Statute barred however £1 paid in 2008 for a copy...

[takecare]

Hi

I wonder if anyone can help.
In 2008 I had a debt agent contact me about a debt and I sent a letter back with £1 for a copy of the agreement as I had no knowledge of this debt. I never heard a thing.
Last week I received a letter from the another debt agent for the same debt which I advised was statute barred and they advised a payment for a £1 was paid towards the debt in 2008. Which you and me both know was for the copy of the agreement of the debt with the debt agent in 2008.
How do I get this £1 lifted so the debt statue barred.
Im so anoyed right now! Any advice would be greatful.

[spacey2012]

Invented payments are part of the game.
Just ignore them, they will send court papers if they think they have a case.
Whilst ever you are arguing with them, they have you on the possible list.

[takecare]

So they could invent a payment? I did provide the debt agent in 2008 a postal order for £1 for the proof of the debt. Which looks like they taken off the debt and not provide me with the proof of the debt.

[fatbelly]

What did your letter say?

It would have to have been very carefully worded for it not to be an acknowledgement.

You only have a legal right to ask for a copy of an agreement under the Consumer Credit Act (s77-79) if it's YOUR credit agreement.

See Fermi's post#2 in this thread

http://forums.moneysavingexpert.com/....php?t=2607247

[takecare]

I wrote the following letter to the debt agent in 2008.

Further to your correspondence date 12 December 2008, please find below my response.

At this time , due to the lack of evidence and documentation I must inform you I do not acknowledge ANY debt with your company.

I require you to supply the following documentations before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement in which you refer to. This is my right under your legal obligation to supply with a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above reference agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, wheather you are the orginal creditor or not under s189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 " an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action.

Non- Compliance with my request is a criminal offence under the above acts and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies with 21 days from the date of this letter, I will have no hestitation in passing your details to the Office of Fair Trading and any other relevant organisation.

All communication should be in writing as I will not deal with this matter by way of verbal communication and no payment will be made until all requests have been met and the law adhered to.

I request you respect my wishes and seek to accommodate my lawfull and reasonable requests as set out above.

Yours Faithfully.

So as you can see from this letter is clear the £! enclosed was for proof of the debt and not towards the debt.

The balance in 2008 was £1 more that the recent letter from another debt agent who are claiming I paid £1 to the debt back in 2008!

I have complained to the Financial Ombudsman during the week about the debt agent from 2008.

I am going to also complain to the Office of Fair Trading as well.

But how am I going to advise the recent debt agent that this £1 was for proof for the debt in 2008 and not a payment. Any help please !!!!!!!!