondance regarding the alleged outstanding debt of <how much> we are writing to advise you that we do not acknowledge this debt. You have so far been unable to provide proof that the debt belongs to us and also that the debt is acknowledged to be more than 6 years old. This debt is now statute barred even if it could be proved to belong to us and continued attempts to recover the money is unlawful. We have been advised by yourself that our credit rating will be effected if we do not pay the amount due, but we would point out that this threat is entirely unjustified and illegal under current debt recovery guidlines. We have noted your continued telephone calls to our number and consider this to be harrassment. Continued calls will result in a written complaint to the OFT and there will be no further warning on this point.

We require you immediate attention in this matter and a written confirmation that you will not continue to pursue us for this alledged debt.

Yours Sincerely

<you...digitally signed, not hand written>

Naf

The only way they could get anything put back on your credit file (legally) would be to take you to court and have a CCJ registered. They've already said they can't prove a damned thing so why do they bother? Idiots.

Gordon_Hose

They can't get a CCJ without registering a default first.