Arrow/Reston

2hapennys

Hi all over the last month I have recieved letters from Arrow about a debt of £600,I ignored them as it stated it was to HSBC whom I never had any dealings with.

Two weeks ago I had a letter from Restons saying they had been instructed to start legal proceedings, I duly sent the prove it letter and they sent an agreement from 1997 for a loan (joint with my now ex husband) which was with Bank of Ireland.

There is nothing on my credit files with reference to this debt.
I then sent a statute bared letter and Reston wrote back saying that according to their records a payment of £1 was made in Oct 08.

My ex husband dealt with the finances and we seperated in Sept 08 and I opened a bank account with Yorkshire so if any payment was made it was from our old joint account.

In the last correspondence they again state that legal proceedings will commence. I have just about got my credit history repaired, and dont need a CCJ against me for another 6 years.

With this being a joint debt am I liable for the full ammount or not, should I just pay up, or make them an offer.

Any advice appreciated.

Thanks for your time.

sourcrates

2hapennys wrote: »

With this being a joint debt am I liable for the full ammount or not, should I just pay up, or make them an offer.

Any advice appreciated.

Thanks for your time.

Hi,
If its in joint names you will both be liable for the full amount of the debt unfortunately, its not unheard of for DCA`s to find a "phantom" payment when a debt would otherwise be statute barred, firstly I would write and ask for proof that a payment was made when they say it was, then see what comes back.


"In the last correspondence they again state that legal proceedings will commence. I have just about got my credit history repaired, and dont need a CCJ against me for another 6 years."


DCA`s do this a lot, mainly used as a threat, on a debt that old I would say they are trying it on.

2hapennys

Thank you is there a template letter to ask for proof of payment?

happy_bunny_2

Just state you wish to see proof of the alledged payment as according to your records no payment was made and you still consider the account statute barred.

They either make up a payment or sometimes put the £1 CCA request payment to it. Not allowed but can be done. If you ever submitted a CCA request.

2hapennys

Just an update and if possible some more advice please.

I contacted Restons by letter and asked them to prove that the alleged payment was made to the account.

They have replied saying they have no obligation to investigate that payment, and unless I pay within 5 working days they have strict instructions to issue a court claim.

If I contact them they are willing to take monthly instalments providing I complete an expediture form, or they may take a reduced amount in full and final.

What should I do? I really dont need a CCJ, and the thought of court terrifies me I am allready on anti depressants and this is stressing me out.

Sorry to ask again but this forum as been so helpful.

Thank you

[Deleted User]

2hapennys wrote: »

I then sent a statute bared letter and Reston wrote back saying that according to their records a payment of £1 was made in Oct 08.

That's about 11 years after the account was set up.

When was the last payment/acknowledgement, prior to the £1 in Oct 08?

Also, given the date when it was set up, you will want a copy of the original, signed CCA.

BTW. Given the payment was £1, I wonder if it was a payment for a CCA request, that was misdirected?

[Deleted User]

2hapennys wrote: »

They have replied saying they have no obligation to investigate that payment

Yes they do.

It's for them to prove you owe the money, not for you to prove you don't.

Powered_By_Pies

2hapennys wrote: »

Just an update and if possible some more advice please.

I contacted Restons by letter and asked them to prove that the alleged payment was made to the account.

They have replied saying they have no obligation to investigate that payment, and unless I pay within 5 working days they have strict instructions to issue a court claim.

If I contact them they are willing to take monthly instalments providing I complete an expediture form, or they may take a reduced amount in full and final.

What should I do? I really dont need a CCJ, and the thought of court terrifies me I am allready on anti depressants and this is stressing me out.

Sorry to ask again but this forum as been so helpful.

Thank you

You have every right to demand to see proof of payment and they are very much obliged to provide that information. Otherwise, I could turn around and say you owe me money, and when you ask for proof I could just say 'I'm not obliged to show you, but you owe me money'.

Even if a token quid was paid in 2008, it's most likely on the verge of being statute barred again as it's a near as makes no difference 6 years old.

How quickly are they replying to your letters? Within a week? A few days?

They're trying it on. Sounds like they bought a debt book from someone and are trying desperately to use scare tactics to get people to pay for fear of their empty threats. If it went to court, I dare say a CCJ would be refused due to the age of the debt.

Think it's safe to say you can basically tell them to contact you on your premium rate line - 0121-do-one.

fatbelly

2hapennys wrote: »

They have replied saying they have no obligation to investigate that payment, and unless I pay within 5 working days they have strict instructions to issue a court claim.

DCAs often invent a payment at this stage but lying to you, and lying to a court are a bit different.

Remind them that you have made your position quite clear. You consider the debt statute barred under the Limitation Act 1980, and you have no record or recollection of making the payment they allege nearly six years ago.

They are of course welcome to ask a court to adjudicate on the matter and they will be required to evidence their position in response to your defence to the court claim.

You will not be entering into further correspondence on this matter without seeing the evidence they intend to rely on in court..

Valid point made earlier - if there was a six-year gap without payment prior to Oct 2008 then it was already SB at that point!

happy_bunny_2

2hapennys wrote: »

Just an update and if possible some more advice please.

I contacted Restons by letter and asked them to prove that the alleged payment was made to the account.

They have replied saying they have no obligation to investigate that payment, and unless I pay within 5 working days they have strict instructions to issue a court claim.

If I contact them they are willing to take monthly instalments providing I complete an expediture form, or they may take a reduced amount in full and final.

What should I do? I really dont need a CCJ, and the thought of court terrifies me I am allready on anti depressants and this is stressing me out.

Sorry to ask again but this forum as been so helpful.

Thank you

Of course they have to prove it.

They are trying to pressure you to pay by blagging it.

Some good advice above. Don't give in to them.

HB

2hapennys

Thank you all for your replies.

They responded to my first two letters within a few days. the last one where I was asking for proof of payment, took them over 10 days to reply.

Is it worth me writing to them again, or waiting it out?

The deadline they have issued is Monday.

I have a copy of a CCA, signed by my ex husband and myself which they included within reply to letter number 2.

This was signed on the premises of my former address I recall a courier came round with a cheque and the paperwork we needed to sign, does this make any difference?