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Robinson Way - Home Visit

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  • #61
    Re: Robinson Way - Home Visit

    NOA's are considered to be a " generic" document, there is no obligation on a Debt Purchaser or
    the original creditor to store hard copies, a note on customers file stating that an NOA was sent is
    all that is needed.
    Debts are sold in bulk as portfolio lots a bank or loan/ card provider will sell off a portfolio of delinquent
    accounts with a face value of hundreds of thousands of pound to one debt purchaser, which will review
    take a view on which accounts are most likely to make them a profit, and chase them any " duff" debts
    will be flogged on the another debt purchaser in a portfolio of mixed debt.
    Some creditors will make a deal with debt purchaser to buy back debts on which a PPI claim has been
    made for instance.

    Bank charges are almost certainly dead in the water since the old OFT lost the bank charges test case, however charges
    on credit cards ( LP penalties) can still be challenged.

    If you feel an F&F offer of settlement is right for your circumstances please take advice on how to do it, needs to be carefully worded.

    nem

    Comment


    • #62
      Re: Robinson Way - Home Visit

      Originally posted by kelike28 View Post
      Morning FP and all.
      Morning kelike.

      Originally posted by kelike28 View Post
      Wrote to RW and they replied yest stating that Santander assigned all of its rights to Hoist in October last year.
      They included a letter which is headed Santander dated a few days ago saying we are writing to let you know your account has been sold to hoist and enclosed is a notice of assignment. There is no notice of assignment nor do I recall ever receiving one.
      Any ideas of my next step?
      Ta v muchly

      Actually just re reading the other letter it came with and this may be the notice of assignment. It doesn't say it at the top but in the details they write about the balance and the date it was sold and that under the data protection act they are now the data controller of the account
      Santander sold a lot of debts to Hoist, defaulted accounts are sold as job lots. Most notices of assignment are not headed as such but have the wording and details you describe above so that was it. RW must be acting as collectors for Hoist; like original lenders, debt purchasers can also hire someone else to do the dirty work for them, there would be an agreement between them for a certain amount of time to attempt recovery, after which the account would be returned to its owner.

      Although reclaiming charges isn't really an option as such, it can still be a bargaining tool when it comes to making a F&F offer. From what you say above, this account has another year or so to run before going statute barred. Can you remind me of when you got the final demand from Santander, i.e. when they decided to recall the overdraft? Making a F&F offer would reset the clock for the purposes of limitation as that would constitute acknowledging the debt, whilst asking for more information doesn't acknowledge it. It really is up to you whether you think you can keep it going for a year or so or whether you want to try and get rid of it with a F&F. :noidea:

      There isn't much mileage in challenging the assignment based on dates as you describe above, not unless this went to court.

      Comment


      • #63
        Re: Robinson Way - Home Visit

        Hi
        Thanks so much for such lengthy replies.
        I don't know when Santander recalled the overdraft. I don't remeber much to be honest Since moving a fair few times I may have missed something from them. It's only now I have RW contacting me that I know there us still a debt. If I thought I could hold out and it not go to a claim I would. I defiantly want to request more info anyway. How can I find out when OD was recalled? Santander or RW?

        Comment


        • #64
          Re: Robinson Way - Home Visit

          Originally posted by kelike28 View Post
          Hi
          Thanks so much for such lengthy replies.
          I don't know when Santander recalled the overdraft. I don't remeber much to be honest Since moving a fair few times I may have missed something from them. It's only now I have RW contacting me that I know there us still a debt. If I thought I could hold out and it not go to a claim I would. I defiantly want to request more info anyway. How can I find out when OD was recalled? Santander or RW?
          Definitely Santander, RW wouldn't have a clue or any historical data.

          Comment


          • #65
            Re: Robinson Way - Home Visit

            If you want to make an F&F settlement it can be done
            in a way that does not affect the 6 year limitations period.

            An offer is made " as a gesture of good will and without any admission
            of liability" . This is the phrasing used by DCA's when they have to make
            redress for any breaches of law and regulation.

            If you decide to take this path please let me know and I'll draft an offer
            letter for you.

            nem

            Comment


            • #66
              Re: Robinson Way - Home Visit

              Originally posted by nemesis45 View Post
              If you want to make an F&F settlement it can be done
              in a way that does not affect the 6 year limitations period.

              An offer is made " as a gesture of good will and without any admission
              of liability
              " . This is the phrasing used by DCA's when they have to make
              redress for any breaches of law and regulation.

              If you decide to take this path please let me know and I'll draft an offer
              letter for you.

              nem
              This is very interesting and something that would be most useful for a lot of people to know about and not just the OP. Most of us have got 'generous' discount offers from DCAs at one point or other. It would be very helpful if you could quote some cases you know about where it was established that an offer made on those basis did not reset the clock for limitation purposes.

              I've read quite a bit about F&Fs and relevant case law with regards to making them as watertight as possible in terms of not being pursued for the balance, however, I can't recall any authorities with regards to limitation.

              Comment


              • #67
                Re: Robinson Way - Home Visit

                It's a standard measure used in many types of financial settlement over many years,.

                The cases I deal with elsewhere are not public forums of any type and I cannot disclose details.

                The fact is that if the offer is made without unequivocal written acknowledgment of a debt
                or other monetary obligation e.g. redress for Credit Ref. problems the offers are made in exactly
                the same way, no admission of liability, it's nothing new.

                nem

                I

                Comment


                • #68
                  Re: Robinson Way - Home Visit

                  Originally posted by nemesis45 View Post
                  It's a standard measure used in many types of financial settlement over many years,.

                  The cases I deal with elsewhere are not public forums of any type and I cannot disclose details.

                  The fact is that if the offer is made without unequivocal written acknowledgment of a debt
                  or other monetary obligation e.g. redress for Credit Ref. problems the offers are made in exactly
                  the same way, no admission of liability, it's nothing new.
                  I wasn't referring to private cases, which wouldn't be legally binding anyway so they couldn't be used. I was referring to authorities, i.e. case law that could be quoted to establish that a F&F settlement did not constitute acknowledgment because it was done under certain terms.

                  Without any authorities to refer to, the debtor wouldn't have any recourse if the offer was regarded as acknowledgment. Maybe the private cases you've dealt with have all gone without a glitch but this is an open forum read by thousands of people who would benefit from knowing how to go about making sure they don't acknowledge the debt when attempting to settle an account.

                  Comment


                  • #69
                    Re: Robinson Way - Home Visit

                    I would be very careful, i have a lowell 02 that has been on file about 5 years. i was going to offer a F and F last year but was advised elsewhere not , because if they refuse it it can extend the SB. They did explain why, but i didn't understand most of it, something about the offer letter referring to the debt and not the bar or something.

                    Comment


                    • #70
                      Re: Robinson Way - Home Visit

                      Originally posted by FlamingParrot View Post
                      Definitely Santander, RW wouldn't have a clue or any historical data.
                      Ok Thank you. I'm going to ask RW for more info. Do I state in the letter somwhere that although I'm asking for this info I do not admit to owing anything at this point??

                      Comment


                      • #71
                        Re: Robinson Way - Home Visit

                        Originally posted by kelike28 View Post
                        Ok Thank you. I'm going to ask RW for more info. Do I state in the letter somwhere that although I'm asking for this info I do not admit to owing anything at this point??
                        Hi,

                        Always use the term " the alleged" debt throughout the letter and state " No Part of this Communication is an admission of liability.

                        Comment


                        • #72
                          Re: Robinson Way - Home Visit

                          Originally posted by nemesis45 View Post
                          Hi,

                          Always use the term " the alleged" debt throughout the letter and state " No Part of this Communication is an admission of liability.
                          Thank you Nem

                          Comment


                          • #73
                            Re: Robinson Way - Home Visit

                            Originally posted by kelike28 View Post
                            Ok Thank you. I'm going to ask RW for more info. Do I state in the letter somwhere that although I'm asking for this info I do not admit to owing anything at this point??
                            Sorry, we seem to be getting a bit confused with all these posts, it is SANTANDER who would have the info, not RW, who would only have data from the point they bought the account, debts are bought in job lots with very little detail about them.

                            If you send a SAR, it is a request under the Data Protection Act for data held about you. You have the right to request that information even if you don't owe anything, in fact, you can send a SAR to your employers, GPs, the DWP, etc. It is not an admission of liability, just a request for information. :thumb:

                            Comment


                            • #74
                              Re: Robinson Way - Home Visit

                              Originally posted by nemesis45 View Post
                              Hi,

                              Always use the term " the alleged" debt throughout the letter and state " No Part of this Communication is an admission of liability.
                              When you send a SAR you are not referring to any debt, alleged or otherwise, just asking for data held about you. In fact, unlike a CCA request, a SAR is not account specific so if you had more than one account they should send the data about all of them, even if they were settled and there's no amount outstanding.

                              Comment


                              • #75
                                Re: Robinson Way - Home Visit

                                Originally posted by FlamingParrot View Post
                                Sorry, we seem to be getting a bit confused with all these posts, it is SANTANDER who would have the info, not RW, who would only have data from the point they bought the account, debts are bought in job lots with very little detail about them.

                                If you send a SAR, it is a request under the Data Protection Act for data held about you. You have the right to request that information even if you don't owe anything, in fact, you can send a SAR to your employers, GPs, the DWP, etc. It is not an admission of liability, just a request for information. :thumb:
                                Yes FP I did actually mean to write Santander as you'd previously told me. Sorry! It's early haha!
                                Shall I write to RW for now and say I'm awaiting a reply to SAR from Santander and will be in touch with them soon or not bother? Id just rather not risk getting a claim due to ignoring them. Thanks

                                Comment

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