DCA Demanding payments on what i thought was Statute Barred

northernlad36

Hi all,

Had a letter from a DCA, Shakespeare Martineau on behalf of Indigo Michael Ltd / Safety Net Credit for a debt from many years go.

I couldn't remember specific dates of when i used them so checked my credit file and believed it to be Statute Barred so sent them the standard letter.  They have come back to me and said it isn't Statute Barred as a payment was made 21st July 2016.  After checking the statement they sent i can see it was an automated payment.  Remembering what happened at the time they charged my expired debit card £679.20 randomly after no payment had been made for over 2 years! I remember because i went mental at the bank saying what is the point of having an expiry date on a card if you have allowed someone to take a payment on it and i requested a chargeback which went through.  So the way i see it the debt may of been statute barred at this point now had they not tried to automatically take payment on an expired card, something i find a bit dodgy on both their side and the bank!

Presently I dont have that sort of money, i'm on furlough for now so receiving 80% of my usual salary and my job has been placed at risk.

Can someone recommend the next course of action?

Thanks.

poppasmurf_bewdley

If you requested a chargeback, and it was done, then the payment was reversed, ie not made.  Tell the DCA you are prepared to argue this in court if they proceed.  

fatbelly

I agree with the above. Only a court can decide whether something is or is not statute barred and if they feel lucky they should go for it.

Their move...