Time retail Finance & Robinson Way

Gale_10

Hiya,

If a debt has not been acknowledged in six years or five if you are in Scotland it is statue-barred which means basically its wiped off and you don't have to pay it. Some horrible unscrupulous debt collection agencies however, try and collect on them, after buying them very cheaply.

By *acknowledge* it means you admit (in writing) you owe or pay anything towards the debt.

Gale

rog2

Lillys_mum wrote: »

Thanks everyone for all your help so far - I will no doubt be calling on you over the next month for more.

What is the 6 years issue I see mentioned?

Unfortunately, since you have been making payments towards the 'debt' then I don't think that the 'Statute Barred' rule will apply to you.
UNLESS, of course, there was a six year period between your last payment to the original creditor and the time you started paying the dca.

Lillys_mum

Right can someone just help me with dates now.

I have got my first letter ready to send recorded tomorrow (17th Nov 2007)

Can someone tell me when my 12+2 days are up. From then what dates do I then put on the 30 days letter is it from when the +2 ends or the next day - it is all so confusing and I just don't want to get it wrong.

Also I am currently paying them £45 per month should I carry on doing this as I have been paying them without fail since 2002. Payment is due on 3rd of every month.

Thanks again.

x

Lillys_mum

rog2 wrote: »

Unfortunately, since you have been making payments towards the 'debt' then I don't think that the 'Statute Barred' rule will apply to you.
UNLESS, of course, there was a six year period between your last payment to the original creditor and the time you started paying the dca.

Thats ok I was just worried that I had a time limit to dispute it that was all.

RAS

I can see why you are a bit confused after following the threads. Let's do one letter at a time. The exact wording can vary, as long as it does not acknowledge any debt, asks for the three elements of the CCA request, includes the £1 and refers to the CCA Act.

Weller is one of our real CCA experts and this is her letter. You need to send it to Robinson Way by recorded delivery. Keep the receipt and make sure that you check a couple of days later to find out when it was received and who signed for it. With Christmas coming up, make sure that you keep the whole file somewhere safe as your bog off date in in early January. I would be tempted to photocopy things and keep the second copy elsewhere, in case the dog, small child gets their mitts on it.

Here is the first letter you need to send:-

Dear Sirs

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (12 working days which I make December 5 2007 if you post it tomorrow), I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Yours faithfully

Lillys mum


The other point is that quite often they send back a copy of the application form. Unless it includes the prescribed elements, it is not a CCA.

So if they send you anything, come back here and check the details before you carry on paying.

It has also been known for the more enterprising DCAs to send out a blank CCA for the debtor to sign! If they do this, the unenforceable debt would become enforceable.

If they do not send what you requested by December 7, the debt becomes unenforcable. Aftter another 30 days, they would be committing a criminial offence if they tried to enforce it.

You cant get into more trouble by doing this, you are simply exercising your legal right to ensure that RW have the right to collect the debt from you. Whilst the debt is in dispute, they cannot take any action against you and if they tried to take you to court, they would be fined.

You miught find kurjam's rather lengthy and complex thread informative http://forums.moneysavingexpert.com/showthread.html?t=492738. She has now stopped paying for a debt incurred 17 years ago that she had started paying again.

Lillys_mum

Letter is written and ready to go recorded delivery tomorrow.

Now I suppose it is just a waiting game.

x

rog2

Lillys_mum wrote: »

Letter is written and ready to go recorded delivery tomorrow.

Now I suppose it is just a waiting game.

x

Well Done for taking the First, and most difficult, step to ascerting your rights.
It WILL be a waiting game, but be carefull - RW are very likely to write to you, trying all sorts of intimidatory tactics in order to 'wriggle out' of their legal obligations. Just stand your ground and don't allow them to side-track you into submission.
I would also advise you to STOP paying them anything whilst the matter is unresolved - they can not do anything since as soon as you send the letter you will have put the 'alleged debt' into dispute.

Lillys_mum

RAS wrote: »

You need to send it to Robinson Way by recorded delivery. Keep the receipt and make sure that you check a couple of days later to find out when it was received and who signed for it. With Christmas coming up, make sure that you keep the whole file somewhere safe as your bog off date in in early January.quote]

Do I need to get a copy of the signed receipt or is it ok just to check and know it was delivered?

rog2

Lillys_mum wrote: »

Do I need to get a copy of the signed receipt or is it ok just to check and know it was delivered?

Just check on-line and either print off the delivery report, or make a note of when it was delivered and the name of the signatory.

Lillys_mum

I want to scream!!!!!:mad: :mad: :mad:

Just tried again to trace my recorded delivery letter to Robinson Way which I posted 1st Class Recorded on 17th November and they haven't delivered it yet!!!!

I even spoke to someone in the call centre who confirmed they haven't even attempted to deliver it yet!!!

What I am to do, this has all the info from earlier in the post and has given them until the 5th Dec to respond with my CCA but how can I expect them to reply when it hasn't even been sent yet - Royal Mail say it can be delivered up until the 6th Dec and that is still within their allocated time frame. She said I should of sent it Special Delivery if I wanted it guaranteed, Funny how they can send things on time when you pay rip off prices for them.

Sorry for the rant I am just so stressed at the mo and this is one thing I could do without ( Hubby off to Iraq tomorrow for 4 mths!!!)

Any advice please?

x