Debt advice

brydo86

Hi there. Me and the wife are trying to become debt free. The wife has an old phone bill from 2007 which is roughly £600 (don't ask). I sent away the pro forma letter to have the debt agency stop sending letters as it should be time barred (I stay in Scotland) however they have just got back stating that she had made a payment of £20 back in 2012 (providing paperwork) and has therefore acknowledged the debt. Can anyone assist on what to do from here? Accept defeat?

sourcrates

Did she actually make the payment of £20 ?

Or is the DCA trying it on ?

It has been known for DCA's to make up phantom payments, trying to convince customers that they made the payment, however, it's a different matter providing evidence to a court.

I would write back and ask them to prove she made that payment, they should be able to provide payment details, so you will know one way or another.

brydo86

They have printed off a statement like document which shows a payment of 20 made in 2012. So it seems as though my partner has acknowledged the debt existing.

LandyAndy

And is the payment showing on your partner's bank statement?

National_Debtline

Hi

As the others have said, it’s worth insisting that the debt collectors provide proof of the payment by clarifying the method of payment and the details. That way it can be cross-referenced against your wife’s other accounts to check that the payment is real.

They could have just created that statement they’ve sent so I wouldn’t class that as sufficient proof.

James
@natdebtline

sourcrates

brydo86 wrote: »

They have printed off a statement like document which shows a payment of 20 made in 2012. So it seems as though my partner has acknowledged the debt existing.

Insist on a breakdown of how the payment was made, and by what method, these people are very slippery, so question everything !!!

brydo86

Thanks people. I'll do some digging. I presume the bank can go back and obtain statements from 2012. Also what if she is no longer with the same bank and owes the old bank account money for an overdraft......

sourcrates

brydo86 wrote: »

Thanks people. I'll do some digging. I presume the bank can go back and obtain statements from 2012. Also what if she is no longer with the same bank and owes the old bank account money for an overdraft......

Ask the creditor for proof the payment was made, let them do the legwork, not you !!!!

fatbelly

So she made a random payment of £20 just before it went statute barred, then nothing for the next 3 years. Sounds a bit unlikely.

wiltsguy_2

fatbelly wrote: »

So she made a random payment of £20 just before it went statute barred, then nothing for the next 3 years. Sounds a bit unlikely.

agreed, sounds like they are trying to prevent it be SB, ask for proof of this payment, if they provide some proof get this verified by the bank

brydo86

They have provided a statement showing payments and the like. During this time she was using bank of scotland and now owes them money so she cant call them to try and confirm the transaction. Any ideas?