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DLC debt collectors

AMBERSHADOW
Posts: 583 Forumite


Hi
My husband has had letter today regards a Statue Barred debt, We know for a fact this is so but they have pulled payments on the account from the sky, We have checked bank accounts for the dates they say they had cheques but no cheques have been issued to the, This debt is going back to 2008.. I sent statue barred letter template but this is what they have come back with..
Stating my husband paid by check
7/2/2005
30/03/2005
18/03/2011
19/07/2011
19/01/2012
Now from the payment history which is all they have so they say just doesn't ring true.... Look at the payment dates... why would you leave payment from 2005 to 2011 no payments? and no contact from them either I have all correspondence from all creditors
My husband has had letter today regards a Statue Barred debt, We know for a fact this is so but they have pulled payments on the account from the sky, We have checked bank accounts for the dates they say they had cheques but no cheques have been issued to the, This debt is going back to 2008.. I sent statue barred letter template but this is what they have come back with..
Stating my husband paid by check
7/2/2005
30/03/2005
18/03/2011
19/07/2011
19/01/2012
Now from the payment history which is all they have so they say just doesn't ring true.... Look at the payment dates... why would you leave payment from 2005 to 2011 no payments? and no contact from them either I have all correspondence from all creditors
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Comments
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I've just had a letter on a disputed debt telling me that the account was opened in December 2017.
Are they saying he made payments before the account was opened?
As for the 2011/12 payments, you are probably going to have to ask to see their evidence, which they won't have.
Whether they have the balls to start a court claim on the basis of made-up facts remains to be seen. If they do, head over to legalbeagles, who have experience of this.
Not Lowell is it?0 -
No its DLC.. and I have done some digging since yesterday and its 2003 start...
These payments are just not made by us at all......0 -
Write back and dispute what they have sent you.
Maintain your statute barred stance.
Make it clear you have your own evidence, and will defend any claim they should choose to start.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
sourcrates wrote: »Write back and dispute what they have sent you.
Maintain your statute barred stance.
Make it clear you have your own evidence, and will defend any claim they should choose to start.
Thank you I will do that...0 -
Is there a template letter somewhere I may go by for dispute please? I am not sure how to word the letter0
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AMBERSHADOW wrote: »Is there a template letter somewhere I may go by for dispute please? I am not sure how to word the letter
I'll knock something up for you in the morning if you like, I'm still celebrating hulls win this afternoon in the rugby !!!!!I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
sourcrates wrote: »I'll knock something up for you in the morning if you like, I'm still celebrating hulls win this afternoon in the rugby !!!!!
Thank you so very much its very kind of you to do that, I am not good really with wording for important issues0 -
You need to be 100% sure of your position, but if your happy that you are, then send them this :
Dear [Creditor / Debt Collection Company],
I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
I deny liability for what you are claiming. In addition I have not made a payment to this debt or acknowledged it for over six years. This debt is therefore statute barred and I will not be making any payments to it.
Under the Limitation Act 1980 you cannot take court action unless you can provide evidence of payment or written contact from me within the past six years. The Financial Conduct Authority rules state:
CONC 7.15.4 Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.
CONC 7.15.8 A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.
The payments you allege were made during the Limitation period were not made by me, or anyone with my authority, and I dispute there validity.
As you are aware, any payments made by a 3rd party do not count as acknowledgement, therefore my position remains unchanged.
If you continue to contact me about this debt, I shall put in a complaint to the Financial Ombudsman.
Yours sincerely,
[name]I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thank you so very much!0
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Thank you I have written Email to their complaints dept and awaiting their reply with hopefully a closed account0
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