Robinson way - advice required

[Peachie1]

Hi I'm back again.

After i got such good advice on here with my last case i was hoping you may be able to advise me again. My husband has had another debt pop up and its old (or at least we think it is) It's from Robinson Way on behalf of O2 for £302.12.

We think the debt should be Statute barred as its from back in roughly 2001. After alot of moving around they have located him at our new address (we have only been married a year). I'm a bit scared to ring them in case they class that as acknowledging the debt. They have just sent another letter saying that if we pay £117.44 they will settle the account. As yet we have not contacted them at all, not even to confirm that we live at the address they have written to. BY them writing to us saying they will accept a lower amount is that because they know its not enforceable in court or are they trying to pull a fast one? I have heard so many horror stories i'm not sure what to do next.

Thanks

Peachie1

[Hurricane Puffrose]

Re: Robinson way - advice required

hiya hun,

if the debt is from 2001, and you havent acknowledged it for 6 years (7 in scotland) then its statuate barred.

The bad point is they can keep writing to you and saying you owe the money, then good point is, the letters make fantastic paper airplanes

LB advice is, file the letter under B for Bin.

P

[Bill-K]

Re: Robinson way - advice required

Hi Peachie,

Yeah, I think Puff has just about summed it up there. They can keep trying to get you to pay, but they can't pursue the debt in court if it's statute-barred. However, as Mr PeterBard recently explained, in Scotland it is a 5-year clock (not 7, but you were close, Puff !) - AND after 5 years, the debt becomes totally extinguished, so they can't even hassle you any more.

[Hurricane Puffrose]

Re: Robinson way - advice required

sorry Bill.. my bad

[Peachie1]

Re: Robinson way - advice required

Hi guys,

Thanks for helping. Should i write to them and say stop contacting us (in a polite manor) as the debt is SB. They have threatened a home visit before, which i know they can't really do if i don't let them in. I worry as the hubby works nights alot. I don't want to make matters worse by writing to them but i would love for them go play with the cars on the M25!!!!


Peachie

[Hurricane Puffrose]

Re: Robinson way - advice required

They wont come as its illegal.
DONT contact them at all, simply chuck the letter in the fire and ignore them, they have to right to request a payment but not to take any legal action against you at all.
If someone arrives, contact the OFT and report them, dont argee to anything or acknowledge them at all, but in all honesty the probability of them arriving is like -100%, the whole we will arrive on your doorstep bit is to put the frighteners on people that havent discovered Legal Beagles yet

[Bill-K]

Re: Robinson way - advice required

There are differing opinions on this, Peachie. But as Puff says - they don't call on you, it's just a 'frightener.' Puff's concurs with CurlyBen's, I think, in that it may well be better to just ignore these threatograms. In that respect, I agree, as it might possibly be taken as acknowledgement of the debt if you respond to them incorrectly. CurlyBen often recommends sending a final 'prove it' letter before you start ignoring them - and I agree with that, as it gives them one last chance to show that they have the right to pursue the alleged debt. Below is my own version (which has stood me in good stead over the years !) - but there are other (and better) ones around. CurlyBen's are good. Mine is not technically accurate - but has never failed, as DCA's are not 'technically accurate' either !!!
" Dear XXXX

Alleged Debt to XXXX - Client Ref: XXXX

I acknowledge receipt of your recent letters, demanding money and threatening me with litigation.

If I am to treat your demand with any seriousness at all, then I must insist that you arrange for the Original Creditor - allegedly and presumably XXXX - to DIRECTLY provide me with FULL details of this alleged debt, along with a proper Notice of Assignation of the same to yourselves.

If you are indeed a legitimate DCA, then I am sure that you will be aware that this is not just a matter of common courtesy - but is a legal requirement. Until such time as you can supply clear proof that this alleged debt exists and is lawfully enforceable, AND that you have been lawfully and properly authorised to pursue it, then I would politely – but firmly - suggest that you refrain from threatening me with litigation.

Should you attempt to pursue this matter through the courts, then please be aware that the court will require certain pre-action protocols to be observed. This includes viewing the conduct of all parties in the matter prior to the claim being submitted. I am not sure that the court would view the conduct of your client or yourselves thus far in a very favourable light.

As things stand, I have no indication of what this sum of money is for, nor whether you have any authority to request it from me. I am sure, therefore, that you will see that the only sensible action I can take is to treat your claim as fraudulent, which – incidentally – is why your original letter was treated with the contempt it appeared to deserve, and was simply ignored.

I appreciate that you may well be doing a difficult job with the sincerest of intentions. However, I must ask you to similarly appreciate that there are a great many fraudulent operations in the field of Debt Recovery, and that I must - with all due respect - assume that your demand is fraudulent. Therefore, unless and until you can provide the lawfully-required documentation to support your claim WITHIN 14 DAYS of the date of this letter, it will be deemed by default that you have confirmed your abandonment of this pursuit.

I am sorry to have to take this stance with you, but I have been defrauded before, and am so much the wiser for that. Please be advised that further unlawful attempts to obtain money from me will be referred to the Police as fraudulent.

Yours sincerely "

Get a 'Proof of Posting' Certificate by taking it to a Post Office. It's free (!!!)

After that, it would seem fair to ignore them. At least it is then down on record that you made an effort to establish the existence of the alleged debt, and offered them the opportunity to do so, too. It may come in handy later.

[labman]

Re: Robinson way - advice required

Always knew you were a crafty one Bill, that letter confirms it, but I love it!

[Bill-K]

Re: Robinson way - advice required

LOL - Cheers, Labman !!! I think it may have been your good self who pointed out the technical errors (due to more recent statutes) a while ago.

I would be interested in updating this template to account for these, if you have the time, sir. Be good to get CurlyBen's input, too, as I think a good generic 'Prove it' letter would be worth working on.

[labman]

Re: Robinson way - advice required

It was DavyB actually, but I did an amended up to date version because of what was pointed out. It was not the Prove it letter, it was the Statute Barred letter. :beagle:

[Bill-K]

Re: Robinson way - advice required

Apologies and thanks, Labman. That DavyB is one mean critter.

Whatevva....

Can we do a "modern" Prove It letter ?

Seems like a useful exercise.

[labman]

Re: Robinson way - advice required

I think I've got one somewhere, though I like your approach - very humble, but still puts them on the spot. That's a neat little way with words, but I've told you before you should have been a writer!

[Captain Haddock]

Re: Robinson way - advice required

hiya hun,

if the debt is from 2001, and you havent acknowledged it for 6 years (7 in scotland) then its statuate barred.


P

What exactly do you mean by 'haven't acknowledged'?

[miliitant]

Re: Robinson way - advice required

What exactly do you mean by 'haven't acknowledged'?

it means you have not acknowledged by making a payment or a letter admitting the debt

[Bill-K]

Re: Robinson way - advice required

That's about it, I believe, Cap'n. Enquiries don't seem to be regarded as acknowledgement. But be careful - be economical with your words.