Paid off debt impasse?

Workworkwork

Hello all. Firstly thanks for all the advice I've always been able to find on the forums without asking new questions. However I've got one I can't find any previous advice for in my searches.

Back in 2012, I got in financial knots with payday loans (sounds familiar huh). I tackled it with StepChange's help and cleared the debts over the course of a year. However after I thought all was done, in Aug 2013 I was contacted by a loan company who insisted I owed another one. They provided a loan agreement. After checking it seems I had overlooked this loan. I agreed I owed the amount and set up a payment plan starting immediately and clearing over the course of 5 months (all this is in emails). I recall that all automated card payments went through smoothly and remember the feeling of relief when the final payment was done. I had no further contact with the company, and I have not changed contact details.

Fast forward to Jan 2017 and I receive a letter from BW legal chasing the same debt (plus fees of course). I responded with a 'prove it' email, to which I had a response saying something would be in the post. Nothing arrived and I assumed it was an error or them chancing their arm.

However I've just received another letter in December 2018. My 'prove it' email this time resulted in a letter with a copy of the original loan agreement. No mention of payment schedule etc.

I've double checked that I've had no contact whatsoever, no 'missed payment' emails at the time or in the years since. I've checked my credit file with all agencies and there's nothing outstanding (I've been monitoring it over the years and watching my slow improvement) and the records show the balance to the loan company as paid in 2012

Unfortunately, I have changed banks since then and my bank of the time (NatWest) have confirmed they will only provide statements up to 5 years ago. I also only keep 5 years of bank account statements. So I'm not able to prove I made payment.

Is the onus on BW legal to prove I did/did not pay?
Would I be foolish to contact them with the emails of the payment schedule (would that be admitting a debt)?
I'm really lost as to the best way forward and I'm really frustrated to be chased again when I'd made it to debt-free years ago.

Thanks in advance for any advice you can give me.

[edited to correct my erroneous dates. Apologies for confusion.]

sourcrates

Hi,

Ever heard of the limitations act ?

I’ll come back to that in a minute.

You say you’re paid this debt, well you don’t have to prove you have, they must prove you havent.

Also, you have another string to your bow, if you were last contacted about this debt in 2012, it would now be statute barred most likely anyway.

So, send BW a letter headed “ACCOUNT IN DISPUTE” stating you have paid this debt in full, in 2012, and not withstanding that, even if a balance was outstanding, time has run out to collect on this account, under sec 5 limitations act 1980, the account would now be statute barred.

Thank them for their interest, and tell them never to contact you again about this matter.

Workworkwork

Oops, sorry, I jotted the date wrong on my notes. It's 2013, which from my research means it's just inside the 6 year statute bar (as I admitted in Aug 2013 I owed the debt and agreed payment schedule, hope I'm correct in that understanding)
Really sorry about the error, will amend my post.

Workworkwork

Also thank you re: their requirement to prove it. I had a hunch that was the case and your reassurance is really helpful, thank you

fatbelly

There's a hybrid letter which says 'I don't owe you anything but if I did it would be statute barred anyway'. It's post #5 here

https://forums.moneysavingexpert.com/discussion/2606811/statute-barred-debts-and-the-limitation-acts

You might change 'I would point out that we have no knowledge of any such debt being owed to <creditor>' to I have no knowledge of any money currently being owed to <creditor>.

I wouldn't acknowledge the debt or even risk acknowledging it at this stage. If it came to a court claim the strongest defence you might have is the six-year gap.

Workworkwork

Thanks @fatbelly
I a mistake on the notes I jotted and I actually agreed and arranged payments in Aug 2013 so I'm a few months inside the 6 years. Not sure if it's better to say 'nope' again and hold out to the 6 year mark - ie a letter to say that the date of the loan agreement you have sent me is December 2012, why are you pursuing this after 6 years and see if they give up? I'm wondering if they'll try arguing that they've contacted me exactly at the 5 year and 6 year marks....

DD265

This page suggests they keep statements for up to 7 years:

https://supportcentre.natwest.com/ONLINEHELPDESK/913226332/How-can-I-get-a-copy-of-my-statement.htm

So it might be worth speaking to somebody else, or going in branch and explaining.

Do you still have the emails from 2013 when you cleared it? If so, I assume that's a different company and not BW Legal? I don't know whether you'd a) be able to get them to prove they received payments and b) report them for seemingly not closing the account properly and force closure somehow, but others might know more.

[Deleted User]

I managed to get older Natwest statements by requesting them over the chat online after being told once already that I couldn't obtain the ones I needed, they were quite helpful once I explained I was trying to provide proof of payment to a company

Workworkwork

Thanks for the advice. Unfortunately as I'm not a natwest customer they won't help me online. In branch they said 5 years but I'll go back again at a quieter time and see if they're inclined to be more helpful!

The loans company never emailed any payment confirmations for any loan with them (I had a few) but were very quick to email missed payment alerts. Which is another reason why I'm sure it was paid

[Deleted User]

I'm not anymore either - I just managed to find my old sort code and account number and go from there. I'll try and work out how I managed to go about it