Thought debt was statute barred, its not. Advice required

uiop

Ok... no direct debit then. Thanks for the tip, didnt even consider that!

It was a Credit Card, approx 12/13 years since I first signed up for that.

DarkConvict

Have you ever considered the CCA route, if your credit file is already damaged - https://forums.moneysavingexpert.com/discussion/2532927

uiop

Yeah, i'm giving some consideration to that now. If nothing else that and a SAR give me as much information as I can get to ensure this proceeds fairly and correctly.

Thanks again everyone, if anyone else can add anything please do. I'll keep an eye on the thread and update with any progress.

uiop

Hey guys, quick update on this...

My CCA letter was posted on Monday (1st available oppertunity after this thread started). That arrived next day with them recorded (27th) and I was waiting on a response.

Today a letter arrived from a different company demanding money, though I did note that it is "a division of" the company I CCA'd.

So, do I need to send another CCA to this "new" company or is it ok to wait on the original one being responded to?

(NOTE: The letter arrived today... dated the day before my CCA arrived with them. I do have some doubt in my mind that it takes 3 days to get a letter from one place to another nowadays... so wonder if this was dated the day before they actually sent it... having received my CCA and wanting to mess me about. I guess we will never know!)

Anyway, CCA the new/sub/"division of" company?

lindann_2

it would help if we knew the Debt collection agency, as there are some ones who find debts, which strictly not real, also they are very harsh to deal with. hope your cca, get some response.

We went down the cca, route, because the original company could not find any signed agreements etc. as we had the account for years and years etc.. the debt became unenforceable, they nulled to the tune of £1300 which we sighed a great deal of relief.

uiop

HI Lindann, i have PM'd you the details as i would like to be as non specific as possible so that the DCA's cant pinpoint who I am... i would imagine they try when they see their names mentioned.

uiop

HI, anyone have any thoughts on whether i need to re-CCA? Would like to get it done today if needed.

LilacPixie

I wouldn't reCCA just yet. I would query the 4 payments especially if that is all that stands between you and the debt being statue barred.

uiop

Ok, thanks.

FTW

Whoever's claiming these payments were made needs to prove conclusively that the payments were made.

In the meantime, offer nothing and tell them nothing - it needs to be made clear that you are under no obligation to deal with them until this info is supplied.

And a 'you paid £xxx by debit card on the xxx' line on a reply letter from them is not enough. You need cast-iron evidence that the payments came from you, and were not made up by a DCA (which does go on!).

As for Mr. Ton's suggestion? It depends on the text used in the initial letter, but it may well be that there is cause for an OFT/TS complaint.