Statute Barred debt advice

bobster1982

Hi all,

Hoping you can help.

I am being chased for £470 from a supposed HSBC debt. The last time I had any dealings with HSBC was well over 8 years ago.

I have recently moved house from being in my old house on the electoral role for 6 years and all of a sudden A letter lands on my mat fron a company called Transcom acting on behalf of Arrow Global regarding the above.

I sent an email with a statute barred template on here and had confirmation that they would get back in touch with me.

I just had a phonecall saying apparently I made a payment in march 2008 and it isn't statute barred. I requested evidence of this payment and also who paid it because I do not remember ever seeing or paying an amount to either company. They got quite shirty with me and told me it is not down to them to provide payment details and I should have records showing the payment made. However the person on the phone said they would look into it further and try and find out how it was apparently paid.

Where do I stand with all this? Are they trying it on?

None of this shows on my credit file either as I subscribe to credit expert.

Thanks.

Rob

Tixy

If they believe its not statute barred then it would be down to them to prove it - which would mean providing details of the alleged payment.

Until they do so, in writing, I would refuse to communicate with them further.

Certainly would always refuse to discuss it on the phone with them - ask them to write to you if they want to communicate.

If its over 8years since you made any payments on the account then it wouldn't show on yoru credit file, regardless of whether there was a payment in 08 or not.

(presumably you are certain its your account/debt they are chasing? they did use an account number of yours or something to identify the debt to you?)

fermi

Yes, if they want to claim it's not statute barred because you made a payment, then the onus is firmly on them to prove that you did.

Debt collectors frequently make spurious claim that payments have been made.

Sometimes these are completely fabricated.

Sometimes they may exist, but are in fact the payment made between the creditor and DCA when they bought the debt. In which case as it was not made by you then it cannot possibly stop the debt being statute barred.

Basically, any payment must be made by you or on your behalf by you legally appointed representative. Any other payment on the account doesn't count.

If they hassle more, then I would probably send the email again, but add that:

- You dispute utterly the alleged payment, and demand that they provide proof of any payment that they would seek to rely on in court.
- In addition in line with pre-action protocols on seeking a resolution prior to legal action, you require disclosure of a copy of the proof of payment that they will be relying on in court.
- Failure to take reasonable steps to resolve the dispute at this stage by providing this proof will be brought to the attention of the court.
- Any failure or refusal to provide evidence of any payment, will also be forwarded with a complaint to the OFT and trading standards.
- Should they persist in claiming a fictitious payment, then not only will you will report them to the OFT and trading standards, you will consider informing the police that they are attempting to obtain monies by false representation.

fermi

Tixy wrote: »

(presumably you are certain its your account/debt they are chasing? they did use an account number of yours or something to identify the debt to you?)

Good point.

If they have not provided sufficient evidence that the debt/account was actually yours and is valid, then that is (a perhaps even more) fundamental line of dispute.

If they have failed on those grounds as well, then make sure that is emphasised in any further communication.

bobster1982

Thankyou!

It is an old HSBC account of mine but I have been banking with another high street branch since 2005.

I did discuss the contents of my first post over the phone with them but told them I wasn't discussing anything until I had evidence of payment in writing and that a letter saying I had paid wasn't good enough. I needed the method of payment and by whom and when. I take it I am entitled to that information and can dispute it was "me" if they find anything?

And thank you about the advice regarding communication via post.

bobster1982

I received a reply today via post and am grateful of any advice on how to progress this?

exact letter says.

"

We write with reference to our previous correspondence dated 30th March 2012

Our client have responded to the query we raised regards your claim that the above amount is statute barred. Please find their response listed below.

- We are unable to provide documentation, however the customer made a payment of £52.37 on 18.03.2008, therefore the account is not statute barred.

We now require you to contact us within 14 days of the date of this letter, to furnish us with your payment proposals."

Gordon_Hose

Did you make payment of £52.37?

If not, the onus would be on them to prove the payment came from you and as you didn't make the payment, they'd struggle.

Funny how they can't provide any documentation

awayinchina

that is not proof of payment (well half a job at best).
1) it does not show who the payment was made by:
a)name
b) debit card/credit card or account details from the origin

this only shows a payment and on what date. IT does not constitute proof that "you" made the payment. As for method of payment and account details of how the payment was made.

if they continue send postal order £10 under data protection cat (templates on here) asking for all data held in regards this account. Secondly you firmly still dispute the validity of this account. others will add to the above!

Gordon_Hose

Phantom payments are a common occurrence. Used by DCA's, to confuse the debtor, when they know the game is up and the debtor knows what they are talking about.

fermi

I would just resend the previous email, adding that you are now going to report them to the authorities for:

- making up fictitious payments
- failing to provide evidence when requested that a debt is not statute barred
- pressing for payment on a statute barred debt

Ball in their court, no matter how much they try to pass the buck.

fermi

fermi wrote: »

If they hassle more, then I would probably send the email again, but add that:

- You dispute utterly the alleged payment, and demand that they provide proof of any payment that they would seek to rely on in court.
- In addition in line with pre-action protocols on seeking a resolution prior to legal action, you require disclosure of a copy of the proof of payment that they will be relying on in court.
- Failure to take reasonable steps to resolve the dispute at this stage by providing this proof will be brought to the attention of the court.
- Any failure or refusal to provide evidence of any payment, will also be forwarded with a complaint to the OFT and trading standards.
- Should they persist in claiming a fictitious payment, then not only will you will report them to the OFT and trading standards, you will consider informing the police that they are attempting to obtain monies by false representation.

Did you send that ^^^ in the end?

If not, then do so.

If you did, as said resend and add that you are now reporting the low lifes.