OH's Cahoot Flexiloan

[cymruambyth]

Re: OH's Cahoot Flexiloan

A letter has arrived from Rob Way who want to help clear the outstanding balance with an affordable and flexible repayment arrangement. Please contact. A SB letter will go in the next couple of days.

[cymruambyth]

Re: OH's Cahoot Flexiloan

Going through all my paperwork I have found a letter from November 2008 '.......are concerned to note that a payment has not been made to your account for some time'.

[cymruambyth]

Re: OH's Cahoot Flexiloan

Rob Way have ignored my SB letter!

' We want to work with you to agree an affordable arrangement based on your individual circumstances so we ask that you complete the attached financial statement detailing your income and expenditure and your proper repayment plan to us.

Or a reduction in the balance paid over 3 months.

Rob Way have a history of recording defaults when they buy accounts, so I think OH will have to check his credit record, as apart from the erroneous entry that Rob Way have made it should be clear!

i think I will thank them for their letter, refer them to my SB letter and send a copy of it.............next week.

[cymruambyth]

Re: OH's Cahoot Flexiloan

Rob Way have noted my query, are making the necessary enquiries and put the account on hold!

[cymruambyth]

Re: OH's Cahoot Flexiloan

I'm obviously a few days behind bosdog as Rob Way have given same reply that they are still waiting to hear from the original creditor

[panther12]

Re: OH's Cahoot Flexiloan

I'm sure if they had that previous offer letter they would have said so in reply to your SB. If they do bring up that letter to counter your SB, can you remember if the letter was actually signed or your name merely printed. Should they ever do produce it and it's not signed then the Limitation Act 30(1) could be used to batter them away.

• "29(5) . . . where any right of action has accrued to recover

• (a) any debt or other liquidated pecuniary claim; or

• (b) . . .

• and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of acknowledgment or payment."

30(1) To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

[cymruambyth]

Re: OH's Cahoot Flexiloan

Definitely printed and not signed

[bosdog]

Re: OH's Cahoot Flexiloan

Definitely printed and not signed

Me too

[cymruambyth]

Re: OH's Cahoot Flexiloan

Rob Way are still waiting for the paperwork - shame

[cymruambyth]

Re: OH's Cahoot Flexiloan

After several letters waiting for information they have now said that their client

'has confirmed that the last payment to this account was January 2011, therefore this account is not SB.
We trust this removes your query and we now require your proposal for payment within the next 14 days. A financial statement is enclosed.'

I know that the letter proposing payment was in December 2010, but I susequently had a letter saying that payment had not been enclosed. I ignored them from then on.

Niddy, you suggested a suitable template letter; if you get a spare moment I would be grateful for any words that you may suggest.

thank you

[cymruambyth]

Re: OH's Cahoot Flexiloan

Having just had a major panic attack (a la planB ) I have just gone through my file! Letter received accepting my offer to pay £10 pcm in December 2010 but noting that no cheque was received. Having checked the annual statements that I can find, over 12 months the balance changed by just £1!!!!!!!

Phew

[Undercover Elsa]

Re: OH's Cahoot Flexiloan

Was the £1 perchance for a CCA Request Cymruambyth?

[cymruambyth]

Re: OH's Cahoot Flexiloan

That's what I am trying to check, it was my first thought.

[Never-In-Doubt]

Re: OH's Cahoot Flexiloan

Having just had a major panic attack (a la planB ) I have just gone through my file! Letter received accepting my offer to pay £10 pcm in December 2010 but noting that no cheque was received. Having checked the annual statements that I can find, over 12 months the balance changed by just £1!!!!!!!

Phew

Did you sign that letter? Please confirm....

If so - the clock was reset. If not - write back and tell them very basic:

Dear Sirs,

Ref: xxxxxx

I write with reference to your letter dated xx/xx/xxxx and note the content within.

I have already told you when last payment was. You are incorrect in your assessment and as this account IS Statute Barred in line with the Limitation Act, I'm happy if you issue a claim and try to enforce this - I will defend it and also seek costs by bringing this letter to the courts attention. I suggest you cease breaching the FCA CONC Guidelines and instead, go ahead and issue a claim or close this account.

Yours fauthfully

sign DIGITALLY

[cymruambyth]

Re: OH's Cahoot Flexiloan

Hi, I don't think that it was signed, but as it was pre AAD and OH was involved I can't be entirely sure!