Robinson way and no documents??

[Closetchimp]

Hi.. I'm after some advice if poss.. But first a bit of background info.. About 5 years ago me and me ex wife separated. While doing so I went through our finances and took over a payment she was making to HSBC through Robinson way...I didn't now much about it but said I'd take over it to help her financially (we parted very amicably and have children so wanted to help out as much as poss). Anyway I paid this for about 2 years til may 2012 at which point we were finalising the divorce and while going through my finances my solicitor at the time asked me what this was for. As I didn't really have much idea so I asked the ex for the original documents, but was told she had no records for it. So knowing that I'm legally entitled to them I wrote to Robinson way and requested them. After a stalling letter and then a further request from myself I received a letter a few months back saying.. And I quote

 

" we have been informed that we are curry unable to obtain a copy of the original agreement from the original creditor. Whilst this means that the debt is unenforceable through the courts, it does not mean the debt does not exist or that we are not entitled to pursue you for the sums outstanding. Please find enclosed a statement of the account showing previous payments made accepting liability of this account"

 

So I'm a little confused.. I explained in my original letter to them why I was requesting the documents and as they can't provide them I can't be totally sure I'm listed on the original documents. And also as they say it's unenforceable through the courts where do I go with this?? Since then I've received a letter asking me to continue paying.. And another one saying they are going to instruct a door step collector to come and arrange a payment plan. So as you can see I'm just a bit confused as to what to do next given the letter they sent me...any advice would be greatly appreciated. Thanks

[rebel11]

Hi close

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[renegadeimp]

Theyve already admitted it is unenforceable so dont pay them a single penny. They are playing the morality trick on you. Basically " We know we cant make you legally pay for this, so we're going to try and guilt trip you into it".

 

Pity oft guidance says otherwise. Should they continue harassing, get the harassment letters off. basically theyre ****ed off you called their bluff and know they have never been able to legally collect, but they still want free money off you.

[Closetchimp]

Thanks.. See that's what I thought.. I've worked hard for the last 4ish years (working two jobs and all the hours of the week) to get myself to a point where I'm almost out of debt ( only 1cc to go). And im a little worried that after all that hard work and pure exhaustion.. Rw are gonna throw a spanner in the works and somehow throw me back into paying for a debt I'm not even sure what for or how I'm linked to.. Hence the reason for asking for the original documents. So your advice is to ignore the scavengers and fire off the harassment letter if I feel it's being to bothersome then.

[maroondevo52]

Thread moved to Debt Collection Forum.

[BRIGADIER2JCS]

Was this a joint account or did you just agree to pay RW instead of your ex doing so.

[Closetchimp]

Well I wasnt really aware of it before the split.. She handled all the finances (which, yes I know is a little silly of me, but that's how we ran things. Lesson learnt) Apparently it was for a debt of somekind from HSBC going back well over 10 years.. Probably approaching nearer 15. And according to rw it was a joint debt. I decided to pay it as she had been, to help her out as I was more able than her at the time of the separation. And that's all I know..

[BRIGADIER2JCS]

Well I wasnt really aware of it before the split.. She handled all the finances (which, yes I know is a little silly of me, but that's how we ran things. Lesson learnt) Apparently it was for a debt of somekind from HSBC going back well over 10 years.. Probably approaching nearer 15. And according to rw it was a joint debt. I decided to pay it as she had been, to help her out as I was more able than her at the time of the separation. And that's all I know..

Really to late for a SAR to HSBC after all this time unfortunately.

 

 

When did RW last contact you?

[Closetchimp]

Sorry.. Bit of a noob. What's a SAR??

[Closetchimp]

Last letter I got was about 2 weeks ago saying that a door step collector would come round to sort out a payment plan.

[renegadeimp]

Ignore them, send the telephone harassment letter and the doorstep collector letter. They need to learn that you wont be paying so theyre wasting their time chasing you.

[Closetchimp]

Thankfully I already did the telephone bit.. Stated that I would only communicate by letter in my original letter to them. I'll look up the doorstep one and fire that off as well.

[BRIGADIER2JCS]

Last letter I got was about 2 weeks ago saying that a door step collector would come round to sort out a payment plan.

 

 

SAR Subject Access Request made under The Data Protection Act 1998 used to obtain all personal data that the creditor holds on you and the account, (click on the link SAR)

 

What do you want to do?

1. Write and state that you are not sure that you are liable for the account and you will not consider any further payments until they provide unequivocal proof that you do have a liability. Also refuse any " doorstep" visits.?

2. Ignore, and keep receiving letters?

[Closetchimp]

Oh.. Definitely the first.. Bit more of an effort on my behalf.. But rather that than keep clogging up my letter box with paper

[BRIGADIER2JCS]

Go for it!! Let me know if you need help with a letter.

[Closetchimp]

So as with a lot of the communication you have with dca's, there's usually a specific way of setting out a letter. Is that so with this.. Or should it just be roughly as you've described?

[ims21]

In the CAG library you will find letters for

 

Telephone Harrasment

 

Doorstep Visits

 

Prove it Letter

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?403-CAG-Library

[Closetchimp]

Thanks ims.. I'll have a look through them. And thanks brigadier.. Any help is appreciated.. Never really had to deal with a dca like this.. If I've owed something.. I've always paid it back.

[renegadeimp]

DCA's will use any trick in the book to get you to pay. Their entire industry is based around lying, threats and intimidation and hoping the debtor does not know their legal rights.

[Closetchimp]

Exactly.. And that's why I'm extremely grateful for the help.. Thanks guys