Statute Barred - Evidence of contact?

stuartmck

Hi, I'm currently in dispute with HSL regarding an old (mortgage style) student loan.

I believed that the debt was statute barred & sent the appropriate letter about a month ago.

I've just received a reply from them saying that I wrote to them in August 2007 offering to pay a reduced rate. They say that they entered the information into their computer system & they can use this record to prove that the debt is not statute barred.

However, I have no recollection of sending any such letter & have no copy in my file (I do keep copies of all letters I send). It could be possible that I sent it & have simply forgotten, but I doubt it.

SO, my question is, can I make them prove that
I sent the letter (by providing me with a copy) or do I have to take their word that I contacted them?

Any advice would be greatly appreciated.

Thanks.

Tixy

They need to provide proof that you wrote that letter - which would usually be by sending you a copy.
As an alternative you could do a subject access request which would then mean they had to send this letter if they have it.

Marisco

Hi Stu, I wouldn't have thought you have to take their word for it - they could just say anything:eek: There is nothing stopping them inputting the data anytime (especially if its coming up for statute barred) and saying they are acting on a letter from you!! I'd write to them and ask them for a copy of the letter you sent, and see what they come back with.

DarkConvict

I agree, saying you sent a letter is like saying you made a payment.

They need to provide proof it was done. Ask for a copy of the letter, and as Tixy says if they refuse, send a SAR.

stuartmck

Thanks for the advice.

I wouldn't have thought that I'd just have to take their word for it, but can't find any guidelines as to what evidence (if any) they'd have to provide (although I'm not great at reading legalese). Does anyone who knows the limitation law better than me have an insight into this?