Statute barred urgent quick help

anthony1

I have defended a statute barred claim issued by Drydensfairfax for an old credit card. They didn't respond to my defence and the claim was stayed. No contact or payments have been made by me for over 6 years.

I have today received a letter from them and all past statements. After months of no credits to the account a payment of £1500 suddenly appears. Therefore they are saying the debt is not statute barred and are applying to have the stay lifted.

I recall what the amount is and I'm sure the relevant creditor will be able to produce the details.

The credit card company took the payment from an associated bank account without my knowledge or consent. I went into the branch a day later and the money was returned.

Dyrsdens believe that I made this payment.

How does this effect things. Can I still defend on the basis that I did not make the payment.

boo_star

Who is the CC company and who is the bank? Are they part of the same group?

If not, how did they get your bank account details?

anthony1

Part of same group. At the time it was halifax card and halifax account

boo_star

anthony1 wrote: »

Part of same group. At the time it was halifax card and halifax account

So they used the right of set off?

I'm surprised you got the money back at all.

I don't know what the rules are regarding the right of set off and the statute barred clock. My inkling is that it wouldn't restart the clock but I don't know for sure, I'm sure someone on here knows the answer.

P.S. You may get better responses on the Debt Free Wannabe forum.

rizla_king

If you signed a card or current account agreement that said they could do that with your funds then it could well count as a payment made by you, at least far as the law on statute barred debts would look at it.

Bets p[lace to ask short of a lawyer would probably be here http://www.legalbeagles.info/forums/forum.php

Candyapple

http://www.moneysavingexpert.com/banking/setting-off

sourcrates

Creditors do have the right of "off set", in this situation, i would say you were lucky to get the £1500 refunded.

Have you posted on Legal Beagles yet ?

They should be better able to advise you.

rizla_king

They have I think.

patman99

I'd get a new account open elsewhere and transfer all your money and DD's over pretty smartish if I were you. that will stop them trying the same trick again in the future.