Robinson Way/Statute Barred

[sparky001]

I have had several letters recently from Robinson Way regarding a debt from Abbey National wich goes back about 8 years. I have replyed to them with the template letter for Statute Barred cases.

Robinson Way have replyed stateing they dont think my debt is Statute Barred and that they will proceed with legal action if i dont pay up.

 

Given that the debt (almost £2000) is almost all made up of bank charges from my account with Abbey, can they do this? If i was able i would have claimed these charges back, but as they were 8 years ago i thought i would not be able to.

 

Can anyone help please?

[Michael Browne]

If you haven't acknowledged that you owe anything or made a payment in the last 6 years, then you're home free. The balls in their court, sit back and wiat to see if they've got the courage of their convictions.

[diskmandave]

It also contravenes the OFT's debt collection guidance to continue to pursue a debt once you have stated that you won't be paying it because it is Statute barred.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

 

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be carrying out further work on this aspect of debt recovery including analysis of relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and

• 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.

 

Maybe a trip to your local Trading Standards service is in order?

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Hope that helps.

[sparky001]

Cheers guys i will sit back and await there responce.