Prove It

Hi, 

My partner has disputed a debt and sent the "prove it" letter which has been sent recorded and signed for. Does anyone know if there is a time line on how line they have to "prove it"? If we don't hear from them is there another letter to follow up? 

Thanks! 

Comments

  • fatbelly
    fatbelly Forumite Posts: 19,667
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    The ball is in their court. There is no time limit for them to respond.

    Assume it's dead until you hear otherwise.


  • Mimi_Arc_en_ciel
    Mimi_Arc_en_ciel Forumite Posts: 4,831
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    Thanks for the reply. Will see what response he gets. 
  • Mimi_Arc_en_ciel
    Mimi_Arc_en_ciel Forumite Posts: 4,831
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    Hi, 

    OH sent a "prove it" letter to Lowell. 

    He's had a letter back saying They bought his Credit Card debt and "we're here to help" 

    Included in the letter is a letter from NatWest stating they have sold the debt to lowell. 

    OH thinks the debt might actually be Statue barred - Is there anyway to find out? His credit report is clear, this isn't showing on it at all. 

    Thank you 
  • fatbelly
    fatbelly Forumite Posts: 19,667
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    I'd expect more than that by way of proof - a copy of the original agreement and the last statement showing transactions would be a good start.

    If they're here to help, maybe they could send proof.
  • Mimi_Arc_en_ciel
    Mimi_Arc_en_ciel Forumite Posts: 4,831
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    fatbelly said:
    I'd expect more than that by way of proof - a copy of the original agreement and the last statement showing transactions would be a good start.

    If they're here to help, maybe they could send proof.
    Thanks for the reply - I did think it wasn't enough "proof". 

    I've had a look on the "prove it letter" thread but the next letter is a complaint one. Is this the letter he should follow up with? Or should we write and ask again for proof? 

    Thanks again for the reply. 

    M x
  • fatbelly
    fatbelly Forumite Posts: 19,667
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    The complaint letter is for where you're pretty sure this isn't your debt. It's still an option.

    Where it is your debt but you want to check if they have paperwork then a CCA request can be useful - but see all the caveats in post #2 of the prove-it thread

    One way of finding out what Lowell hold, without acknowledging the debt, could be a subject access request.

    You're really looking for a default date on this account, hopefully more than six years ago. If you can get that you can send the hybrid letter in the statute barred thread - not my debt but statute barred from your own information.

    I can't see any downside with a SAR. I would ask for  'all the information the organisation holds on you,' contrary to what this guide suggests

    https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/


    I'd be interested to hear how other forumites would play this.




  • EssexHebridean
    EssexHebridean Forumite Posts: 19,758
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    I'd personally be quite tempted to simply reply pointing out that you still await any proof of the debt being yours... :lol: 
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  • Mimi_Arc_en_ciel
    Mimi_Arc_en_ciel Forumite Posts: 4,831
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    fatbelly said:
    The complaint letter is for where you're pretty sure this isn't your debt. It's still an option.

    Where it is your debt but you want to check if they have paperwork then a CCA request can be useful - but see all the caveats in post #2 of the prove-it thread

    One way of finding out what Lowell hold, without acknowledging the debt, could be a subject access request.

    You're really looking for a default date on this account, hopefully more than six years ago. If you can get that you can send the hybrid letter in the statute barred thread - not my debt but statute barred from your own information.

    I can't see any downside with a SAR. I would ask for  'all the information the organisation holds on you,' contrary to what this guide suggests

    https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/


    I'd be interested to hear how other forumites would play this.




    OH thinks the debts Statue Barred - The debt is for a Natwest Credit card that he had a number of years ago (at least 12) - Do you think we should just send the "statue barred" letter? There's nothing about this debt on his credit report. Not even a default. 
  • sourcrates
    sourcrates Forumite, Ambassador Posts: 28,041
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    Yep, hybrid letter would be my choice, the debt is not mine, but would be statute barred anyway, don`t bother messing about with too much letter tennis, go straight for the jugular.
    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 [email protected]. 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-letter
  • fatbelly
    fatbelly Forumite Posts: 19,667
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    I think Lowell have been cagey in revealing that info.

    But that letter doesn't acknowledge a debt and that's important until you're sure that six years have passed since the default date
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