Old debt being called for

britbabe1979

I have had a call tonight from a company saying I owe money to Natwest for a credit card I had 10 years ago! They wrote to me in June and I disputed the debt as I was sure I paid this off many years ago. However, they have looked into it and Natwest have said they last payment they received was in 2002 and the amount was still outstanding. I asked them when they got the file and it was August 2004! I asked why they have taken so long to contact me and she said they couldnt trace me! Well I have lived here since 2002 and have been on electoral roll and council tax since then. They didnt understand why I didnt have paperwork from 5 years ago!

Can they still persue me for this debt after all this time? I am trying to get myself out of the financial mess my ex left me in last year, and I am getting there so I could really do without this on top!

Thanks in advance

xx

madmoney_2

i dont think its pheasible that after so long they are asking for this, i would ask to see natwests record of the supposed non payments, then take these with u 2 the citizens advice good luck xxx

rog2

Unfortunately, yes - if the last payment was made in 2002. There needs to be a gap of 6 years (5 in Scotland) from the last payment, or written contact, by you, for the debt to become statute barred.
However, I would ask for a FULL statement, and would question any charges that have been imposed, since you have not been trying to avoid Nat West.

britbabe1979

Thanks.

Should I ask Natwest for a full statement of my payments? Or Fenton Cooper (the DCA).

I am SURE I didnt make a payment to them in 2002 as thats when I moved into this house and I am certain that I cleared it well before even my eldest son was born (2001).

I have had contact from 2 different companies regarding this too. Letter from a company called Rockwell and the call tonight from Fenton Cooper. Could Rockwell have passed it on to Fenton Cooper?

penguin83

Im not an expert on this but I believe that it is 6 years from the date of the last correspondance so if you have been speaking/writing to them but not paying them then it wont be statute barred.

Hopefully someone who knows more can clarify this x

madmoney_2

grrr they really annoy me when they pass the debt like its something to throw around. like i sed hun, ask natwest for the records then take straight to CAB, its totally free and they will be able to tell you more good luck xxx

rog2

britbabe1979 wrote: »

Thanks.

Should I ask Natwest for a full statement of my payments? Or Fenton Cooper (the DCA).

NOW this puts a whole new perspective on things, bb. I had assumed that it was Nat West who had informed you that you had made a payment in 2002, and not the DCA. DCAs have been known to be 'economical' with the truth, on occasions, when it suits them.
It could well be that Fenton Cooper are lying, in order for you to admit a debt.
I would write to them using the 'statute barred' letter that you can find on http://www.nationaldebtline.co.uk in thir letter templates section.
If Fenton Cooper can not give you proof of any payments in 2002, it is likely that this debt is statute barred and they can no longer pursue you for payment.
If they are telling the truth about the payment, they will soon send you proof, but the onus is on them to prove it.

britbabe1979

I have just checked my experian credit report and theres no sign of it there. There is a search from Tessera group (who apparently natwest sent the debt to) in April this year but no listing of the debt on the Account information section. hmmmm...... any thoughts on that would be appreciated!

britbabe1979

Just a little update, I have contacted Rockwell (who own the file) and after being passed around they have said they will apply to Natwest for the payment information I have requested. I told them on the phone that I accept no liability for this amount and that I believe it to be statute barred. The lady on the phone has said that it IS a very old debt and after they get the details from Natwest they will PROBABLY go down the statute barred road.

If they phone me should I now say that I am waiting confirmation of payments made and until I get them I do not wish to discuss the matter as it is in dispute?

Thanks in advance

xx

rog2

britbabe1979 wrote: »

If they phone me should I now say that I am waiting confirmation of payments made and until I get them I do not wish to discuss the matter as it is in dispute?

Well done bb - it looks as if you may be getting somewhere. I would try and keep any future correspondence, with Rockwell or any other DCA, in writing. The OFT guidelines state that they should NOT continue to pursue you for payment whilst a debt is in dispute, but if they do phone, just tell them that you are waiting for information, from them regarding the 'alleged debt' and that you WILL NOt discuss the matter until that information has been supplied.