Debt claim...1 year on...

[malimner]

Hello,

Jut over a year ago, we received notice from Robinson Way to had taken a debt over from Lowells claiming we owed £1700+ from a debt originally from HSBC. We sent in a letter asking for evidence of this debt. Since then they have written every month claiming they are still looking for the evidence.
A few months ago I complained to the Ombudsman, who replied back stating that as I havent had the final response Robinson Way had 8 weeks to reply.
They didnt reply, so I complained again.
This morning we had a letter stating that they have forward part of my complain to HSBC who said they were unable to provide a copy of the credit agreement or overdraft facility letter. They advised that the outstanding balance relates to a personal loan and bank account - but the letter did not provide any more information. My complain has been forwarded to the relevant dept at HSBC.
This letter is now Robinson Way's 'final response'.

Can anyone advise please - what does this actually mean?
Time limit - they have been 'looking' for evidence the debt is actually ours for over 12 months - surely this is long enough?
Is there anything I can do to close this?

many thanks in advance

[Amethyst]

How old is the debt ? ( when did the loan and/or overdraft default ?)

You could probably settle the debt for a % ( say 30% ) or ask Hoist/ Robway to cease contacting you until such time as they can provide evidence of the debt.

Re FOS - you can go to them 8 weeks from making your complaint if you haven't had a reply to a formal complaint - or, as it seems to be, they haven't reached a final resolution. You want to tell FOS what resolution you want - so cessation of contact and write off of debt/closure of account.

Normally when a credit agreement doesnt doesn't exist the letter informing you of such states the debt is unenforceable but they will still chase you - not sure if you had sent a formal cca request with a £1 though ?

[malimner]

thanks for the reply. We arent sure how old the debt is - we are disputing it is even ours.
Sorry - what is a formal cca request with £1?

We did ask for cessation & write off, but FO said they couldnt without a final response.As they have now sent this, I guess I can send this in - but I wonder what the impact of Robway saying they have sent it to HSBC?

Does the 'final response'mean they have washed their hands of it and handed it back to HSBC?

many thanks

[Amethyst]

https://legalbeagles.info/library/gu...etter-example/.

That is the cca request - worth sending to Hoist as while they can't comply they could not enforce the debt.

Have Robway said the have contacted hsbc for the documents /info or have they said the debt has been returned to hsbc ?

Maybe a pic of the letter will help clarify the situation.

What was your complaint to the ombudsman btw - that RobWay were chasing a debt but hadn't evidenced it ?

[malimner]

i have been trying to upload with no luck - i followed the instructions but to no avail - my file size is too big? Its just a pic on my phone

[malimner]

[malimner]

[malimner]

Amethyst what do you think?

[Amethyst]

i have been trying to upload with no luck - i followed the instructions but to no avail - my file size is too big? Its just a pic on my phone

Ahhh yes, phone pics are often too high res making them a little bit large to upload - I get round it by doing a screenshot of the photo and uploading that - I'll add that to the instructions.

[malimner]

Hi Amethyst, if you look further down the thread thread I shared a couple of images .

[Amethyst]

Sounds fair enough - they've shifted the complaint over to HSBC and admit they are unable to provide the agreement on which their claim is based.



Personally, I would send a CCA request now to Hoist directly and leave it at that. The CCA request means that if they cannot provide the agreement on which the debt is based they are unable to obtain a judgment against you ( so long as you respond to any court claim saying so of course ).

[malimner]

Many thanks for your help

[malimner]

Actually having looked at your CCA link, is the CCA relevant as they say it may be due to a a bank account or overdraft? Therefore no credit agreement?

[malimner]

Hi Amethyst

today I received a letter from HSBC saying it was from a loan that closed in 2007, but s this is greater than 7 years ago, they no longer have the documentation related to the loan.

Am I to assume that as they have no evidence and will not be able to produce any, this 'debt' is unenforcable?

many thanks

[Amethyst]

The Loan element of the 'debt' would indeed by unenforceable, and if the loan ended in 2007 and you haven't acknowledged ( agreed you owe it ) or made any payments since then, then it would be statute barred.

Are Hoist/RobWay still bugging you at all ? You could wait see what they say next and then go back and say, look, it's stat barred, and there are no documents so unless and until you can show otherwise, cease contacting me about it.