Being Chased for a 'Free' Gym Membership!!!

NelskiB

Coupon-mad wrote: »

Welcome to MSE, NelskiB! :beer:

Post again if you get any response from the company. As you have seen there are some very knowledgeable and helpful people on this site.

Thanks I sure will.:j

NelskiB

Hi Guys,
It has been a while since my last post. I have been waiting for a reply from RCS. The reply never arrived so today I called them.
I have advised them that the debt is barred as it is so old. (still did not acknowledged the debt).
She told me that because they tried to contact me at the address the contract was signed within the 6 years is therefore is not barred because they have been trying to get in contact with me. (and have the paper work to prove their attempts to contact me.)
I asked them to tell me when this contract was signed for. It was signed for on the 21/11/00. another collections company apparently tried to contact me at my old address during those years until RCS took over the debt on 9/10/06, that is when they sent another letter out to my old address. when they got no reply they sent for a trace and finally got in touch with me at my current address in march / April 2008!
Is this the case or are they trying it on?
please advise,
Kind regards
Nelski

dancingfairy

I think if it is over 6 years since you wrote to them or made any contact with them at all it will be statute barred. That is my understanding. It depends when you were last in contact with them. I think it is their tough luck they couldn't get hold of you before now. Sounds like they are taking the mickey to me. Am sure an expert will be along to clarify.

mrcow

NelskiB wrote: »

She told me that because they tried to contact me at the address the contract was signed within the 6 years is therefore is not barred because they have been trying to get in contact with me. (and have the paper work to prove their attempts to contact me.)

Did you laugh in her face? Because you should have done. Next time they say anything like that, tell them that they shouldn't have advisors manning the phones who don't know what they are talking about.

No she is not correct in what she's said. They are trying it on.

If they insist on pursuing you even though you've now sent your letter and they have provided no proof to indicate that the debt is still enforcable, then get in contact with the OFT (and tell them that you are doing so).

NelskiB

Thanks for your reply.

I did say that I have never been in contact with them as, as far as I am concerned there is no debt. The only contact from me was a telephone response to their letter in March/April 2008! Their reply was that they had tried to contact me therefore is it not barred.

pania

absolute cobblers nelski. A debt is deemed to be statute barred if there is no contact between the debtor and the creditor within a six year period. "they have been trying to contact you" does not equate to contact. as such tell them piffle and tell them to go fish.

NelskiB

Hi,
Any advise on my nest steps with them?

should I call and say that I have consulted my solicitors and that they are wrong and demand that I get a letter to confirm the account has been closed?

NelskiB

pania wrote: »

absolute cobblers nelski. A debt is deemed to be statute barred if there is no contact between the debtor and the creditor within a six year period. "they have been trying to contact you" does not equate to contact. as such tell them piffle and tell them to go fish.

Thank you, I may just quote you too

I will call them right now.

NelskiB

I have just spoken to RCS once again.
They are now saying that because this debt was handed over to them in 06 that it is not barred and still outstanding so will not close.
now saying that they are proceeding legal action!

hypno06

then they will look pretty silly in front of a judge.......

.......it is just scare tactics......let them try!