Robinson & Way...please Help

stephane_2

I recently receiced a formal demand of payment from Robinson & Way regarding a Denbenhams account I had over 5 years ago and they are asking me to pay £3000 within the next ten days..which i can't. i don't deny the debt.
What are my options?
Can I write to them asking them to send me the signed CCA?

Please any advise would be welcomed

Thanks

eyeopener2

Write to them (do not phone) asking for a signed CCA. It will , at the very least, give you some breathing space. Then you can decide how you want to play it. If you want to negotiate a settlement, and they do not deliver the CCA ,it will give you a lot of power to pay what you want to pay not what they want you to pay.

CCA them and see what response you get.

Oh and put in the letter that you will not tolerate any phone calls and all communication should be by letter.

GeorgeUK

eyeopener2 is spot on. Do not call them as you REALLY don't want them to get your phone number and NEVER SIGN any letter you sent to a debt collecter. Just print your name.

Does the debt fall under Scottish or English law? A debt is statute barred in England after 6 years (5 in Scotland). There are details of this and template letters for CCA in this thread.
http://forums.moneysavingexpert.com/showthread.html?t=578486

stephane_2

Thank you very much for your help...I will write to them asking them to send me the CCA..but I have heard that if they don't send it to you after the 30 days period..but eventually manage to send it to you let say a few months later they are allowed to claim the money back, is that true?
I believe that it has been 6 years since I paid any money to Debenhams for that account...if I say that the debt is statute barred do I have to prove it?
Thank you very much for your help

RAS

Stephane

The most common statute barred letters ask the DCA to provide proof that payment has been made in the last 6 years. Do you have any idea of the exact date?

Alternatively, does it show up in any of the credit checks? If not it is almost certainly more then 6 years old.

Remember, the debt still exists but RW are not entitled to pursure you through the courts.

stephane_2

Thank you RAS,

I have recently checked my credit files with Equifax & Experian and it does not appear on it.

RAS

Hiya

that would figure; RW feature a lot on here with statute barred debts. Send the statute barred letter. Will find the link and return.

RAS

Here goes

Send this this letter, by RECORDED DELIVERY:

Your Address
Date


Companies Address


Dear Sir/Madam

Ref: XXXX

I do not acknowledge any debt to your company.

You have contacted me/us regarding the account with the above reference number, which you claim is owed by me/ourselves.

I would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I would also point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I refuse to communicate with your company any further, without you taking leave of the court.

I remind you once again of the OFT guidelines: Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

Should you continue to pursue me for this debt, without providing any evidence, I will raise a complaint with the relevant authorities.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account regarding your previous letter.

I trust I have made my position absolutely clear regarding this issue.

We look forward to your reply.

Yours faithfully


One version thereof. You might want to look on the NDL web-site as well.

stephane_2

Thank you RAS you've been of great help..will do that and see what kind of reply I get from RW

superduperloop

Just want to say thanks for the posts on here about statute barring. Have just found an old nasty on my credit report, I have no idea how it escaped my bankruptcy

It'll be 6yrs next March, so hope I don't hear from them before then. Defo can't afford to pay it. I've heard about DCA's chasing up old debts and was really scared about what I was going to do til I found this thread.

Off now to do some more research on the subject :T

stephane_2

I recently requested from Robinson & Way a CCA for an ex-debenhams account and I received a letter from them today and it says the following:
"We have requested a signed agreement from our client and this will be forwarded to you as soon as possible" and the also add the following:
"As a simple assignee from the original creditor we have acquired the rights but nt the duties of the creditor as defined 189 (1) of the CCA 1974 and accordingly are entitled to pursue the customer for the monies that remain due by reason of 136 of The Law of Property Act 1925".

What is that suppose to mean? can anyone help?

Thank you very much