Robbinson way! chasing old HSBC joint business loan

[RW Fugitive]

Hi Guys,

 

1st post... been reading loads over the last few weeks... here goes...

 

In October 2003 Myself and a business partner (Lets call him Mr X) took out a joint loan of £10k to help purchase a business.

 

We were desperate for the £10k as it was a shortfall in the amount we needed to get things up and running..

. anyway HSBC wouldn't give us a loan in the company name,

but only a "small business loan" which we would be personally liable..

we were desperate and took the loan out.

 

In June 2004,

I left the business (resigned as Director) and Mr X carried on with the business and the loan..

. the business was sold in early 2005 and I've never spoken to Mr X since and don't know where he is anyway.

 

.. I sold my house to pay some other personal debts off and moved in with my partner.

.. I don't own anything now..

 

Now since early Feb 2009,

Robinson Way are chasing Mr X at my new address by letter and Telephone,

but also writing to me about the debt...

in the letters they say "ExHSBC" for amount £15k+ then MR X's name, but not mine.

 

Are they just phishing for Mr X or do you think they want me to pay this debt?

 

I've sent his letter back as "not known at this address".

I know I'm probably liable for this debt too, but I haven't paid anything towards it or acknowledged it since about March 2004.

 

I'm really worried now and can't sleep... getting at least 3 automated calls a day from Robbers way & ****....

[hughes690]

A great new name for this lot: Robbers Way ****!

 

Reckon they are just phishing - but be careful though not to discuss account/debt on telephone.

 

I am at the stage of threatened Robbers Way **** 'Field Representative' doorstep visit . . .

 

. . . bring 'em on!

 

[Pinky69]

If it says EXHBSC it means that Robinson Way have bought the debt. They seem to have got their wires mixed up, with his name and your address. You are perfectly within your rights to keep returning the letters as they are not addressed to you. Send them the telephone harrassment letter but don't sign it:

 

Dear Sirs

 

Harassment by telephone

 

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. You appear to be trying to contact a Mr X who does not reside at this address.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

I personally use the BT Choose to Refuse service, which is very good. Once RW phone you and you have their number, you just punch in a pin to the service and that number is automatically blocked from getting through to you. Simple and effective.

[RW Fugitive]

If it says EXHBSC it means that Robinson Way have bought the debt. They seem to have got their wires mixed up, with his name and your address. You are perfectly within your rights to keep returning the letters as they are not addressed to you. Send them the telephone harrassment letter but don't sign it:

 

Dear Sirs

 

 

Harassment by telephone

 

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. You appear to be trying to contact a Mr X who does not reside at this address.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

I personally use the BT Choose to Refuse service, which is very good. Once RW phone you and you have their number, you just punch in a pin to the service and that number is automatically blocked from getting through to you. Simple and effective.

 

Thanks Pinky69... do you think it would be better for my partner to send the letter about the 'phone calls also as we both(myself & Mr X) took the loan out I'm thinking they may have a case for me being liable for the loan still?

Edited March 5, 2009 by RW Fugitive
clarity

[twofoot]

Good point. Get your partner to sign it with her initial & surname, no MRS or 1st name.

[RW Fugitive]

Good point. Get your partner to sign it with her initial & surname, no MRS or 1st name.

 

Will do...thanks twofoot.. will let you guys know what happens...

[questioning]

hi,

Yes you obviously are liable and they will go for either of you or both of you.

Looks like they haven't been able to locate Mr. X either.

As this is approaching stat barred you need to keep your head down.

I surmise Mr. X doesn't know where you live. OR has Mr. X been contacted by them and sent letters back with his name on but saying not at this address, and giving your address as the address to re send them to. He may of done this to put them onto you. Obviously he could only do this if he knew your new address.

 

I had a DCA phoning for some guy we never new, They said it was this number so he must live there. We had honestly never heard of him and it was nothing to do with us. I told them to check the electoral list, and stuff like that. After a number of calls for about a year they gave up.

We never had letters for this guy though.

I am just waffling to show how very confused these DCA's can get, and how they can get their facts completely wrong.

Edited March 21, 2009 by questioning
shortened post

[RW Fugitive]

hi,

Yes you obviously are liable and they will go for either of you or both of you.

Looks like they haven't been able to locate Mr. X either.

As this is approaching stat barred you need to keep your head down.

I surmise Mr. X doesn't know where you live. OR has Mr. X been contacted by them and sent letters back with his name on but saying not at this address, and giving your address as the address to re send them to. He may of done this to put them onto you. Obviously he could only do this if he knew your new address.

 

I had a DCA phoning for some guy we never new, They said it was this number so he must live there. We had honestly never heard of him and it was nothing to do with us. I told them to check the electoral list, and stuff like that. After a number of calls for about a year they gave up.

We never had letters for this guy though.

I am just waffling to show how very confused these DCA's can get, and how they can get their facts completely wrong.

 

 

I know... will keep my head down me thinks... They keep asking for Mr X on the 'phone... but the last call was also for me too .

 

If they start to get heavy then I'll have to start with the CCA request etc and play for time as it's maximum 11 months until this will be SB...

Edited March 22, 2009 by RW Fugitive
dates wrong

[RW Fugitive]

Well... 'phone calls continued, but bought the TrueCall device so blocked their calls... such a great bit of kit!

 

Got letter last week saying they are going to pass the account over to their door step collectors I'm guessing the letter for Mr X is the same....

 

I know they have door-step collectors, but can they send someone if I haven't confirmed who I am? Do they have to make an appointment or can they just turn up????

[never-in-doubt]

Well... 'phone calls continued, but bought the TrueCall device so blocked their calls... such a great bit of kit!

 

Got letter last week saying they are going to pass the account over to their door step collectors I'm guessing the letter for Mr X is the same....

 

I know they have door-step collectors, but can they send someone if I haven't confirmed who I am? Do they have to make an appointment or can they just turn up????

 

By law they can turn up but only to ask for directions or similar - they cannot and have no legal right to enter your property. If anything just ignore the door and wait for statute barred (6yrs after last payment).... the doorstep collectors have no rights, you politely tell them to leave from an upstairs window. Remind them if they do not then you will call the police and have them removed under trespass - you have to warn them first then you can call the police and say you're scared as there are men/a man at your door refusing to leave.....

Edit - ** only certified bailiffs ** Think of these **** as vampires - once you invite them in they can then legally enter through an opening (window/unlocked door etc) so never ever let or invite them in! If you open the door and they shove a foot through then bad luck, thus I suggest you speak from upstairs window or ignore em! If they are not certified bailiffs they cannot enter - period. Edit - ** thanks to questioning for this fact #16 **

 

If they start to peer thru letterbox spray air freshener in their face (from a distance) - this gets rid of them!

 

Edit above - was a flippant remark.... obviously don't spray anything in anyones face :-?

 

HTH ;-)

Edited April 9, 2009 by never-in-doubt

[RW Fugitive]

By law they can turn up but only to ask for directions or similar - they cannot and have no legal right to enter your property. If anything just ignore the door and wait for statute barred (6yrs after last payment).... the doorstep collectors have no rights, you politely tell them to leave from an upstairs window. Remind them if they do not then you will call the police and have them removed under trespass - you have to warn them first then you can call the police and say you're scared as there are men/a man at your door refusing to leave.....

 

Think of these **** as vampires - once you invite them in they can then legally enter through an opening (window/unlocked door etc) so never ever let or invite them in! If you open the door and they shove a foot through then bad luck, thus I suggest you speak from upstairs window or ignore em!

 

If they start to peer thru letterbox spray air freshener in their face (from a distance) - this gets rid of them!

 

HTH ;-)

 

 

Thanks N.I.D

 

I certainly won't be answering the door to them!.....let's see what happens....

[diamondgirl]

Hopefully your not on the electoral role. They check to see.

 

As stated keep your head down don't the robbers near. DG:)

[RW Fugitive]

Hopefully your not on the electoral role. They check to see.

 

As stated keep your head down don't the robbers near. DG:)

 

 

I'm on the electoral roll, but only on the full and not the edited version... will they carry out a credit check to find me? I thought they can only check (the full version) if I allow them for the purpose of obtaining credit?

Edited April 7, 2009 by RW Fugitive
clarity

[diamondgirl]

I always thought that but they can and do.

Have you check out the electoral roll on I think its 192 search of people to see if it comes up on that?

Don't worry you will get plenty of help on here from the CAGs.

DG

[RW Fugitive]

I always thought that but they can and do.

Have you check out the electoral roll on I think its 192 search of people to see if it comes up on that?

Don't worry you will get plenty of help on here from the CAGs.

DG

 

 

Thanks DG,

 

Yeah, checked that and only my partner comes up and not me 8)

 

EDIT: Just double checked and only comes up with my old address from 3 years ago and not my current 8)

Edited April 7, 2009 by RW Fugitive

[questioning]

By law they can turn up but only to ask for directions or similar - they cannot and have no legal right to enter your property. If anything just ignore the door and wait for statute barred (6yrs after last payment).... the doorstep collectors have no rights, you politely tell them to leave from an upstairs window. Remind them if they do not then you will call the police and have them removed under trespass - you have to warn them first then you can call the police and say you're scared as there are men/a man at your door refusing to leave.....

 

Think of these **** as vampires - once you invite them in they can then legally enter through an opening (window/unlocked door etc) so never ever let or invite them in! If you open the door and they shove a foot through then bad luck, thus I suggest you speak from upstairs window or ignore em!

 

If they start to peer thru letterbox spray air freshener in their face (from a distance) - this gets rid of them!

 

HTH ;-)

 

You are wrong about this info you've given.

A door step collector has no rights and cannot enter your home through an opening if you have previously let them into your property.

It is only a certified bailiff that has such rights not a DCA's door step collecting agent.

Edited April 8, 2009 by questioning
made text bold.

[never-in-doubt]

I think you're wrong about this info you've given.

A door step collector has no rights and cannot enter your home through an opening if you have previously let them into your property.

It is only a certified bailiff that has such rights not a DCA's door step collecting agent.

 

Yes sorry, you're right but still the same outcome, they have no right of entry!

[Pinky69]

Spraying air freshener in someone's face, whether from a distance or not, is a stupid, dangerous thing to do. CAG does not condone assault. Open the door and tell them they have 30 seconds to leave or you will call the police.

[never-in-doubt]

Spraying air freshener in someone's face, whether from a distance or not, is a stupid, dangerous thing to do. CAG does not condone assault. Open the door and tell them they have 30 seconds to leave or you will call the police.

 

LOL get a grip - its a joke and if you can't see that then wash the air freshener out your eyes

[Pinky69]

You are the one that needs to get a grip. If it was a flippant remark it was in very bad taste and someone could have taken you seriously.

[never-in-doubt]

You are the one that needs to get a grip. If it was a flippant remark it was in very bad taste and someone could have taken you seriously.

 

flippancy is my forte.....

 

seriously, its one of those expressions similar to 'i'll kill him' - the person doesn't actually mean they will kill them do they? Jees.... one ponders whether my taking alcohol intovenously is necessary (in volume) to get over such seriousness of said offence

[RW Fugitive]

I'm on the electoral roll, but only on the full and not the edited version... will they carry out a credit check to find me? I thought they can only check (the full version) if I allow them for the purpose of obtaining credit?

 

Does anyone have any advice on this? I'm worried now... keep jumping everytime the doorbell goes

Edited April 9, 2009 by RW Fugitive
spelling!

[Pinky69]

They can and do check the electoral roll. At the moment they seem to be confused so I wouldn't worry about anyone coming to the door.

[Uptotheneck]

Can I just say, I have personal experience of Robinson Way doorstep collectors. This was a few years ago, before I was aware of this site.

 

At this time I thought one of my other debts was going to make me bankrupt, which I told the chap, he wrote it on his book. We had a really good chat, he was not aggressive in the slightest. Apparantly he was made bankrupt a few years before and knew the situation. I have not heard anything from them since.

 

Regards

 

David

[RW Fugitive]

They can and do check the electoral roll. At the moment they seem to be confused so I wouldn't worry about anyone coming to the door.

 

Thank you Pinky69