Prove It

Mimi_Arc_en_ciel

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! 

fatbelly

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

Thanks for the reply. Will see what response he gets. 

Mimi_Arc_en_ciel

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

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

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

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

I'd personally be quite tempted to simply reply pointing out that you still await any proof of the debt being yours...  

Mimi_Arc_en_ciel

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

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.

fatbelly

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