Robinson Way......letter out of the blue

niknak_2

Hi All,
I recently received a letter from Robinson Way, claiming I owed £600 for a debt that I had no idea about.

After challenging them on this, they came back to tell me that it was for a current account overdraft, that I believed I had cleared and closed over 10 years ago.

After contacting the bank, I was told that a £90 debt in 1994 had snowballed to £600 and this is what I was being chased for.

In the intervening 10 years I've moved house three times and there were no additional transactions on that account and at no point have I received any correspondence from the bank.

How should I proceed?
Is this debt statute barred?
Any help would be greatly appreciated

Cheers niknak

matttye

You need to find out what date the bank asked you to repay the overdraft.

As overdrafts are repayable on demand, it is the date that they asked you to repay the money that is the 'cause of action.' They're not like credit cards or loans where you are expected to make a regular payment.

I would send a Subject Access Request to the bank with a cheque for £10 and see what data they have about you. Write to Robinson Way in the meantime telling them that you do not acknowledge any debt and are requesting further information directly from the bank. Ask them to put the debt collection on hold pending the receipt of that information.

Debts become statute barred when they are not paid towards or acknowledged in writing 6 years from the cause of action, so you would be looking for the bank to have asked you to repay the overdraft on 12.11.2008 or earlier for it to be statute barred today.

I would say there's a good chance of it being statute barred but you need to check for sure.

niknak_2

matttye wrote: »

You need to find out what date the bank asked you to repay the overdraft.

As overdrafts are repayable on demand, it is the date that they asked you to repay the money that is the 'cause of action.' They're not like credit cards or loans where you are expected to make a regular payment.

I would send a Subject Access Request to the bank with a cheque for £10 and see what data they have about you. Write to Robinson Way in the meantime telling them that you do not acknowledge any debt and are requesting further information directly from the bank. Ask them to put the debt collection on hold pending the receipt of that information.

Debts become statute barred when they are not paid towards or acknowledged in writing 6 years from the cause of action, so you would be looking for the bank to have asked you to repay the overdraft on 12.11.2008 or earlier for it to be statute barred today.

I would say there's a good chance of it being statute barred but you need to check for sure.

Matttye, thanks for your advice. I'll get on to that tomorrow morning
Cheers

niknak_2

Ok, I've now completed the SAR and got a huge load of info from Lloyds. However, as far as I can see they have not formally requested me for full repayment of the overdraft and once I passed the overdraft limit I seem to have been sold/moved to Robinson Way.

In addition they claim that they have tried to contact me, and couldn't which is really interesting as I hold a Lloyds credit card with the correct address.

So I'm a bit stuck on how to proceed now as Robinson Way have sent me a form requesting my current financial details so they can arrange payment. Also in any contact that I have with Lloyds they just refer me to Robinson Way.

Thoughts??

Marktheshark

This firm are renowned in reputation with statute barred debts.

Sazzie23

Think Robinson way are trying it on. Don't know exactly the procedure now though, do you just ignore it or write to them and say naff off, I'm not paying it?

marleyboy

Just ignore them, acknowledgement will only keep them nagging

PaulW922

When did YOU last transact on the account?

sourcrates

Best course of action is send a letter stating the account is now statute barred, and invite them to prove otherwise, which, incidentally, they are obliged to do anyway.

Its not up to you to prove the account is SB, its up to them to prove it isnt.

I would go down this road, and see what they come back to you with, if they deny its SB, then the game continues............

niknak_2

PaulW922 wrote: »

When did YOU last transact on the account?

The last transaction on the account was 2004

niknak_2

sourcrates wrote: »

Best course of action is send a letter stating the account is now statute barred, and invite them to prove otherwise, which, incidentally, they are obliged to do anyway.

Its not up to you to prove the account is SB, its up to them to prove it isnt.

I would go down this road, and see what they come back to you with, if they deny its SB, then the game continues............

Sourcrates - Thanks for the reply, I'll draft up a letter today and get it off tomorrow, as you say the game continues..