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Marky2

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  1. Stupid of me I know, but I don't want to alert them to the problem should they have made a mistake! Can I print off my online statement showing the payment as some sort of back up that I don't actually owe them anything?
  2. Just logged onto my online MBNA credit card and my balance has been cleared completely by a "LST Credit Transfer". My available balace shows as £0, with a £6k credit limit but £0 available to spend. I recently cancelled an additional card - I reckon its something to do with that as a security measure. Does anybody else have this happen to them? I know its too good to be true, but could somebody put me out of my misery please and confirm it will go back on to my account in a few days and my balance hasn't been magically cleared? thanks in advance
  3. Thats what I thought, but MSE site appears to claims that due to the test case being put on hold, the date is frozen at June 2001 - so any charges from that period can still be (in theory) be challenged and potentially claimed back?
  4. I posted a month or so ago about a letter I received from a DCA pursuing me from an old balance for an overdrawn Barclays Bank Account that had an overdrawn by around £2,000. They claimed I owed an outstanding balance of £1000 and this was now being collected by them, after requesting more iformation they sent me statements showing my closing balance of the account (dated 2001) before the account was closed and passed for collection. I challenged the letter due to the 6 year Statute Barred legislation (as payments made towards it after the 6 year cut off were from my partners account and not in my name) - and recently received a letter saying that the account was not closed and I would not be pursued further. 2 questions, can this matter be resold on to another DCA so the story starts over again? And secondly can I be really cheeky and try and claim the charges that have been added to the account? If I can, how can I do this, and if I do will it nullify the 'Statute Barred' status of the account? Any help appreciated, thanks in advance
  5. Bump - any input about what constitutes 'proof' please?
  6. But at the moment the DCA have yet to provide 'proof' of any payments to them, do they have an obligation to provide this proof before being legally entitled to recover this debt? Does something written on their own letterhead count as proof?
  7. I understand that, but they cannot provide proof (so far, anyway) and it wasn't me who made the payments towards the debt. It was somebody else, from their bank account in their name - does it need to be me personaly make a payment? Surely (exagerate to make a point) but in a case that is SB then a anybody could make a payment "on behalf of" who owes the debt without them knowing this nulling the stature barred? I know this is not the case, but its a possible scenario - so does the payment need to be proven and does it need to be me?
  8. I have been sent a collection letter from a DCA for a debt accrued around 2001 for a bank account with overdraft - totalling around £2,000. At the time, my partner set up a direct debit to pay towards this debt on my behalf the sum of £35 per month. In 2005 we cancelled the direct debit from my partners account, and recently a DCA has cought up with me after a couple of changes of address. A huge percentage of the initial £2,000+ debt (now reduced to £900) was due to charges. I have written to them with the statute barred letter, advising that as the debt is over 6 years old I require proof - they sent me copies of the actual account the debt was for - but the last entry before the account was closed was 2002. They wrote in their letter that they had received payments of £35 per month for a period of time and the last one was in 2005 - but they have provided no proof of the payments. 2 questions - 1: The payments would have been made by somebody other than myself, would this still count as my acknowledgement of the debt? And 2: How do I go about trying to claim the charges back on the account without acknowledging the account/debt? Can I do this, or is the bank charges debt stature barred? Your help would be appreciated.
  9. I have recently received a collection letter from a debt from a few years ago, but I don't beleive it to be stature barred yet because of the time elapsed is not great enough (I think I made payments up to 2005, but the actual debt is from 2002). I recently got a copy of my credit file from Call Credit, and the account that this debt collection letter relates to is not on my file. My question is, can the DCA leave any negative feedback on my credit file as there is no account on it at the time of writing? Does an account have to be on there for negative information to be added? Am I safe in just fobbing them off for another couple of years until the debt is statute barred? I cannot afford any negative information on what is now a fairly healthy credit report with little or no black marks on it. Your help will be appreciate, thanks in advance.
  10. I am writing this for a family member. We purchased a relatively expensive suite from SCS (2 x 2 seater leather), and started to experience problems with the amount of support it offered us after around 9 months. When sitting on the suite we started to sink, after only light usage by 2 pensioners. We visited the SCS store advising of our problem, they sent somebody out to look at it, they put some extra foam inside. Shortly after the problem occured again and their solution was no good. We wrote to in November them asking for them to investigate and offer a solution, they replied asking for 2 weeks to investigate and prepare a response, we didnt get a reply. We wrote again in March asking for them to help, they sent somebody out to inspect the suite. We never got anything back from them with a report, we never had anything back at all from them. We wrote again 2 weeks ago offering them 14 days to help with a solution, or we would pursue them through the small claims track for damages for the full purchase price + interest as the suite was not of reasonable quality and not fit for purpose. Today we received a fairly aggressive phone call from SCS, advising us that there was nothing wrong with the suite and they advised us to take them to court if we wanted anything doing about it. My questions are: Can we get any sort of legal aid as we are pensioners with no real income? How much liability are we looking at if we do go through the small claims track and we lose? How would we go about trying to prove the item was not of reasonable quality? Is the burden of proof with us or SCS? Would their lack of communication count against them in court? Thanks in advance, hope somebody can offer some guidance.
  11. If I challenge the charges though, am I acknowledging the debt?
  12. Thanks for the info, sounds like a decent plan - given that I reckon over the years the amount of charges I have racked up will probably outweigh the amount they are saying I owe the DCA. Just a couple of further questions though if anybody has the time: If I request the information from Barclays, what happens to the DCA - am I entitled to have the account put into dispute to prevent them taking any further action against me? And As asked before, as the account doesnt appear on my credit file, what action can they take? I cannot risk my current reasonably good recent credit history ruining with a bad entry from this blast from the past (taken me a long hard time to get it sorted since these bad old days). Thanks for your help so far.....Sorry if I am asking silly questions.
  13. OK, thanks. Couple if things this throws up - I have checked my credit file and there is no trace of either a default or a registered account for this account/debt, so is it a fair assumption that nothing negative can be left on my file now? If nothing negative can be left on my file, whats the worse that can happen? CCJ? SHould I concentrate on other more pressing/important debts? Thanks
  14. Sorry, forgot to add: This debt does not show on my credit file, whats the likelyhood of them adding adverse information on it now (something I can not afford to happen). Thanks in advance.
  15. OK, bit of an update here now with this one. They have sent a letter saying that they have received 4 x payments of £35 from me in the 2005, now this sounds fairly likely - but if it is the one I am thinking off these payments could have come from my then partners bank account, not mine (if this is the one, and I dont remember for certain it is). The letter they have sent me has no proof of these payments and no statement or anything else. Seriously thinking about just paying it to get them off my back, but still the amount from the last statement they sent me differs widely from the amount they say I owe...... Its a bit annoying that a massive amount of this debt is made up of bank charges from 2002. Any thoughts anybody please? T.I.A
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