unpaid default

confussled

perhaps i should have mentioned that they started chasing me 2 months before the 6 years, but it has been 4 months since the 6 years were up.

GeorgeUK

confussled - i'd start your own thread on this. You'll probably get more responses.

The debt being 6 years old is not a factor. It's if there have been no payments to the debt for 6 years.

confussled

thank you george, i've only just registered so not sure how to start a thread, any help appreciated.

fermi

Click on this button:

hollypolly678

Hello

Just to let everyone know it has now disapeared off my credit file.

GeorgeUK

Good news Katrina. Lets hope you never see another one again. :beer: :j

hollypolly678

Hopefully not! As you mentioned previously George they may still come back to me but as I have learned from you and others on this site I will inform them that I know it is Statute Barred and if necessary come back on here for proforma letters to send - Thanks everyone

hollypolly678

please can anyone help???

Robinson Way sent me a letter on 8 april 2010 asking me to pay this debt, which I dont owe because I never received the goods, after 1 very stressful telephone conversation explaining the story and getting nowhere I asked for proof of delivery (which I know does not exist) and was told it was up to me to prove I didn't owe it!!! and was told a 'field agent' would come to my house, I told her that was not allowed without an appointment and I didn't wish to make an appointment. I sent a letter by recorded delivery saying the debt was not owed by me and in any case was statute barred and I would complain to the OFT if they sent someone. Got a letter today again asking for the money, which by the way is only £79 but I refuse to pay for something I've never had. and saying they 'may send a local collector in the next 10 days' and 'I could make an appointment if I wish'

What do I do now, this is wasting so much of my time, causing me stress and if it carries on its going to cost a fortune in Recorded delivery.

Shoul I keep replying, ignore them, or something else????????

DarkConvict

Lodge a complaint against them via the FOS http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Under Distance Seller Regulations, you never recieved the goods so are not liable to pay for them. The original creditor or debt collector is unable to provide proof of delivery to your address.

Further to this, the debt is statute barred under Section 5 of the Limitation Act, and that the repeated demands for payment are unlawfull under Section 40 (1) of the Administration of Justice Act 1970. This is backed up further by OFT Guidelines on debt collection - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Report them to OFT as well - http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection