Robinson Way Letter on a tesco credit Card I don't remember having!

[PaulCanning]

HI all new here.

 

had a letter 10 days ago saying that a tesco card debt i apparantly owe money on is due to someone called HPH2 adn robinson way are to collect on it. I ignored it to be honest feeling it was a [problem] as i don't remember having a tesco card ever.

 

a new letter came today with a list of payments I can make and to contact them so i did and spoke to a chap about this telling him i don't remember having one and could he tell me more.

 

He said that the last time i paid it was a payment of £70 in July 2010! and I took it out in 2007!

 

I have had problems with cards in the past and dont have any credit cards anymore, just a nice simple visa debit with nationwide.

 

I told him i genuinely dont remember this card as its a supermarket one, i do remember hsbc (which im paying off) and a barclaycard and even a mint card(dont even know if they exist anymore).

 

So he's put things on hold and is requesting information from tescos for a credit agreement.

 

Can anyone advise me on what to do?

 

Sorry if this seems a bit daft but im worried about a card i supposedly had thats not had a payment for coming up to 6 years suddenly popping up out of the blue!

[Bazooka Boo]

Well first things first STOP talking to the fleecers over the phone.

 

If they ring, laugh and hang up.

 

Keep everything in writing, and keep a diary of events.

 

Have you checked your credit file?

 

This is only four months away from being time barred.

 

Have you reclaimed all of the charges on the other cards before you started paying them?

Did you demand they CCA for these cards?

[PaulCanning]

Hi all, sorry for not replying, been a bit stressed with family life to be honest and work and thought I would get a letter from these guys within a week and would be back, guess what?

 

I got a letter before the weekend (dated august 17th) so it's been 5 months since they said theyd look into it!

 

so they have sent me what they says a copy agreement and says :

 

Please note if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy my be provided

 

Im not sure what this means but they have included a 2 page poor photocopy of what looks like a credit card application with my name and correct birthday etc and the signature does look similar to mine but not 100% actually sure it is mine if you see what I mean?

 

I really dont know what to do now, especially as theyve apparantly not provided me with any original credit agreement etc?

[obiter dictum]

Was the card taken out before April 2007,?? If not they can send and use a reconstructed agreement. I would send them a letter by recorded delivery now saying you do not recognise this account as it is now Statute barred under section 5 Limitations Act 1980

 

5 Time limit for actions founded on simple contract.

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

And stay off the phone and do not talk to them or acknowledge anything. You just scraped through this time but phoning them Could could have made this debt enforceable if you sent them a letter or made a payment on the phone

 

Good job for you neither happened but wait for some more replies as well,

[BazzaS]

He said that the last time i paid it was a payment of £70 in July 2010! and I took it out in 2007!

 

...........

 

Sorry if this seems a bit daft but im worried about a card i supposedly had thats not had a payment for coming up to 6 years suddenly popping up out of the blue!

 

Hi all, sorry for not replying, been a bit stressed with family life to be honest and work and thought I would get a letter from these guys within a week and would be back, guess what?

 

I got a letter before the weekend (dated august 17th) so it's been 5 months since they said theyd look into it!

 

so they have sent me what they says a copy agreement and says :

 

Please note if an original credit agreement was not available, under the Consumer Credit Act a reconstituted copy my be provided

 

Im not sure what this means but they have included a 2 page poor photocopy of what looks like a credit card application with my name and correct birthday etc and the signature does look similar to mine but not 100% actually sure it is mine if you see what I mean?

 

I really dont know what to do now, especially as theyve apparantly not provided me with any original credit agreement etc?

 

 

If they haven't issued a court claim (rather than just talking about it!) within 6 years of the date of last payment / acknowledgement of the debt / when the cause of action arose (whichever is the latest of those), then it is statute barred.

 

If it is statute barred and they then start a claim you have an absolute defence.

[Bazooka Boo]

Do nothing!

 

Don't get into a game of letter tennis with them, and certainly don't fork out for RD when it isn't required.

 

This is robbers way we're talking about here, check your credit file for free, either use Noddle, or Clearscore, see what, if anything, is on your files.

 

This is SB now, and the longer you can string them along the better.

 

If the T&C's they photocopied are illegible, then they have failed to supply you with the agreement, end of.

 

Sit on your hands, check your CRF, and don't contact them, wait for their next begging letter.

[PaulCanning]

Thanks everyone for this help as im really quite worried about this to be honest.

[PaulCanning]

Was the card taken out before April 2007,?? If not they can send and use a reconstructed agreement. I would send them a letter by recorded delivery now saying you do not recognise this account as it is now Statute barred under section 5 Limitations Act 1980

 

5 Time limit for actions founded on simple contract.

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

And stay off the phone and do not talk to them or acknowledge anything. You just scraped through this time but phoning them Could could have made this debt enforceable if you sent them a letter or made a payment on the phone

 

Good job for you neither happened but wait for some more replies as well,

 

So, yes it would appear the date on the photocopy is 04-05-07 ( I checked to make sure it wasnt a sunday lol, but it was a friday) so assume that means they can send a reconstituted copy?

 

And on the sending letter due to expiry of the six years, ok not sent money or anything but does my contacting them (even though ive no memory of the card) not constitute them being able to enforce it somehow or am i being thick?

[Bazooka Boo]

There is nothing to worry about, seriously.

 

Firstly it's a non priority debt, if it ever existed in the first place.

 

And secondly, by their own admission, it is now SB so there is nothing they can do, no court, no reporting to the CRA's and damaging your credit file, ALL they can do is churn out silly little missives asking ever so nicely if you wouldn't mind paying them something to go in their profit pocket.

[PaulCanning]

If they haven't issued a court claim (rather than just talking about it!) within 6 years of the date of last payment / acknowledgement of the debt / when the cause of action arose (whichever is the latest of those), then it is statute barred.

 

If it is statute barred and they then start a claim you have an absolute defence.

 

So, does that mean a CCJ and how would I know if they had issued one as I don't believe ive ever had one from them? again, sorry if this is a silly question I genuinely appreciate the help.

[PaulCanning]

Think Ill wait and see what they send me next im sure that they will send something and then I guess replying and simply stating that they should stop harassing me for a statute barred debt would be the way forward and send it recorded too.?

[Bazooka Boo]

Check your credit files using noddle or clearscore, it's free.

 

Try not to get ahead of yourself and concerned with CCJ's.

 

In order for you to reset the clock, you will have had to have paid something or acknowledged this debt in ''writing'', contacting them over the phone doesn't reset the clock.

[Bazooka Boo]

Think Ill wait and see what they send me next im sure that they will send something and then I guess replying and simply stating that they should stop harassing me for a statute barred debt would be the way forward and send it recorded too.?

 

No, send nothing recorded delivery, stop wasting your money, the ONLY time you need to send anything to these clowns is IF they send you a claim form, they won't, but IF they do, come back here and you will be advised on how to respond to them.

[PaulCanning]

OK, points taken

 

What if they just keep sending inane letters saying im wrong and theyre right and I owe them money?

is there a way to stop that at all as I don't need the extra stress of it all to be honest.

[dx100uk]

they can still ask for payment

you can still ask them to go away.

 

 

the reason why you are getting letters is because you responded to their earlier threat-o-grams

and they still think that by sending one more cleverly worded threat-o-gram

you'll turn into a mug and pay them.

 

 

simply ignore totally

unless/until you get a claimform.

 

 

dx

[Bazooka Boo]

Don't read them, simple.

 

They will tell you the moon is made of cheese, so of course they're going to tell you you're wrong and owe the money, ignore them.

 

They go away eventually when they realise you're not going to play their silly game, hence why you don't get involved with their game of letter tennis.

 

Go and check your credit file and see if anything is on there.

[Old Cogger]

put them to good use i.e. use as a Kleenex

[PaulCanning]

LOL, ok thanks everyone, if they do send a claim form ill be back

[L1882]

Use the money you were going to spend on recorded delivery and get to Aldi, they have Firepits in @ £9.99, buy one and use it to burn their letters.

[PaulCanning]

OK, so another letter calling it a Pre Legal Assessement which has a smell of a threat o gram as dx100uk called it earlier I hope Im right.

 

Its saying my account may be transferred to Howard Cohen & Co solicitors who look like proper gits looking at a bit of googling about them which makes me think more and more its just a threat o gram?

[dx100uk]

ah their pre school letter

was it in red crayon...

 

 

dx

[Homer67]

Ignore, another threat o gram. A DCA is not a Bailiff and if they ever turn up at your home or ring you just laugh and shut the door in their face or hang up. Call the Police if they won't leave.

[ericsbrother]

May

ok, so another letter calling it a pre legal assessement which has a smell of a threat o gram as dx100uk called it earlier i hope im right.

 

Its saying my account may be transferred to howard cohen & co solicitors who look like proper gits looking at a bit of googling about them which makes me think more and more its just a threat o gram?