Know nothing about this "Apparent Debt"

My husband had something similar with an ancient credit card bill. We had solictors letters and all sorts of rubbish from them. My husband told them that he did not acknolwledge the debt, and if they would like to take him to court for a statute barred debt that they were refusing to prove was his, then they were very welcome. Best of luck. Strangely enough we heard nothing again.

Another friend was chased for a barred debt but agreed to pay half the amount on the basis that would be full and final. He never got confirmation in writing from them :rolleyes: and is now being forced to pay the rest (3 years later).

Stand your ground. Be firm. They will go away.

See post 13 of this thread from file wizard.
http://forums.moneysavingexpert.com/showthread.html?t=309647

Hi kels hope you are ok.

As the law stands at the present time, outstanding debts where the debtor has not been contacted by the credit company for more than 6 years become statute barred and uncollectable. This starts from the date that the account becomes defaulted, usually a month or 2 since you made your last payment, not from when the account has been closed.

However if you acknowledge the debt in writing or make a payment towards it after 6 years the statute bar rule becomes null and void and the debt then becomes collectable again by means of court action and so on. By making the £40 payment you may have started the 6 year clock again, although you have now stopped the payment reaching the DCA you might be ok, but it's shaky ground really.

Now here is how you stand, even if you have acknowledged the debt after 6 years which you may or may not have done, if the DCA cannot provide you proof of the original agreement (ie a signed copy of it)and also supply statements of the account from which you can see when it became defaulted then the 6 year rule is no longer a problem, as it is stated in the copy of the letter you probably have from the other threads posted by ROG2 A claimed debt cannot be legally enforced if they cannot supply the original signed agreement. NO IFS NO BUTS

Also it is up to them to prove that you are the person they are looking for and that the debt IS yours, not to you to prove you aren't this person to them.

I also am fighting a case at the moment from a DCA claiming i owe Alliance and Liecester nearly £9000 from a personal loan! I have never had a personal loan or any financial dealings with Alliance and Liecester so i know it's not me that owes this money but it's up to them to prove it is.

I am currently awaiting for them to supply me the original signed document and statments, if you want to follow what happens and see the details so far, the thread about it is here.

http://forums.moneysavingexpert.com/showthread.html?t=309260&highlight=Nemisis_WOF

To sum up DON'T pay another thing. They appear not to have the original documents for this debt and therefore cannot legally enforce it, they are just chancing thier arm to get some cash from a debt that's not yours.

Wait and see if they can send you that agreement they already told you on the phone they don't have.If they can't that's the end of the story.

At which point send them a letter saying that since they cannot provide the necessary documents that the debt is legally unenforceable under the consumer credit act 1974 and that you consider the matter now closed and that any further contact from them will be considered harassment and that they will be reported to the relevant statute authorities.

Then sit back and relax they won't be bothering you again.

Regards Nemisis

Until they can provide that proof, you are still not liable for the debt. Don't give in!