debt agency chasing old loan

fermi · 2 May 2011 at 3:53PM

kooky3076 wrote: »

I'm certain I didn't make that payment, if I thought otherwise I would offer to make a payment.

Tell the debt collection company to bog off then.

Alternatively, make a formal request for the documents that the debt collector intends to rely on in court to prove that a payment was made.

See: http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/procedure-rules/civil/contents/practice_directions/pd_pre-action_conduct.htm#IDAVZU1

5. Claimant’s reply

5.1

The claimant should provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided.

fermi · 2 May 2011 at 4:02PM

kooky3076 wrote: »

I then replied back saying that just a letter saying barclays confirm a payment was made on 02/02/07 is not proof the payment was made, so in their reply they sent a printout with payments and the last showing a payment on 11/05/01 and at the end account being closed with "zero" balance.

Fairly typical behaviour from some debt collectors.

Quite a few now tend to make up completely fictitious and conveniently dated payments in the hope that you don't challenge them. Aktiv Kapital, Lowells/Red, HFO to name a few.

Obviously, when push comes to shove they are unable to provide any proof whatsoever.

kooky3076 · 2 May 2011 at 4:34PM

fermi wrote: »

Tell the debt collection company to bog off then.

Alternatively, make a formal request for the documents that the debt collector intends to rely on in court to prove that a payment was made.

I already asked for evidence to the contrary of why its not statute barred and the provided none, only showing a payment in 2001, should I still ask for the documents they would intend to rely on?

fermi · 2 May 2011 at 4:43PM

kooky3076 wrote: »

I already asked for evidence to the contrary of why its statute barred and the provided none, only showing a payment in 2001, should I still ask for the documents they would intend to rely on?

If you are going to reply to them in any shape or form, then yes.

They state that you should consult your own records, but if they want to take it to court then you would obviously demand that they provide proof to the court.

Asking for disclosure of the documents they intend to rely on is a reasonable request under the pre-action protocols, and under the overriding objective which is to attempt to resolve disputes before legal action becomes necessary.

If you ask for documentary proof they would have to rely on in court, and they don't provide it but go for court action anyway, then the court/judge isn't going to be very impressed with them.

Also, it seems quite likely that this payment they claim is just bluff and bullcrap.

Formally asking for disclosure may well call that bluff and put an end to this.

Or, if they do provide it, then at least you can inspect it and decide where to go from there.

vax2002 · 2 May 2011 at 5:12PM

Ignore them until you get stamped court papers, you do not need to prove you made no payment, the onus is on the claimant to prove their case, not on you to prove you didn't.
There is a technical term for this, it's called "trying it on"
catch the debt company's letters, do not open them and Write "No Contract_ return to sender" bob them back in the post.
They will get fed up after a couple of months.

djtdjt · 2 May 2011 at 6:03PM

I sent a CCA letter to a debt collection agency asking them to prove the debt, they dropped the debt and apologised for the "mistake" , you could do this. On a similar theme, does anyone out there reading this know if i could use this letter on a debt i'm already paying? saying that i have just realized i could be paying in error unless they can prove the debt, because i am paying, is this regarded as proof of admission of debt by myself?

Trajal · 3 May 2011 at 4:05PM

FYI, Lowell's tried this with me actually. I simply sent them a letter stating that they need to review what they claim to be an overdue account and will discover that Section (5) of the Limitation Act 1980 applies to it.

Letter arrived this morning confirming what I had told them and saying that they were unable to prove that a payment had made, thus they shall not be sending me any more letters and have now closed my account.

Just keep on at them, it's a boring process but repeating over and over that it is statute barred got me the result I was after eventually. Took about six months of sending them the same letter twice a month though.

kooky3076 · 25 May 2011 at 11:59AM

ok this morning I received a letter from Barclays saying 'we can confirm your last payment was on 02/02/07'

but they haven't sent any other information proving the payment was made, I had requested a full statement showing there was a payment made on the date they claim, and gave them 28days to reply. the letter received today was within the 28days.

where do I stand? because despite several requests for a statement proving the payment was made, they still haven't provided any.

Apples2 · 25 May 2011 at 12:50PM

Did you request the info by SAR? (did you pay £10 for it)?

If not, it is still flannel by the sounds of it. the SAR should provide you with full details.

kooky3076 · 25 May 2011 at 9:55PM

Apples2 wrote: »

Did you request the info by SAR? (did you pay £10 for it)?

If not, it is still flannel by the sounds of it. the SAR should provide you with full details.

please excuse my ignorance 'SAR'?

debt agency chasing old loan

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