Unusual Accronyms on Statement

myotai

Hello everyone,

I have challenged a DCA by suggesting that the Debt is Statue Barred - last payment/contact I made was in June 2008!

I know this as they sent me a statement that displays the last payment I made (which was itself an arrangement rather than the full monthly payment) being June 2008.

The only other transactions on the account are two more four months later. One for nearly 13k shortly followed by another much smaller amount that renders the balance $0.00.

Under the 'Type' Tab, the abbreveations are WRT for the larger amount, then WARR for the smaller. In the comments its says 'Write-off'.

Looks to me like as a result of them not receiving any payments from me for four months they have closed the account to £0.00. But my understanding is that this is not when the Statute Barred clock starts ticking, its when I last contact them or made a payment - which I say was in June 2008.

Can anyone shed any light on this?

Thanks in advance!

M...

sourcrates

Looks like they are some sort of internal abbreviations used in there business, could be the debt was sold on, hence the 0.00 amount.
If your sure about your dates, then anything they put on your file does not alter the SB date.
Have you had any recent letter about this debt ?

myotai

sourcrates wrote: »

Looks like they are some sort of internal abbreviations used in there business, could be the debt was sold on, hence the 0.00 amount.
If your sure about your dates, then anything they put on your file does not alter the SB date.
Have you had any recent letter about this debt ?

Thanks,

The only correspondance I have had in years (about 6 to be precise!). Was from DCA calling in the debt. I wrote to them stating it was statute barred. They sent the statements as I have described above.

They have now passed it onto a solicitors who are pretty much asking for the same.

No other 'proof' of it NOT being barred. Would they really shoot themselves in the foot like that?

M...

sourcrates

I assume you didn't pay the 13k then ?
You treat solicitors, as you would DCA`s, there is no difference, I would just reply that you have no knowledge of the 13k payment, and give them the date you did last make payment, state again that its SB, and unless they can prove otherwise, ie, with physical evidence, not to contact you again.

myotai

Thanks again.

Planning on sending just that letter tomorrow...

myotai

So....the solicitors wrote back and bascially referred me to the letters that the previous DCA sent, suggesting that this was proof that the debt is not statute barred. I don't
think that the solicitors are even aware that all the DCA provided were statements demonstrating that the last payment I made was over six years ago (in June 2008) and the activity on the statement that they're referring to (in Oct 2008) was the bank closing the account. Nothing to do with me!

The solicitors have provided nothing else by way of 'proof' that its not statue barred. No other information, no letters, nothing.

I have been advised to wrote them reitterating the Limitation Act as well as pointing out that the statements the DCA sent do nothing but prove that it is in fact statute barred.

What do you think?

fermi

Some parts of this may be useful then http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

myotai

Wow! Thats perfect!

I have merely added the following:

"...The information you refer to from your clients and the bank statements supplied by them categorically and definitively demonstrates that this Debt is indeed STATUTE BARRED.."

Do you think that will be sufficient?

myotai

*** UPDATE ***

DCA instigated 'Claim' through court. I am seeing a solicitor re this.

Still no loan agreement mentioned or produced.
Still no proof that all accounts in question are not Statute Barred.
Only paperwork from DCA are old bank statements clearly proving no activity on account by me since July 2008.
Shabby photocopy of spreadsheet with lots of transactions - only indication of relavance is a hand written Account number.

One of their letters states I paid £50 in Nov 2011 - presumabely their argument for accounts not being statute barred. Only other account I had at that time proves NO PAYMENTS FOR £50 MADE IN THE PERIOD THE DCA QUOTES.

Are they really that stupid as to embarass themselves in court like this??

happy_bunny_2

Maybe they are hoping it will scare you into paying.

Is the court claim genuine?

Maybe they are just stupid...

fermi

Quite a few other debt collectors have tried court claims with made up payments.

Some examples on: http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

Maybe ask there for pointers?