Robinson Way debt collectors

feeky

Just got a letter from the above asking about a new address.

Phoned them to point out that the debt is statute barred and had a very interesting conversation with one of the advisors that went as follows,

We received a payment of £1 on the 18th of November 2015, which i take is meant to mean the debt has now reset and the staute barring is null and void. I replied that the payment was not made by me and could they produce the giro slip as proof, they also said that the default date was 6 years and 3 months prior to the payment in november 2015.

Apparently this was a one off payment which is nothing to do with me nor would anyone else know or be able to make payments on my behalf.

Whoever made this payment and i suspect that it is ficticious or the payment was made by Robinson Way themselves would have to know the details of the defaulted account and the only people who knew about this account was me, Robinson Way and Barclaycard.

I also read that after 6 years from the date of default which was the 18th August 2009 after no contact they are not supposed to be chasing the debt anyway.

I am fortunate that because of my job i will be able to establish exactly where i was (also through the tracking my employer uses) around the time this payment was made and have asked them to supply a copy of this giro slip, but as i never made this payment in the first place am i correct in thinking that the debt is still statute barred and unenforceable through law ?

Also if this payment was made by them surely what they are trying to do is fraudulent ?

sourcrates

Hi,

The "cause of action date", the date you last paid the account, or acknowledged it officially in writing is different to the default date.

The time clock runs from the former, not the latter.

It also depends what kind of debt it was, as different rules apply to overdraught debts.

So its likely the account was statute barred a few months before you thought it was, its not uncommon for small £1 payments to appear on DCA spreadsheets, yes they usually are fictitious, they may try to fob you off with that old chestnut, but i doubt they would do the same with a court.

Have you sent the statute barred letter ?

If not do so, and dont speak to them on the phone again either, best to keep it in writing only.

National_Debtline

Hi

If the debt was statute barred prior to the alleged £1 payment it would remain statute barred, even if they could prove that you did make it.

Send the sample letter on this factsheet:
www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

James
@natdebtline

feeky

Thanks guys for the advice it just seems so underhand for them to try and con people into thinking they still owe a debt and i am sure they have succeeded with many unfortunate people :mad:

sourcrates

feeky wrote: »

Thanks guys for the advice it just seems so underhand for them to try and con people into thinking they still owe a debt and i am sure they have succeeded with many unfortunate people :mad:

People post similar stories to you every other week, some have gone as far as court action, in an attempt to get the money.