Fictitious Payment

JadedAngel88

I did write out a whole load of bumpf which I deleted and will just get to the point. 

PRA are saying that I made a payment on a debt. I am trying to find the information I need to ask for, with regards to the payment. 


I can not check on my credit report because it has been dropped off by at least 3 years. I defaulted in 2013 and I am quite certain that I have never paid anything towards it.

Thanks for any help.

sourcrates

I assume your attempting to ascertain where you stand with regard to the debt`s limitation status.

Your saying its statute barred, they are saying no, you made a payment at such and such a time, is that about right ?

Its quite common for DCA`s to claim a payment was made in these situations, on most occasions it can be an internal transfer that they are referring too, which of course could not have been made by you.

If they say you made a payment, write and ask them to send you proof, otherwise its just blowing in the wind, your word against theirs.

If it ever came to a court claim, they would have to render proof then.

JadedAngel88

sourcrates said:

I assume your attempting to ascertain where you stand with regard to the debt`s limitation status.

Your saying its statute barred, they are saying no, you made a payment at such and such a time, is that about right ?

Its quite common for DCA`s to claim a payment was made in these situations, on most occasions it can be an internal transfer that they are referring too, which of course could not have been made by you.

If they say you made a payment, write and ask them to send you proof, otherwise its just blowing in the wind, your word against theirs.

If it ever came to a court claim, they would have to render proof then.

Thanks, I have asked them to send me the proof of payment. I just remember that we I had this before with lowells. I found  specific questions to ask with regards to the payments because they could just say 'oh you sent 5 pounds'. You know like which bank was used or was it postal order, cheque or card payment.

I have my doubts as to this payment being real because may 2016 is a time of my life I'll never forget and paying debt would have been lower than hell in my worries.

sourcrates

See what they come back to you with, phantom payments that put into question a debts statute barred status, are a common tactic used by some companies to try and persuade you to check your own sanity.

They may tell you porkies, but spinning that line to a court would be a very different matter.

JadedAngel88

So below is what they have sent me. I have x'd out the name. To me it doesn't prove anything and it's quite fishy how the last payment is for £1 but no reference and is between August and May. I think they know this is SB and they're trying to pull a fast one.

2nd December 2014 - 5th May 2015: £20.00 per month paid via BACS with reference MISS X X XXXXXXX

28th May 2015: £0.58 paid via BACS with reference MISS X X XXXXXXX

2nd June 2015 and 2nd July 2015: £20.00 paid via BACS with reference MISS X X XXXXXXX

4th August 2015 - 4th May 2016: £1.00 per month paid via BACS with no reference shown. 

sourcrates

The £1 paid via BACS with no reference number, could be anything from anyone.

The Limitation act is quite clear - "only written acknowledgement or payment, by the debtor"

Can interfere with the limitation process.

As you are at an impasse, I suspect that`s where this will stay, they may be unwilling to test there theory in court, which is the only way now they can prove you wrong.

fatbelly

Well you'll find out how confident they are because on their figures they have six months to start a court claim.

Of course if you are in Scotland, it's over already.

You could ignore for now but you must respond to a pre-action letter if it comes

JadedAngel88

fatbelly said:

Well you'll find out how confident they are because on their figures they have six months to start a court claim.

Of course if you are in Scotland, it's over already.

You could ignore for now but you must respond to a pre-action letter if it comes

I'm in England so it's 6 years but this defaulted in July 2013 and I haven't paid anything towards it since before that. The reason I know that is because the amount they say I owe is the same amount that was defaulted on. 
Anyhow, I have now been told that my email has been passed over the their 'specialist' team. So I will wait to see what that brings.

[Deleted User]

8 years ago then - no longer enforceable.

sourcrates

But there statements show payments up until July 2015, plus the £1 disputed payments for another 11 months, so you paid for at least 2 years after it defaulted.

fatbelly

Last payment May 2016 on their info