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6yr old debt reared it`s head
BASSETT
Posts: 146 Forumite
Hi, I`ll try and make it quick
6yrs ago had patio doors installed and had credit agreement with joiners for approx 3k through GE Capital (I think) cannot remember monthly payments.
Paid accordingly for 3 yrs, then sudden marriage break up, I left the house, changed banks etc. Have moved a few times but always on the electoral roll.
Last wk, received letter from Link Financial, requesting £2400 for this debt, I phoned them, said I don`t know who you are, what this debt is etc and sent of letter saying I didn`t acknowledge the debt so prove it`s mine.
They claim original cca was signed 24.10.2003 and Links letter was dated 23.9.2009, one day off the 6 years.
I`m sure I paid this, so I`m not paying anymore, but why have I not heard anything for the past 3 years.
No access to old bank statements so I cannot remember when I changed accounts.
So I`m just waiting for them to supply cca.
6yrs ago had patio doors installed and had credit agreement with joiners for approx 3k through GE Capital (I think) cannot remember monthly payments.
Paid accordingly for 3 yrs, then sudden marriage break up, I left the house, changed banks etc. Have moved a few times but always on the electoral roll.
Last wk, received letter from Link Financial, requesting £2400 for this debt, I phoned them, said I don`t know who you are, what this debt is etc and sent of letter saying I didn`t acknowledge the debt so prove it`s mine.
They claim original cca was signed 24.10.2003 and Links letter was dated 23.9.2009, one day off the 6 years.
I`m sure I paid this, so I`m not paying anymore, but why have I not heard anything for the past 3 years.
No access to old bank statements so I cannot remember when I changed accounts.
So I`m just waiting for them to supply cca.
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Comments
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The statute barred 6 years starts from the date you last made a payment or acknowledged the debt in writing, not the date the agreement was signed. Somewhere on this site there is a prove it letter, which requires the creditor to prove you owe the money, You could also send a SAR which should detail all the information held with relation to the account including all payments made, this however costs £10. Good luck with resolving this.0
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If you know you last paid 3 years ago, it isn't statute barred, it requires a 6 year gap or non payment & non-acknowledgement.
Prove it letter is your first port of call - http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thanks DC still haven't managed to fathom out how to post links!!0
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Thank you convict0
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Hmm, i just copy and paste the link it and it changes automatically, otherwise use the
button, on the tools section under font
No problem, about the link its very handy so like many others i keep it saved in my favoritesAlthough no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Have had reply from Link Financial, couldn`t scan and upload it, saying that this is for installation of doors at my previous address and if I can send proof that my date of birth is different than that on the agreement then they accept the debt is not mine. No copy of the agreement was included.What should I do now? Request a copy of the cca?0
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No copy of the agreement was included.What should I do now? Request a copy of the cca?
You may as well.
Make them show you what agreement they actually have, if they do have one and aren't bluffing.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Hi, as far as I can see, they need to prove that there is a balance owing on the account, not that there was a CCA in the first place if as you think you have actually paid it. Your best bet may be to do a subject access request under Data Protection as this should show any payments made etc.Debts at LBM - Mortgages £128497 - non mortgage £27497 Debt now £[STRIKE]114150[/STRIKE][STRIKE]109032[/STRIKE] 64300 (mortgage) Credit cards left 0
"The days pass so fast, let's try to make each one better than the last"0 -
Have had reply from Link Financial, couldn`t scan and upload it, saying that this is for installation of doors at my previous address and if I can send proof that my date of birth is different than that on the agreement then they accept the debt is not mine. No copy of the agreement was included.What should I do now? Request a copy of the cca?
Under OFT guidelines, they cant ask you for any personal details
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdfDeceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signaturesAlthough no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thanks again Convict, thats brilliant. There is another point in there that I`m going to quote to them. Their first letter just stated the monies I was due to them and I should pay up, no mention of anything else. Think it`s in 2.2. somewhere.0
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