debt agency chasing old loan

kooky3076

Hi I've recently had a letter from a debt agency chasing payment of an old loan with barclays, I thought the debt was "statute barred", as its been ages since I last made a payment, so I sent a letter explainging this and asking if they could provide evidence to the contrary, they replied saying barclays confirm there was a payment made on 02/02/07, but no printout of it.

I then replied back saying that just a letter saying barclays confirm a payment was made on 02/02/07 is not proof the payment was made, so in their reply they sent a printout with payments and the last showing a payment on 11/05/01 and at the end account being closed with "zero" balance.

so twice they have failed to prove that I made a payment on 02/02/07, I now received a letter threatening to go to county court.

where do I stand, what should I do?

Tixy

Did you definitely not pay in Feb 07?
Assuming not then I would just send back another letter saying that no payment was made and the usual statute barred blurb.
If they are stupid enough to try to take you to court then just you would defend based on the fact that it was statute barred and use the correspondance between you and the DCA as evidence that that they haven't provided proof that its not SB.

Trajal

Dear Sir or Madam,

Re: Acct Number

Thank you for your confirmation of my suspicions that the loan mentioned in the account details above indeed statute barred, by way of the evidential documentation in form of statement of payments contained in your letter to me dated XX/XX/XX.

I look forward to receiving confirmation that you shall not be pursuing me further in this matter, given that the last date of payment on your statement was in 2001, which of course is beyond the statutory six year limit.

Thank you once again for your assistance in this matter.

Yours faithfully,

A. Winner Esq.

And if they take you to court, go along and have a laugh.

spike7451

Watchdog done a piece on debt's being bought by debt sharks 7 this is the advice they give;

Malcolm Hurlston runs a charity that advises people on debt and is horrified that companies can behave like this. He describes it as "absolutely disgraceful" that people who are perhaps not even in debt are being pursued in this way. Even so, there is action that you can take. Malcolm recommends telling them, in writing, that they must send you written evidence in the form of a statement of account of the debt.

If they can't do that within 28 days, Malcolm says that it won't be able to collect the debt.

The is also a template letter you can print off on the Watchdog site you can send to them.I've recently dont this with a debt sold to some sharks by Littlewoods,for stuff my ex bought in my name in 2002.

http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

fatbelly

Trajal wrote: »

Dear Sir or Madam,

Re: Acct Number

Thank you for your confirmation of my suspicions that the loan mentioned in the account details above indeed statute barred, by way of the evidential documentation in form of statement of payments contained in your letter to me dated XX/XX/XX.

I look forward to receiving confirmation that you shall not be pursuing me further in this matter, given that the last date of payment on your statement was in 2001, which of course is beyond the statutory six year limit.

I'd add:

I note that the OFT Debt Collection Guidance states that:

“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment "

If they continue, report them to Trading Standards, OFT and FOS.

kooky3076

hi thanks for your comments, I've tried various routes but they still come back and say the last payment was made on 02/02/07, they're also saying it was a card payment and if I want further proof I should check my own records, but they haven't provided a card name or number which I thought was a requirement?

I'm going to try the letter from watchdog and see how that one goes.

Apples2

Putting aside their evidence for now, are you SURE you did NOT make this payment?

You seem to be skirting around the question, have you checked your own records with your own bank?

If you absolutely did not make a payment on 02-02-07 then carry on down the SB route.

If you DID make this payment, but they (so far) have been unable to prove it, you are on shaky ground and need to tread carefully.

chanz4

they wont store credit card details, no company would for security

kooky3076

Apples2 wrote: »

Putting aside their evidence for now, are you SURE you did NOT make this payment?

You seem to be skirting around the question, have you checked your own records with your own bank?

If you absolutely did not make a payment on 02-02-07 then carry on down the SB route.

If you DID make this payment, but they (so far) have been unable to prove it, you are on shaky ground and need to tread carefully.

I'm certain I didn't make that payment, if I thought otherwise I would offer to make a payment.

back then I was with Lloyds and now I'm with Santander have been for past 2-3yrs, haven't kept any information for Lloyds.

kooky3076

chanz4 wrote: »

they wont store credit card details, no company would for security

then how am I supposed to know with which card company I'm supposed to check with?

chanz4

check both