Robinson Way outstanding debt

vibes

Hi All,

I was contacted by Robinson Way regarding A shopacheck loan dating back almost 14 years ago. I have since moved address (12 years ago) and Lived at my current address for 11 years.

Around 4 months ago I received a letter asking me to contact Robinson Way for an outstanding debt they hold on file, no other info was provided on this letter barring a request to phone the provided number. I (stupidly?) Phoned the number and the agent explained I had a outstanding debt to which I did not acknowledge at any point in the call and instead requested proof in form of a signed contract.

Now every month from the first phone call I receive a letter stating the following:

Robinson_Way wrote:

As previously advised we are still trying to obtain the information you have requested. This is however taking longer than anticipated and so your account remains on hold temporarily, until this has been resolved

Thank you again for your patience

My question would be where do I go from here, I did consider sending a statute barred letter which Il include below but is this the best way to take this as clearly they cant even provide proof IE a signed contract.

I was worried a statute barred letter would admit that I acknowledge the debt and wasnt the correct way to deal with it, so Instead I figured I would ask here for a little help first before responding to them

My letter I was going to send

11 February 2015
xxxx


Account Number: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY OTHER COMPANY OR ORGANISATION THAT YOU CLAIM TO BE REPRESENTING.


Dear Sir/Madam

This letter applies to all trading names, styles, proxies and third party agents acting on behalf of Robinson Way And Shopacheck

Thank you for your letter dated 07/02/15.

You have contacted me regarding one of your accounts which is referenced above, to which you claim belongs to me.

I would like to point out that under the Limitations Act 1980, Section 5, an action founded on a simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

No written acknowledgement or payment of this account has been made in the last six years. So unless you are able to provide evidence of written acknowledgement or payment by me in that time period, then under Section 5 of the Limitations Act 1980, you are no longer allowed to take any action against me to recover the amount claimed.

Failure to cease and desist your claim against me will lead me to report you to the relevant authorities. Need I remind you of the OFT Debt Collection Guidance (now regulated by the FCA), Section 3, Unfair or Improper business Practices, which clearly states that you should not misrepresent the legal position of this account and you should remain transparent in your dealing with me, otherwise it could be classed as harassment.

Also as a member of the CSA, their notice, titled “Statute Barred Debt” clearly states the following “If your debtor has stated that they will not be paying a debt because it is statute barred, these accounts should be closed and your records updated accordingly”

As I will not be paying this account under the Limitations Act 1980, Section 5, any further contact from you, unless to say you have closed the account and removed any negative data from my credit file, will be deemed as harassment and the appropriate action will be taken against you.

Yours sincerely

Mr xxx

I would also I like to add I would happily pay this debt if they did in fact provide proof but I dont even recall taking this loan out, While it is addressed to my ex-address and the times and dates match to when I lived there my surname is spelt incorrectly on all letters sent from robinson way.

TIA Shaun

RichL74

I wouldn't bother with 'This letter applies to all trading names, styles, proxies and third party agents acting on behalf of Robinson Way And Shopacheck' but if it makes you feel better...

I would put:-

Dear Sir/Madam

Thank you for your letter dated 07/02/15

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY OTHER COMPANY OR ORGANISATION THAT YOU CLAIM TO BE REPRESENTING.

Then carry on with the rest of your letter.

Sign it yours faithfully, not sincerely.

fermi

If it is already statute barred then no acknowledgement you could make, which the statute barred letter does not anyway, could unbar it.

The Limitation Act 1980 says clearly that:

a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.