London Scottish / Robinson Way

[sw1tchMod3]

Hi all,

 

I've been on this superb site for quite a long time as a viewer but now need a little help.

 

I have had lots of contact from Robinson Way in the last few months demanding payment of over £7,000 for a debt that I owed to London and Scottish Finance for a Hire Purchase Agreement.

 

I had a lot of correspondence from Robinson Way about two years ago. I asked for proof of debt and sent off template letters and I received some attempt at showing me the agreement, albeit not in the prescribed terms as it should have been. Then, Robinson Way seemingly forgot about the debt until a few months ago when they started getting in touch again.

 

The letters are always in the same format, debt owed to London and Scottish, passed to Robinson Way and then passed again to Horwich Farrelly, their in-house legal team. A payment was last made to L & S in late 2007 and not a penny since. The letters warn me that I may be going to court soon if I don't pay up in full.

 

Here's the interesting thing. This debt does not show in ANY form on ANY of my credit reports. Not Experian, Equifax and Call Credit. Furthermore I haven't responded to Robinson Way in any way recently...but how should I proceed going forward?

 

Specifically:

 

- The debt isn't statute barred as the last payment was late 2007. It will be statute barred later on this year.

- Can Robinson Way / Horwich Farrelly add the agreement / defaults to my credit report after all this time? Or is it too late now?

- How should I respond to RW after all this time, yet again?!

 

Any advice most gratefully appreciated.

 

Thanks

 

SM

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

This basically means the default has been removed, ''all defaults are removed on the 6th anniversary of the default date paid or not''.

So it would seem the last payment was made some what earlier than late 2007.

If this is the case no further entries can ever be made on dredit files.

 

When was the last letter from RW received?

[sillygirl1]

Ignore them. London and Scottish went into administration ages ago (and never came out of it as far as I know), had your debt been enforceable they would have tried ages ago.

 

If the debt is not showing on your credit report then I would not worry - it would appear to be statute barred NOW rather than the date you seem to think.

 

If they do write again tell them it is statute barred and that they will not be receiving anything from you now or in the future.

[sw1tchMod3]

Hi both - thanks for your reply.

 

The last RW letter was received about 3 weeks ago. Same poor standard of communication as always.

 

With regards to the credit records...the debt / loan has NEVER been listed throughout the whole period from the start of the HP contract right through until now. So, even though it has been defaulted technically, there has NEVER been anything to show. How do I stand therefore?

 

Thanks again

 

SM

[BRIGADIER2JCS]

OK this letter does it state that RW are acting on behalf of London Scottish???

You have never had a copy of the agreement that properly complies??

 

I suggest sending the following to the Compliance Manager at RW.

 

Ref: use the one on their letter.

 

Sir,

 

I refer to your letter dated xx xx xxxx in regard to a debt for £xxxx.xx which you allege is owed by me in relation to a London Scottish account, please take note I do not acknowledge any debt to Robinson Way or any compamy it may claim to represent.

 

Robison Way have over a number of years pressed for payment of this alleged debt, but at no time has the company provided any compliant document that proves that I have any liability for this.

 

Given the lengthy history of this matter and said lack of proof of of any liability I would suggest that Robinson Way should now cease its' attempts to collect the alleged debt.

 

This matter is formally disputed.

 

send i recorded delivery.

[dx100uk]

bet you've got ppi on it

 

the administrators of ls have coughed a couple of times on ppi reclaims recently

 

dx

[sw1tchMod3]

OK this letter does it state that RW are acting on behalf of London Scottish???

You have never had a copy of the agreement that properly complies??

 

I suggest sending the following to the Compliance Manager at RW.

 

Ref: use the one on their letter.

 

Sir,

 

I refer to your letter dated xx xx xxxx in regard to a debt for £xxxx.xx which you allege is owed by me in relation to a London Scottish account, please take note I do not acknowledge any debt to Robinson Way or any compamy it may claim to represent.

 

Robison Way have over a number of years pressed for payment of this alleged debt, but at no time has the company provided any compliant document that proves that I have any liability for this.

 

Given the lengthy history of this matter and said lack of proof of of any liability I would suggest that Robinson Way should now cease its' attempts to collect the alleged debt.

 

This matter is formally disputed.

 

send i recorded delivery.

 

The letter itself lists the 'client' as London Scottish Bank that RW are acting on behalf of to collect.

 

I'll send the cease letter - thanks.

 

Any thoughts on the lack of info on credit report? Is it good? Bad?

 

SM

[BRIGADIER2JCS]

Lack of CRA GOOD imo.

[sw1tchMod3]

Hi guys,

 

Could I ask a couple more things?

 

1. I'm not overly sure what the best course of action is should the agreement turn up if I ask for it from RW? I haven't asked yet but could do. The original vendor (where the agreement was signed) has long gone into administration without trace, the creditor (London and Scottish) has gone into administration obviously...I'm just left with RW and Horwich Farrelly (their in-house legal team). If the forms turn up then what's the best course?

 

2. Can RW / Horwich Farrelly push for things like a CCJ even though there's no default? How does this bit work?

 

Thanks very much - really appreciate your help.

 

SM

[BRIGADIER2JCS]

1,Yes to the CCA

2. Too late for CCJ now imo.

[sw1tchMod3]

Thanks Brigadier.

 

I will send off a 'prove it or cease collecting' letter this week...if the agreement comes back I'll post it up for inspection. I'll also claim back the PPI on it

 

Are there hard and fast rules for CCJ's? Surely to add a default or CCJ now after over 4 years is not accurate reporting is it?!

 

Thanks

[Bazooka Boo]

As Brig said, I wouldn't worry too much about a CCJ, this would have been done a lot sooner by the original creditor if they thought there was any substance in doing so.

[BRIGADIER2JCS]

A judge would want to knw why it had taken so long to take action.

[sillygirl1]

Robinson Way were part of London and Scottish and got bought out when L&S went into administration. Their address used to be London & Scottish House, don't know if it has changed lately.

 

Stop worrying about what might happen and deal with what IS happening. You can stop the letter chain by not writing to them and ignoring their tantrums.

[sw1tchMod3]

So, quick update on this. Horwich farrelly / RW have replied.

 

Last week a photocopy of an agreement turned up from 2005. This was accompanied by terms and conditions on a seperate sheet of A4 and then three pages of account transactions. No details of account numbers, just dates, amounts and balance each time. Then a default in mid-2008.

 

I'll scan it up tonight and redact all the sensitive bits. Any thoughts on the next move? Surprised they have manage to find the agreement? Re-checked all three credit agencies, not a mention of LS / RW through 2005 to today.

 

Thoughts?