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Bit of Advice please...
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FarmerJones
Posts: 16 Forumite
Hi all
I could do with a bit of advice as to how to proceed.
Potted History: DCA Contacts me in April 2013 saying I owe to HSBC, (which was defaulted
in 2006).
I say statute barred,( FWIW: I have sent many many letters in the past asking them to prove the debt, but never received a reply).
They say no, as I made a £400 payment in 2007.(I don't recall this but have found a £400 payment from a Bank Account to another DCA, with the same reference number).
So I sent them a Recorded Delivery letter in early May 2013, with a Pound Postal Order. asking:
1. Is the Debt assigned or owned by DCA.
2. The £400, what HSBC account has it been allocated against (I had a Credit Card & Bank Account).
3. Send me all the details, inc statements, as I dispute the amount.
I then received a letter from the DCA 2 days after they received the above "Prove it" letter, saying they would be in touch in due course.
Now, 3 weeks later (more than 10 working days) I havn't received anything.
Should I just keep waiting, (on the basis of let sleeping dogs lie), send another letter as a reminder, or send a letter saying you've had enough time, go away ?
Is there another letter I should now send ?
Thanks
FJ
I could do with a bit of advice as to how to proceed.
Potted History: DCA Contacts me in April 2013 saying I owe to HSBC, (which was defaulted
in 2006).
I say statute barred,( FWIW: I have sent many many letters in the past asking them to prove the debt, but never received a reply).
They say no, as I made a £400 payment in 2007.(I don't recall this but have found a £400 payment from a Bank Account to another DCA, with the same reference number).
So I sent them a Recorded Delivery letter in early May 2013, with a Pound Postal Order. asking:
1. Is the Debt assigned or owned by DCA.
2. The £400, what HSBC account has it been allocated against (I had a Credit Card & Bank Account).
3. Send me all the details, inc statements, as I dispute the amount.
I then received a letter from the DCA 2 days after they received the above "Prove it" letter, saying they would be in touch in due course.
Now, 3 weeks later (more than 10 working days) I havn't received anything.
Should I just keep waiting, (on the basis of let sleeping dogs lie), send another letter as a reminder, or send a letter saying you've had enough time, go away ?
Is there another letter I should now send ?
Thanks
FJ
0
Comments
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What month in 2007 was this payment made? It will have been 6 years ago this year so wondered if this was going to be soon?
If it is in the next month or there abouts I would just sit tight and then send the SB letter again.Karma - the consequences of ones acts."It's OK to falter otherwise how will you know what success feels like?"1 debt v 100 days £20000 -
I think that, once you've stated it is statute barred, the ball is their court to prove that it isn't by them starting a court claim and you lobbing in the SB argument as a defence.
I certainly wouldn't be sending any further letters at this stage. It looks like you might have been a bit premature in re-acknowledging the debt, but it's hard to be definite and ultimately only a court could rule for certain on it.0
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