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Old debt, think its statute barred
spikescot2005
Posts: 349 Forumite
I received 2 letters last year from ccs collect. I didn't know what the debt was for as i dont owe anyone any money. I ignored the first letter but sent a letter to the second stating that I did not acknowledge the debt and didn't know anything about it. I then didn't hear anything until today.
I have received a letter with a statement that says I owe £666 for a debt from 2002 with the last payment being made in February 2004. The debt would have been from when I lived in England, I live in Scotland now since 2005.
There is nothing on any of my credit reports. I believe that the debt is statue barred, am I correct? If so what letter do I send, the one that is for scotland or the England one?
I have received a letter with a statement that says I owe £666 for a debt from 2002 with the last payment being made in February 2004. The debt would have been from when I lived in England, I live in Scotland now since 2005.
There is nothing on any of my credit reports. I believe that the debt is statue barred, am I correct? If so what letter do I send, the one that is for scotland or the England one?
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Comments
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It would be statute barred in either jurisdiction.
However, if the wished to take legal action then they would have to do so through the Scottish court system, and as such it is the letter for Scotland that applies.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
UPDATE:
On the first letter received by CCSCOLLECT i sent a proof it letter and received back a statement of the account. This showed that the alledged debt was taken out on 11/04/2002 with the last payment made on the account 02/04/2004.
I sent them a letter to say that the account was statue barred. Today i have received a letter saying that the debt is not statue barred due to the following,
The account was taken out on the 11th of April 2002
Defaulted on the 31st of July 2004
Last payment was made on the 5th of November 2007
According to the statment no payment has been made since 02/04/2004 and i am sure no payment has ever been made since then.
What do i send back to them?0 -
Debt collectors seem to often make up a payment in circumstances like these.
Make them prove it.
If the don't, or won't, then follow through with the complaints below.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Or something along the lines of the above anyway.
You get the jist.
The point is they can't just make up some random payment and expect you to accept that without proof.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Thanks very much. What would i need to change to use it in Scotland?0
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Give me 2 secs........Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Like this..............Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Thank you so much. I really don't see how thay can provide a statement and then claim another payment that is not on the statement. For all i know i could have made more payments that arn't on the staement and could have cleared the account.
Have just checked my bank statement and no payment was made on that date to them or anyone in fact.0 -
Update:
Have received a letter that states the account has been put on hold. Nothing about the complaint and no complaints procedure details given or final responce. Should i leave it at that or send a reply?0 -
I have now received another letter which states the following:Further to your recent communication with this office, we confirm the following:- You have again advised us that you are disputing the fact that you made a payment to our client in 2007.
Please find herewith a copy of our letter to you dated the 7th Janurary 2012 with which a copy of our clients payment screen was enclosed. (A copy has been attatched)
The payment screen printout shows that eleven £50 payments were made on a monthly basis in 2007, the last one being dishonored in November of that year.
Please forward payment in full by return, or call the number below to discuss your repayment options.
All the payment screen printout says is that a direct debit payment was made, how much it was for and on what date, and procedure code. I really can't remember making these payments and don't think i did.
Is this really proof that i made these payments, as anyone could knock up a screen shot.
What do i do now?0
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