We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Debt agency chasing but I've paid in full

Options
Today, out of the blue, I received a letter from a debt collection agency for a credit card debt that was paid off in full in 2004. My problem is that it was paid by my father who is now in his 70's. He will worry himself sick if he can't find the documentation to prove it was paid and I definitely don't want the agency contacting him. What info do I need to give them to prove this debt has been cleared?

Comments

  • They're probably chancing it. What did the letter say? As far as I know, they need to prove the debt exists, not you prove it doesn't.

    It sounds like its statute barred anyway as its over 6 years.
  • The debt was 3291.90. They're offering a settlement figure or payment plan. They can easily prove the debt existed. I just need to know what I need to produce to show it's been paid.
  • The debt was 3291.90. They're offering a settlement figure or payment plan. They can easily prove the debt existed. I just need to know what I need to produce to show it's been paid.

    I wouldn't bank on that. Obviously it existed at one point, that doesn't mean you're liable after you've paid it.

    I was in a similar situation, I asked them for proof of debt and they sent me one page of a three page phone bill. That's not proof of debt. Debt collectors are scum and will try anything to get money.

    Contact whoever you had the debt with and speak to them. If you can get them to confirm the debt is paid off in writing, I'd ignore the debt collection agency.
  • fatbelly
    fatbelly Posts: 22,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 25 November 2014 at 7:14PM
    Even if it wasn't paid off in 2004, it clearly hasn't been acknowledged between then and now and so is statute barred.

    Remind them of FCA guidance with this letter #5 (you may need to amend it a bit)

    https://forums.moneysavingexpert.com/discussion/2606811

    and then refer them to FOS if they continue to pursue it
  • FireWyrm
    FireWyrm Posts: 6,557 Forumite
    Part of the Furniture Combo Breaker Debt-free and Proud!
    Just adding to Fatbellys' concise post - not only is it more than likely statute barred, but the onus is on them to prove that the debt is owed and not you to prove otherwise. The fact that they have offered you a settlement or payment plan screams that they a) have absolutely no proof that this is owed and b) it is statute barred and they are hoping to bully you into paying.

    Ignore their letters. At this late stage in the game, sending a Prove-It would just tell them they have a 'live one' and encourage their harassment. Keep an eye out for potential CCJ papers, but it is highly unlikely. Alternatively, you could write to them simply telling them that this was paid years ago and you have nothing further to say to them on the subject.
    Debt Free! Long road, but we did it
    Meet my best friend : YNAB (you need a budget)
    My other best friend is a filofax.
    Do or do not, there is no try....Yoda.

    [/COLOR]
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.