a little advice please

any_help_would_be_great

Hi all

My first post here so my thanks for any help, I have searched through but cannot find a similar topic

I have been speaking with a DCA who are chasing me for a bank debt of £1450.00, the debt is statue barred in mid-February although goes back to 2005.

I had previously paid a DCA token amounts but lost my job and my home and stupidly hid away from things for a while until i was in a place where i could deal with it all.

I have sent a prove it letter, my account is on hold but they are now saying that this is for an overdraft which would not be possible, if anything it could only be a loan. They say they are asking for copies of my statements from the bank but may not be able to get them.

Is this them trying to use overdraft as a means to collect? do I have any options here? I am not trying to avoid this but to put myself in the strongest position for a F&F I can afford

Any help would be great

Tixy

Hi and welcome to the forum.

When you say the debt is statute barred - do you mean it is already statute barred since last Feb? or do you mean that it would be SB next Feb if they don't take court action and you don't offer payment?

If you have sent the prove it letter then I would do nothing else until they provide some evidence. If they cannot get copies of the statements/a transaction list from the bank then they won't be able to take court action against you.

If they do eventually provide statements/proof then at that point you can assess whether the debt relates to you, whether it was a loan, whether it is statute barred already etc.

any_help_would_be_great

Hi Tixy, thanks for the welcome

the debt will be statue barred this Feb.

I sent the prove it letter, then asked for more proof as they sent a meaningless statement.

My concern is that they will get one statement from the bank which shows a single amount rather than detailing if it was a loan. I have never had a high overdraft in my life but there is the possibility of it being a loan

Tixy

If they sent you one statement that you still don't recognise then I would either send back another letter still not acknowledging the debt but requesting a full transaction breakdown, or you may choose to ignore it until Feb.

Do you know that you stopped paying the loan in Feb 2009? Did you have a bank account with the same bank? if so it may be that the alleged overdraft arose from them making payments from the bank account to the loan account and pushing you in to an overdraft / unauthorised overdraft?

Just to clarify - when you sent the prove it letter was it like this Letter when you know nothing about about the debt - AKA "Prove it" letter
or was it a CCA request?

any_help_would_be_great

I have not had any loan or overdraft since 2004, the breakdown they have sent me says I paid the DCA from 06-09. Its the bank they can't get records and history from they have only confirmed an account and an amount.

Like i say if this was is a loan owned by me the intention was to request a CCA and look to make a F&F as its an old loan and I doubt the CCA would be enforceable and I could make an affordable payment.

If the DCA only provide 1 statement from the bank and it is mine then I am more than likely not in the best position for a F&F and clearing it off

any_help_would_be_great

sorry Tixy i read that wrong, yes the account and loan would have been with the same bank

yes it was a prove it letter i have not requested a CCA as yet as to my mind it has not been proved to be my debt

thanks again

psionicman2000

here's an interesting article about debt collectors and what you can do to fight them off

http://hanavee.hubpages.com/hub/You-Can-Beat-Credit-Card-Debt-Collectors

mike

MrWillyWonka

psionicman2000 wrote: »

here's an interesting article about debt collectors and what you can do to fight them off

http://hanavee.hubpages.com/hub/You-Can-Beat-Credit-Card-Debt-Collectors

mike

I have seen this type of article before but it has always been dismissed as companies are within their rights to sell on contracts. Besides, it's an American article; different laws.