Lowell group saying I paid them in August 2008...

*Kat*

I did not pay any money on this account.

What do I do?

I never paid anything on it. It would be statute barred if it hadn't been for this payment (so they claim)

Help?

Sorry a bit of background info...I had this debt maybe 5/6 years ago IIRC. It was for T-Mobile.

Anyway, I sent them a default "statute barred" letter, and got one back today saying I paid them £139.99 on the 19th August 2008. I'm kinda wondering if I DID make a payment why I paid £139.99...since I can't recall making this payment and think I was in England at that time (so wouldn't have been receiving bills etc)

IM CONFUSED

FireWyrm

*Kat* wrote: »

I did not pay any money on this account.

What do I do?

I never paid anything on it. It would be statute barred if it hadn't been for this payment (so they claim)

Help?

Sorry a bit of background info...I had this debt maybe 5/6 years ago IIRC. It was for T-Mobile.

Anyway, I sent them a default "statute barred" letter, and got one back today saying I paid them £139.99 on the 19th August 2008. I'm kinda wondering if I DID make a payment why I paid £139.99...since I can't recall making this payment and think I was in England at that time (so wouldn't have been receiving bills etc)

IM CONFUSED

Really? Then they'll have no problem telling you the account number, amount, name and date of birth of the person who made the payment wont they. Until they do, and as long as you are sure you didnt, it's statute barred. They are trying it on.

Tixy

If you are certain you did not pay it them write back along the lines of - I have no knowledge of the alleged payment of X on Xdate. Therefore I believe the debt is covered under section etc etc etc. Please provide proof of this payment or naff off.

(well words to that effect anyway!)

*Kat*

Thanks everyone, the debt isn't on my credit file either, is that bad? - My credit check shows that they looked on my account in April and thats when the letters started

Tixy

Normal for it not to be on your credit file - the debt will only stay on for 6years from the original default date - I assuming its longer than that since the default? in which case won't show.

*Kat*

well I wasn't 100% sure if it is statute-barred, if it wasn't it would be on my file? Or it wouldnt?

FireWyrm

*Kat* wrote: »

Thanks everyone, the debt isn't on my credit file either, is that bad? - My credit check shows that they looked on my account in April and thats when the letters started

It's even stronger evidence that it's statute barred. Tell them to prove it or p****s off. If you made a payment, they can tell you who made the payment. Send the letter and append a bit at the bottom asking for clarification since you didnt quite understand what they meant and perhaps they could clarify by advising you for how much, when and who (including bank account number or a picture of the cheque) made the alleged payment since you have no knowledge of it and do not acknowledge the debt in the first place. Until they do, it's statute barred until proven otherwise and they havnt got a leg to stand on. Tell them you're feeling harrassed if they get shirty about it and considering speaking to OFT.

Tixy

*Kat* wrote: »

well I wasn't 100% sure if it is statute-barred, if it wasn't it would be on my file? Or it wouldnt?

It wouldn't be 'evidence' either way. As the record disappears 6years from the default date. And that date is not relevant to the limitation act. The relevant date would be the last time you paid or wrote to acknowledge the debt, which could have been before or after the default date.

*Kat*

sorry, so i should send a prove it letter and request proof of also the payment made?

FireWyrm

*Kat* wrote: »

sorry, so i should send a prove it letter and request proof of also the payment made?

Belt and braces. I would. You're not acknowledging the debt and you should make this very clear in the letter so there is no room for (cough) confusion, on their part but at the same time, they've made a serious allegation and you want the details. They should have chapter and verse on the payment if they think they have any chance of proving that this is NOT statute barred which you contend it is since you dont acknowledge the debt. It's not on your credit file but as Tixy points out, the statute status goes from the last time you acknowledged it by making a payment. Since this is the crux of the argument, I would require irrefutable proof of their right to pursue you under these circumstances. If they cannot provide that, then they cannot say you did it. In the same vein as you *could* have made the payment, someone else with a similar name might have made a payment which was allocated to your account by accident thereby invalidating your claim for statute barring. You want to know how this person was and the only way to do that is proof via an account number that you recognise, or some other written tangible proof. Until then, it's statute barred and they can argue until they're blue in the face but it still wont change anything.

Of course, if they do come up with the goods...you'll have to look big and pay up.....

Reya

One other thing: don't sign the letter. Just print your name. If they've got the gall to come after you like this when the debt is statute-barred (assuming it is) there's nothing to say any signatures you give them won't end up on any 'proof' they end up sending.