Advice on old/current debt. Out the blue.

Hullster

Yes, last payment was November 2018. I double checked 2021, those statements are still available online. As for 2018 the statements are not available but there is no confusion. I had an accident August 2018. I cracked a rib, and i was walking around for 4 weeks getting worse and worse, i flew back and forth to Norway and collapsed on my return. I didn't realise my rib had splintered and cut through my lung, slowly bleeding it collapsed after the flight, i ended up with punctured lung, collapsed lung, pneumonia and sepsis, fever and hospital for a week and surgery. I was in bed for 5 months after hospital, lost my job (contractor) its what got me into a mess with cards. So i know the timings, i couldn't get out of bed let alone pay bills. Took 2.5 years to get over it, it really screwed me. I'll never forget the Doctor saying to me, you got here just in time, you have 4 things that individually kill. and you have them together. I know im lucky.

I am not keen sending a bank statement. I am debating after that letter going to the ombudsman with a formal complaint for harassment. They would need to provide the ombudsman payment details
The options
1. do nothing, ignore the letter
2. contact the ombudsman
3. reply to their letter only, but that will prove to them i live where they sent their letter
4. as number 3. plus send a bank statement challenging the payment

Rob5342

You'd have to complain to them first before you could take it to the FOS. I'd ask them for proof of the payment, see if they provide that or discover "an administration error", and take it from there.

Hullster

With the Emails, text and the letter It looks like they are trying to get me to acknowledge the debt, i need to tread carefully. I could ignore as i have already stated it is statute barred and they cannot prove it isn't, they are lying about the payment. I could just resend the same email as it says last payment on the account was November 2018.

RAS

Send the "Prove It" letter in the stickie on the front page of this subforum.

It is specifically designed to challenge assertions when the sender doesn't want to risk making written acknowledgment, for example when it's not clear a debt is SB.

It is much safer to let them have your address. Outside Scotland, a debt being statute barred means you can defend any attempt at legal action by a debt collector. But the debt still exists.

But you can't defend a legal case if you don't know about it. Creditors have to write to the last known address when they take legal action. If you last lived there 8 years ago, that's your fault for not updating your address.

Hullster

I think its passed the prove it stage, i have already sent a statute barred letter.

I am thinking the following will do it. Someone sense check this please;

Dear mfdp,

I refer to your recent correspondence with your reference number: XYZ dated dd/mm/yyyy.

Any alleged payments need accompanying proof, namely payment from where, from whom, the date and time and references used. You are formally requested to provide proof.

I will reiterate the following;

Without Prejudice.

"An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

The debt was last acknowledged by payment in November 2018, almost 8 years ago and defaulted within guidelines some 3 to 6 months later meaning the debt defaulted before July 2019, which is over 7 years ago. No payment has been made, nor has any written acknowledgement of liability been provided, since that date.

The debt is definitely statute barred under section 5, limitation act 1980 and I will NOT be paying it.

Please update your records accordingly and only contact me again to confirm this matter is now closed.

Yours faithfully

ManyWays

this is taking the hard way. Showing your bank statements proving you did not make that alleged payment is much simpler

MeteredOut

https://forums.moneysavingexpert.com/discussion/comment/82168821#Comment_82168821

Does it really prove it though? Many people have >1 bank account, and a statement for 1 proves nothing really (if the claimant wanted to play it that way)

Hullster

Exactly my thoughts. They could simply reject it leading to me having to provide further information. How legit is a copy of anything? It can be fabricated, i could of had a different account etc it is 8 years ago after all. It is for them to prove not me. I don't think my bank would be too happy knowing i am emailing around my bank details.

ManyWays

Well I hope you enjoy defending a court case. And if it comes to court, you would be very badly advised not to produce the bank statements then.~

The aim here is to show you are determined and have evidence that you did not make that payments, so that it never comes to court.

It has been said you made a payment of £68.20 in 2021. There is no need to produce bank statements going back 8 years. Did you have any other bank accounts in 2021? If you did not, a credit report will prove that as it is within 6 years. If you did, get those other bank statements as well for 2021.

Your bank will not care less about you sharing an old bank statement.

sourcrates

You are starting to take this personally, and losing sight of your aim here.

Don`t get annoyed, this is strictly business, its not personal, you should try and adopt a less aggressive stance.

They have made a claim that a payment was made in 2021, you should simply ask them to provide details about who made that payment, and remind them that any payment must be made by the debtor themselves or their agent.

And as you have no agent, and you deny making that payment, your position remains that sec 5, of the limitation act, will still apply, and unless they can prove otherwise, you consider the matter closed.

Straight to the point, and keep it professional and business like at all times.