Chased for a cleared debt

Nerika80

Hi I hope someone can help or advise?
I had a credit card debt alongside various others joint with my partner that due to a breakdown in the relationship I took on myself.
I paid each month to a dmp without missing a payment, in 2012 i was advised that all my debts had been paid and I was debt free.
2 years later in 2014 the credit card company I had back then claimed I owed them appx £950 to which I know was on the dmp! I contacted stepchange they confirmed this was paid in full, ive got this in various forms of writing from them including phone transcripts yet debt collection agencies are still harassing me 3 years later with no real proof the debt exists but I have it in black and white it was cleared 5 years ago. I have even complained through the financial ombudsman to no resolution. I am being passed back and forth with noone accepting error or help to resolve so I am close to hiring a solicitor. All I am asking really is what are my options and can anyone offer any advise, help or new ideas? Id be very grateful. Thank yoi in advance.

fatbelly

What we learn from this is that, more often than you might think, the FOS are useless.

Can you post what they said?

Ultimately, if the 'creditor' believes money is owed, and the 'debtor' doesn't, then it is the court's job to resolve this.

I am aware of a case where a 'debtor' took court action against a 'creditor', won and received nearly 3k in compensation, but that was where the 'creditor' was chasing the wrong person entirely, and the claim was for harassment.

In your case I think the burden is on them to start a court claim. You have been denying the debt for 3 years. Was it 2012 when you made the final payment on your dmp? They have until that month in 2018 to start a claim, unless you live in Scotland in which case it's a year earlier.

I wouldn't spend money on a solicitor at this point.

See what others think.

sourcrates

Agree with Fatbelly.

You have evidence the debt is paid, they can't produce evidence to the contrary.

Ignore them, if they were to start a claim, you could defend on the basis no debt exists.

Name and shame the DCA please.

Nerika80

Hi thank you both for your replies.

The debt collection agency atm is idem but their complaints branch moorgate were the ones that held the debt at the time of clearance and since 2014 they have been passing round various dca's.

Fos just said that the dmp stated they did everything correctly and so did moorgate so due to insufficient evidence therefore the debt stands despite me having data subject request from dmp stating the debt was paid in full along with emails and telephone transcripts x2 clarifying this.

"On 27 February 2014 we received a message from Moorgate through our creditor services website, advising the balance was zero. This was updated on our records on 4 March 2014”. **From my dmp in various forms.**

But moorgate and idem feel that if they say the debt stands despite this information i have provided over and over again and i have to pay all over again.

An error has occoured between the 3 ( dmp and dca's) but noone is willing to admit leaving me constantly harrassed.

I just thought a solicitors advise and a letter to each might help resolve this.

I am quite happy for them to take me to court as this might actually get sorted but in 3 coming up to 4 years they havent even spoke of it despite threatening baliffs (which if i am right they cannot do so until this has been a court case?!)

Thank you for your help and clarification.

sourcrates

What an absolutely ridiculous state of affairs !!!

Have you requested a statement of account from stepchange which shows the payments you made ?

There must be account numbers and corresponding payments surely ?

Nerika80

I do have a break down of payments from them and they confirm alongside this that the debt was cleared with them from moorgate in 2012

I have no issue paying my debts but i wont pay a debt ive been informed was paid in full after a 2 year silence, seems fishy to me.

I just want someone to admit fault one way or another so we can stop this to ing and fro ing and resolve this issue, so frustrating.

sourcrates

Nerika80 wrote: »

I do have a break down of payments from them and they confirm alongside this that the debt was cleared with them from moorgate in 2012

I have no issue paying my debts but i wont pay a debt ive been informed was paid in full after a 2 year silence, seems fishy to me.

I just want someone to admit fault one way or another so we can stop this to ing and fro ing and resolve this issue, so frustrating.

You should send copies to all interested parties showing the evidence the debt was paid, tell them in no uncertain terms that you concider the matter closed, and any further demands for payment will be met by a counter claim through the courts for harassment.

Nerika80

Sadly this is what i have been doing for the last 3 years in fact gathering more in writing from stepchange stating it was paid i full and i just keep getting responses from dca's stating i still owe it. So frustrating as you can see why ive come here to see what more i can do. I do appreciate the help hugely. Next step solicitor i think.

Nerika80

The other thing i found odd (i could just be thinking too deep on this one) is tht i went through the process of ppi back in 2014 and i recieved a check for appoximately £1000 from mbna (the original) creditor for ppi 6 months later they began stating i still owed. I said if i owed why didnt they take the apparent £950 give me the rest and be done with it. I feel like they are just trying to harrass me into giving in and paying it. I refuse to pay a debt twice. Its a large amount to get wrong and miss for 2 years i feel.

fatbelly

OK, that is a bit more clear-cut than I thought after post #1

It is moving towards harassment territory. It is a fair bit of work to start a claim but it's about setting out everything logically and in painstaking detail. You'd take action against the owner of the debt as they are the ones instructing the dcas. That might be Idem.

I'll pm you a link to that other case I mentioned

Nerika80

Ah thank you as you can understand its all very confusing and i tried to make my original post to the point and not baffling.

I just dont know how to end this vicious circle but greatly appreciate all your advise and help.