Old Credit Card debt resurfaces, please help

avbarrie

I wonder if anyone can advise me of any action i can take regarding the following

In 2005 I took out a loan to consolidate all my debts. The loan Company was to pay off the creditors, one of which was a Credit card debt with Goldfish that had been passed on to a debt collection agency.

I have now received a letter from that same debt company stating that I am owe them £1261.24. I contacted them by phone and was advised that the reason for the delay in contacting me over the debt was "they could not contact me prior to 999 days", I still do not understand this statement. On another occasion when i contacted the debt company I was advised that they had recently transferred to a new computer system and it had "picked up" my outstanding debt, this was now the reason given for the delay. My last payment to them was made by giro in July 2005 according to the debt company, they also told me i had contacted them in 2006 and had then claimed that i thought the money had been paid off, when i asked why then did they leave i another 4 years they said that i had not phoned them back, surely a debt company would have contacted me and not just left it at that if i was due the money? the scary thing is that I have no papers now or proof of payment and the loan company are doubtful they will be able to find a breakdown of what the consolidation loaned payed off due to the period of time that has passed.

There thoughts are the Computer is never wrong and that i am owe this money. They threatened in the letter to give my debt over to a "doorstep" debt collection agency. The debt collection agency contacting me in regards to this money owed also has a dubious reputation.


What can I do?

Tixy

When you got the consolidation loan did you get the money and then pay off all your creditors individually or did the consolidation lender make the payments on your behalf?

Did you get proof at the time that payments had been made to each original debt?

You say the loan company are doubtful they will be able to find a breakdown of what the loan paid off - if they made the payments thats not acceptable, they have to keep proper records for 6years. You may need to do a subject access request to the consolidation loan company to check what they actually did pay.

avbarrie

Tixy wrote: »

When you got the consolidation loan did you get the money and then pay off all your creditors individually or did the consolidation lender make the payments on your behalf?

Did you get proof at the time that payments had been made to each original debt?

You say the loan company are doubtful they will be able to find a breakdown of what the loan paid off - if they made the payments thats not acceptable, they have to keep proper records for 6years. You may need to do a subject access request to the consolidation loan company to check what they actually did pay.

The loan company would not give me the money to pay off the debts, they did that on my behalf.

I may have been given proof but due to the length of time and the fact i considered that debts all paid off i have not been overly careful with any documents relating to it. I have been hunting high and low for anything relating to the debt or loan company but so far have not turned up anything that proves concretely that the debt was paid off. I know that may have been a little silly but it wasnt planned, just whats happened. You also dont expect them to come back at you after 4 years, the already contacted me in 2006 stating that i owed this money and at the time seemed to accept that i had paid it off but it seems now they have changed their minds due to a computer "picking up" my debt.

I am still waiting to hear back from the loan company about a full breakdown of who was paid what but like i said they didnt seem hopeful they would find such a breakdown. It is good to know that they are supposed to keep these documents for 6 years, thats something in my favour.

leanne82duke

i was always of the understanding that the dca had to PROVE that you owed the money and how much, not you.
they need to provide you with statements etc x