Robinson Way-Statute Barred Debt

Coby6

Hello

this is yet another statute barred question related to Robinson Way debt collectors

the debt relates to a captial one credit card ,that i last made a payment against before 27 september 2005 .
I moved house on this date and made no further payments and had no further correspondance until this year .

I ve moved house three times since then with my last move on 1st december 2011 .

in June 2012 i received a letter from robinson way stating that i owed £1,159.44 to captial one and that robinson way now owned the debt .The letter requested i contact them to make payment

I ignored this letter ,and then received a letter roughly every 7 to 10 days asking me to make contact with robinson way .These letters contained offers to lower the debt amount , threats to send a debt collector to my house ,threats that that the debt will never go away and RW will never give up chasing for payment .
From August 2012 Robinson Way has been telephoning my home number and leaving varous pleading or threatening messages to make contact .The messages are left 3 to 4 times a week plus various dropped calls around 8am in the morning and 8pm at night - i have ignored all of these calls but kept a log of their frequency times etc and content ,I ve not given RW my number ,nor would they have this number from the documents relating to this debt .

I ve now received a letter from Horrwich Farelly solicitors on behalf of Robinson Way ,dated 19th November 2012 requesting full payment or to agree a payment plan with RW in 10 days, or they may commence court action against me .

Please can you advice me how to respond without falling in to the trap of admitting liability . I am certain this debt is older than 6 years (i live in england )and i ve not paid anything against it for at least 6 years .

I ve read tales of RW using illegal tactics such as forging signatures on to false payment plans or false agreements to accept liability ,or not accepting that the debt is statue barred .

I am new to this forum and although I ve seen reference of previous letters I want to use the correct response!


many thanks for your help ,I am fed up with this debt collectors tactics and want to fight back !

FireWyrm

You couldnt admit liability if you paraded up and down outside their offices carrying a placard and they know it.

Admitting liability must be in WRITING or a PAYMENT within the 6 years since you last made a payment. In short, this debt it statute barred and they can 'go forth and multiply'.

Write to them telling them that you have no intention of co-operating further and that continued attempts to collect a statute barred debt will result in action by yourself against them for harrassment. You can even go so far as to copy this with a letter of formal complaint to the OFT.

They have no legal powers to pursue this debt and nothing you say now can un-bar the debt. The fact that you may once have owed it is now beside the point and they cannot take any legal action against you despite what they might like you to think.

THEY CANNOT TAKE YOU TO COURT. Those are just threatening words and there is nothing they can do legally. Letters from this 'solicitor' are spurious to say the least.

eyeopener2

In addition to Fires excellent post can I suggest a simple prove it letter?

Once they have that you will see them change their tune (send a copy to solicitors as well), after that any phonecalls can be dealt with an easy "send me what ive asked for or stop wasting mine and your time".

fatbelly

Here's the statute barred letters, including the responses to a few false arguments!

https://forums.moneysavingexpert.com/discussion/2606811

Coby6

Hello

Big Thank You to Fire Wyrm ,Eyeopener 2 and Fatbelly for all your help and supporting responses ,and for being so quick !

I have been unnerved by the solicitors letter ,and your responses have confirmed that I can fight this.

I will use the letters refered to in the link

I will let you know how things progress as I am sure RW are not going to give up easily....

Coby6

Hello again
One last question - should i sign my letter to Robinson Way ?

i ve heard that debt collectors can use signatures for fradulent purposes such as signing payment plans or letters accepting liability when no such thing has been agreed.

If i do not sign the letter will it stand as a legally enforcable response ?

fermi

Print your name rather than signing if you are concerned. Your letter is not something that needs to be signed, so you can please yourself.

Coby6

Hello

I have received the following letter from Horwich Farrelly Solicitors today rejecting my claim that the debt is statute barred .




Dear Miss Arnold

re Robinson Way Ltd ( assignees of capital one )

we refer to recent correspondance dated 28th November 2012 ,duly noted

we confirm your time barred claim to be rejected as a payment of £25.00 to the original creditor capital one was made on 13th of September 2007and a default of payment arrangement letter was issued by robinson way on 12 th january 2008

your account has been delayed 14 days we await your response and offer of payment

1.my letter was sent recorded delivery and signed for by robway on 23rd november

2. i ve not made the payment on 13th of september 2007

3 there is no supporting documents that evidence i made this payment with the letter

4. my understanding is that robway issuing a default has no bearing on timescales for statutue barred debt ?


Please can you advise me on a suitable response ?

Many Thanks

fermi

Well, if you did not make the payment then write denying that you did. Demand that they provide the proof of payment.

Tell them that unless they provide such proof, then you will be reporting them to the SRA and their client to the OFT and FOS.

Coby6

thank you Fermi ,I ve referenced the letters as sent through Fatbellys link again which will help me formulate a suitable response

my question is should robway provide proof of my alledged payment ? ie payment slip ,cheque number?
surely sending me a 5 line letter stating a random date and payment is not enough in court?

fermi

No, it is certainly not enough.

Yes, the proof needs to be something verifiable like that. Or another way of looking at it, something that if push came to shove would stand up in court.