Statute Barred Debt

AMBERSHADOW

Ok Guys sorry but need help once again!!!!

Hillsden.DLC collections saying they are owed 1424.00 from 2005.. Just passed the 6 year date as of March 18th this year...

Sent request for CCA last year no CCA sent .. they are now saying the debt is year's old and they can't supply it with a load of bumph about just because they can't enforce it it doesn't mean it's not payable...


Now whilst I know it's statue Barred now I am very very concerned that they have falsified a payment by check which is now showing on the statement sent to my DH this morning... which now shows a payment of 55.00 on 18th March 2011. NO PAYMENTS HAVE BEEN MADE BY US

No payments have been made since 30th March 2005 so why now would we make payments?

Any advice to what I do please.. I need this to be sorted urgently:D

Gordon_Hose

Statute Barred only means they can't enforce it via the county courts. The monies are still owed, and always will be, they just can't do anything more than ask you to pay it.

AMBERSHADOW

Gordon_Hose wrote: »

Statute Barred only means they can't enforce it via the county courts. The monies are still owed, and always will be, they just can't do anything more than ask you to pay it.

Yes I realise that.. But the payments they have falsified are not ours and by doing this make it enforceable is that right?

FOURCANDLES_2

Yes they can ask but if you have said you are not going to pay then they must remove your debt from their file to ensure it is not sold on . The associate I am helping also had a letter saying a payment had been made when it had not I would assume that can be ignored as they would need to prover the payment eith er cheque,d/d,s/o if or was cash to a debt collector receipt.

Gordon_Hose

If they've falsified payments on your account then they're in the plop. If you dispute it in court they'd have to prove where the payments came from and who made said payment.

Some DCA's have a habit of falsely claiming the debtor has made a payment, when in reality there is no such payment.

If you didn't make the payment the debt is SB, so either ignore them or report them to the FOS, OFT and Trading Standards. Up to you.

Tixy

I would write to them, dispute that any payment was made in March and ask them to provide details of the payment and proof that it came from yourself (or OH if its his debt).

Gordon_Hose

I suspect they'll come back with no proof whatsoever. If they can't prove it (which they won't be able to do), I'd be making a complaint to the relevant authorities.

AMBERSHADOW

Thank you so very much for your help...

I will write letter now as we did NOT make any payments what so ever and they now will have to prove this ...Although sending the staute barred letter with it so they can remove it completley I think...

AMBERSHADOW

Tixy wrote: »

I would write to them, dispute that any payment was made in March and ask them to provide details of the payment and proof that it came from yourself (or OH if its his debt).

Thank you Tixy.. Is there any template letters for this please?