Statute barred debt & Default reporting to CRA's

Simon7685

give_them_FA wrote: »

Having read your previous post I see that the bulk of your "debt" consists of unlawful charges. You should be able to reclaim the PPI which you were clearly mis-sold. No one will want to take a mess like that to the small claims court, it will end up costing them more than they could hope to recover; even if they are in a position to get anything off the ground at all.

As soon as you are sure it is statute barred you can write to them and tell them to eff off and that any further inquiries to your credit record will be the subject of complaint to OFT.

I was thinking about the PPI but not really sure whether to or not. Fact is whilst the bulk of what I owe is down to interest and charges, I did still default on Capital One in the first place. As much as the money might be nice, I would sacrifice it to just know this episode is finished, statute barred and done with.

Also having defaulted back in 2003/4, Capital One have been prepared to give me a second chance and another card (which is paid in full every month) albeit with only a £200 limit to start with. So I don't know if claiming back a load of PPI from them after defaulting is morally right??? Also might it have an effect on them being prepared to continue to give me a line of credit and could they decide to close my account.

I just wish I could be 100% certain that it was statute barred so I knew I could tell this company to sod off and leave me alone. Piece of mind and a definate end to it would be worth missing out on the PPI I paid.

give_them_FA

Simon, I just would totally ignore this latest approach. I know there are those who would tell you different but I can tell you that I have done this on many many occasions and not once has there been any follow-up. Yours is a relatively small debt, it should be far smaller but for illegal charges; and the approach of this firm seems pretty speculative, they probably don't actually know if its the correct address and rely on you to confirm it by responding. They may even realise the debt is statute barred; that doesn't stop them pressing for it as they cynically hope that you wouldn't realise. You have absolutely nothing to gain by responding to them. So don't. They will either go away; fairly likely; or at least you will cause enough delay to make it absolutely certain that the debt DOES go statute barred.

Simon7685

Just a quick update.......

I haven't heard another thing from this company, as predicted by a few people, so I think the debt is definately statute barred and as suggested it was hopefully just a speculative try on by the company. Hopefully it will be the last I hear and if not I will just ignore them, or the next xompany it's sold on to.

taffy056

They will probably sell it on to other barrel scrapers, it goes from one lowly scumbag to the next one down the rung, but reading your thread it just shows that the correct course of action is to ignore. Hope it shows others what to do when debts are statute barred.

Simon7685

OK Guys back for more direction please.......

Robinson Way have continued to write to me every 6 to 8 weeks since I started this thread back in February. I have scoured the house to try and find the documentation relating to the last time I acknowledged this debt but sadly I cannot find it anywhere. So the upshot is to the best of my knowledge this debt should be statute barred but I can't be 100% sure, so I don't really want to fire a statute letter off yet, if I can help it.

Robinson Way have somehow got their hands on my home number and the latest ploy is them ringing up, 3 times already since yesterday afternoon.

During the first call which was answered by my wife, she asked them to hold, asked who was calling and deferred the call to me. I acknowledged that I was who I am. They asked me to confirm my address to them I refused and asked what they wanted. All they would say was it's Robinson Way, (which I already knew), he again asked me to confirm if my address was xxxxxxx. I replied it may be, or it may not be and I am not telling you what it is, when I don't know who you are, or what you want. He terminated the call.

The next one was a computerised ringback. Welcome to Robinson Way please press one to speak to an advisor. This was 9 o clock last night. I put the phone down.

Then again this lunchtime. He asked to speak to me, I asked who was calling, he said Robinson Way, I asked and who are they, he replied a business in Manchester. I asked what he wanted, he said it was a confidential matter for Mr XXXX and asked if he was available again. I said No and he terminated the call.

So can someone advise me, or point me in the right direction to get them to desist these calls. I know they are only going to continue but how do I deal with it without acknowledging the details they want to know. I do not want to inadvertinly acknowledge the debt.

Can I just tell them to stop ringing this number as Mr XXXX has no intention of speaking to them. Do I write to them or what is the best way forward for me to deal with this?

Is there a way I can force them to validate the debt, without acknowledging it? If so how do I do it?

I know lots of small pieces of info, mostly from what I have read on this site but not enough to deal with this.

Thanks in advance.

RichL74

I think now might be a good idea to work out in your head once and for all the last time you acknowledged or paid anything towards this debt and then send them the statute barred letter.

It'll be easier for your own sanity in the long term.

Simon7685

I was thinking that myself to be honest but would it be better to go down the debt validation route first? I have read a lot about doing this but it was on an american website, which I hadn't seen to start with.

I have been looking around this afternoon for debt validation template letters but no luck yet.

RichL74

Yeah, you can send a prove it letter but they have been known to fabricate information on the details they send back confusing you more.

Simon7685

Can you give me a link to the prove it letter please, I can't find it!

Simon7685

Another call from Robinson Way this morning. I answered with Good Morning is this Robinson Way, this time it was a woman, she faltered and then said yes can I speak to Mr XXXX. I said No I have no desire to speak to you on the phone, you need to put anything you have to say in writing. She said you have been ignoring our letters. I followed up with this is the 4th time you have called me in less than 24 hours. If you do not desist from calling me I will report you for harrassment to the FSA and FOS. She said I can remove your number from our systems that is not a problem. I replied well if you don't you will be reported for harrassment.

I followed this up with saying, I do not know why you are ringing me, if it to do with any debts you claim I owe, then I do not and whats more any debts you claim I owe will be statute barred. You need to put anything else in writing. She asked me to go through security checks, I flatly refused and again advised them to stop harrassing me or I would report them. I then said I would write to them detailing that if they don't stop calling me I will take action against them.

So I now need to find template letters for the following;

Prove it letter
Advising them to stop harrassing me

I have found a statute barred letter but if someone could help me with the others that would be really appreciated as I cannot find them.
Thanks