statute barred help!!

Jim_bob_3

Hi,

i was hoping someone can help me?

i have sent the normal statute barred letter found on a different post in this forum to the creditor that is chasing me for a debt! however they have replied and stated that the debt is not statute barred and they claim i made a payment to Halifax on Dec 17 2007.

the debt is no longer visible on my credit report and my last report stated that the debt went into default Dec 2006 which to my knowledge was about 3 months after making my last payment! i have never made any payments towards this debt since September 2006 but i have no evidence of this.

i have been told i need to repay the debt in full immediately or face further action. what action can they take? if any? also any advise on what action i need to take next? shall i send another statute barred letter or ask them to provide proof of what they are saying? surely if i made a payment it would say on my credit report?

any advice would be really appreciated,

many thanks

Jim_bob

michael1983l

This is just my logic and not necesarily correct, but surely if you are sure the last payment was in oct 2006, then all you need do is ignore them as they would be thrown out in court if they applied.

fermi

Debt collectors often make up a conveniently dated payment if you claim a debt is statute barred.

Deny the payment.

Demand that they provide proof of the payment that they would seek to rely on in court.

State that if they do not provide such proof, then you will report them to the OFT and trading standards for attempting to mislead you regarding the legal status of the account, for breach of the Consumer Protection from Unfair Trading Regulations 2008, and for attempting to obtain monies by false representation.

Also tell them to provide a copy of their complaints procedure, and that you will be taking the matter to the Financial Ombudsman if they do not retract their claims and close the matter.

Jim_bob_3

Thanks for the quick response fermi,

i thought as much, i honestly believe they made up that date! its just nice to hear from someone who knows what they are talking about!

is there a template letter for this kind of request? or some kind of guide to stop me looking like a fool when i reply to them?

again thanks for the reply

Jim_bob

fermi

No template as such. You can just rephrase the points in my previous post if you want to write.

xJOJOx_2

Hi there is a 'prove it' templete at the top this board, just adjust according. Ive seen another letter somewhere given the deadline of 10 days to prove it, but cant remenber where it is sorry

xx