Appreciated Andy, thanks.

Google is my friend, I can see the GDPR came into force on the 25th of May 2018.

The debt in question is mortgage shortfall so 12yrs for SB however it is now 16yrs anyway. The none existent payment is either a complete fabrication or a misappropriation of funds via the SAR £10 from 2007. Either way, the debt is still SB, no question whatsoever. BTW, you mention the £10 for SAR not being required now, how long has that been the case?

You know, I think I will do this, thank you Will wait and see after that I guess!

I thought that as I haven't ever made a payment on the account and they have "magic'd" one from somewhere that would be classed as fraudulent activity as they are using that to say the debt isn't statute barred. If they have, in they I mean maybe Lawsmiths who I sent an SAR to with a postal order for £10 in November 2007 or of course Arrow or Shoosmiths but I really don't know as Arrow took it over in 2013 and used drydens prior to Shoosmiths. I am sorry that I am not being very clear hear, this has been going on since 2007 and I do have all correspondence but it has been bounced from DCA to DCA, the account was "closed" at one point, there have been huge gaps between correspondence. This lot are clowns, have never answered a straight question, never fully fulfilled an SAR on a mis-sold property from over 16 years ago and now they have somehow found a random one off payment in 2008 which I never made on an account that I have never acknowledged the debt on. It is a farce! All of the correspondence is by letter, including the one stating I made a payment, which if I had then there wouldn't have been an argument from that point forward, but they have still pushed, and for 10yrs since 2008 and have never once mentioned this magic payment..... .....until now. I will add that once I did get a phone call, the lady on the other end didn't introduce herself, she said hello "my name", shall we discuss a payment you made on an account, at which point I put the phone down. I now no longer answer the phone if I don't know the number and if I am honest when the postman comes it has a physical effect on me, when I opened the Shoosmiths letter last week my hand shook. I am close to going to the doctors and just reporting my symptoms on this, surely this is unfair behaviour.

Hi All, I have been chased since 2007 on a Northern Rock mortgage shortfall from 2002. I have never admitted liability for said debt and I have never made a payment. Shoosmiths on behalf of Arrow are now saying that I made a payment in 2008 which re-sets the statute barred status that I told them it has. I have never ever made a payment, the only money that has been sent was to cover the cost of a SAR in late 2007. After 2007 everything went quiet until 2013, eventually when I wrote back and forth a few times the DCA said their "case was closed" on this matter. Roll forward to 2017 and they start again until November 2017 then quiet again until last week. I believe that fraud is being committed here and wondered what others in my situation would do? I am thinking of going direct to Action Fraud and reporting them, I am, tbh, sick and tired of this harassment. I apologise if I delay to respond to anyone who replies as I am busy through this afternoon. Thank you in advance.

Thank you, I am going to ask my son to come onto here and sort this, he lives away from me and I don’t have all of the details. Thanks for the reply HB, getting onto my son to come onto here and sort this.

Hi, My son has received a couple of letters, the first being a parking charge, as he parked in a hospital car park without paying (he said he didn’t see the signs). He has now received a letter from Parking Eye basically saying he owes £70. They pleasantly try to put you off contesting by mentioned a court case they won, Parking Eye vs Beavis. As this is in a hospital car park does my son have any way of contesting this? Thanks.

Thanks for the replies. I will write the statute barred letter and tell them to leave me alone. I have a decent collection going on now so as you say will file away with the rest.

This may be the way to go to end this quickly. Hello FS, I got a notice from Arrow in 2013, a "solicitor" contacted me, I replied, SARd etc and the matter was "reviewed and the file now closed". This is the first I have heard since, 4yrs later, 15yr old unacknowledged debt, no payment ever made but a different "solicitor I have asked questions about the legitimacy of this debt, for it to be substantiated and have never received anything at all, case closed on each occasion but like a bad smell here another one pops up

Cheers, was wondering how far they would go until they pushed it a bit, will await another letter and see what occurs I think!

I have to say that when I received the first letter I was a little shocked as thought I wouldn't ever hear anything again due to the age of the debt, I was wondering if the DCA is getting a bit desperate........or maybe this is just automatically generated rubbish as they have shifted to Shoosmiths Out of curiosity would you simply continue to ignore or should I inform them of the age of the debt and the fact it is statute barred and nothing else or do I once again furnish them with the information that I have on the last two occasions?

Cheers, this is Shoosmiths...........15yr old debt, I did think it was just wanted to be 100% sure due to the contact, much appreciated.

Hello, In 2007 I received a letter about a mortgage shortfall from December 2002, a payment had not been made to the OL since around April 2002. The OL sold the property in 2002 for around 40% below market value (in comparison to other properties in the street that were sold around the same time) and valuation. I sent two SARs to the OL (The Northern Rock) in 2007 in order to see how the outstanding monies for the property could be at such a discrepancy to value, I wanted to ensure that CML guidelines had been followed correctly and that best value was attained. No responses were made to my SARs. I argued all relevant points with the solicitors representing the debt company regarding this and SAR'd the debt company. After this everything went quiet until 2013, same scenario with a differencing representing solicitor firm, my response the same as previous, their response "we are closing this case". All quiet until 2017, again a different representing solicitor firm around 6 weeks ago, 3 letters later of "we represent our client and we need you to send us details of your income blah blah...." I have not acknowledged this debt and the debt has never had a payment made against it. I have read the OFT guidance on statute barred and as all will know 12 yrs for mortgage. The only "but" is the statement that as long as a creditor stays in regular contact then it isn't seen as unfair to pursue. My argument against this is that every time I have been contacted I have never received satisfactory response and the situation has been closed. Now I am seeing repeated contact over long periods of time as a means of prevention of said debt being classed as statute barred, which is feeling like an unfair practice to me. Can anyone advise please?

I am not sure if this has been asked before as I have been off here for some time however I was watching a program on Sky last week and 2 guys from a site called **** were being interviewed. What they were stating during the interview pricked my interest as they were stating that there is an act from 1882 called the Bills Of Exchange Act that can be utilsed as an argument against DCA's who come at people with debts they have bought from the original lender. Very basically they are saying that a debt is extinguished through either sale or transer, in other words the debt is then void and that this law overules any T&Cs that you may agree to when you sign on the dotted line. It appears that they initially came across this information via Veronica Chapman. I would really like to see what people on here have to say about this.

Hi tiglet, I am sure you are right, I mean, I know I have the right to know these things but I am not exactly trusting of these companies!!! You know like, "hello Mr Lender this is Mrs Lender, did you know Mr X did this/has debts blah blah............", but I could be wrong. Can I ask a totally unrelated question, how can I upgrade my account? Is it by making a donation, which I am going to do but want to upgrade also!?!

Here we go again!!!! I have been sent a refusal for my offer to the DCA. I have written an S.A.R - (Subject Access Request) for the original creditor and also added the content that PriorityOne said may help/wouldnt hurt. So, here it is, does it look ok?: Data Protection Act 1998 Subject Access Request Reference: XXXXXXXXXXXXXXXX Dear Sir/Madam, Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Please could you ensure that the following information is enclosed: When the arrears began When the last payment was made on the account When the Possession Order was given When the house was sold Any valuations that were made on the property before the sale and the proof of these valuations Any costs that were involved in maintaining the property during the period between the repossession and the sale How the house was marketed and sold and at what price Ant costs that were involved in selling the property Any information pertinent to a claim being made against indemnity insurance How interest was calculated from the start of the arrears Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response. I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information, which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you used to communicate my private business to me and which you have hitherto found to be acceptable. I would be happy to collect the Data from my local branch. Yours faithfully, blah blah

Sorry to ask a daft question but does a standard CCA cover a bank account, I am presuming this is an overdraft debt!?!?

Hi sidewinder, sorry to hear about your situation. This might sound like a daft question but have you sent all of your mail by recorded delivery and have you got copies of all correspondence, yours and theirs? Also, a statemt of account as pmhcfc has mentioned is definately something you should be requesting, BY POST!! If you have not made an agreement to change your payments and the payments were agreed by CCJ then that is that, which is the whole idea of going to court. They would have to prove that you made an agreement which they obviously cant do as there is nothing to produce. Also, I now have a strict policy to never ever speak to a DCA, I stick to it avidly as these people are trained to harass and upset you, plus you will probably say something you regret and then look back and say, "damn, wish I had/hadnt said that!!". Corresponding via the written word will take all of that away. I have written letters and re-written them 4 times until I am happy, you cannot do that on the phone and anything they send to you in writing is your PROOF of their behaviour as a DCA. I have been very rattled by a DCA myself, but, and its a big but, I will NOT BE HARASSED. I will not have someone pushing me over the phone and I will decide what to do after thinking hard, researching a bit and without doubt coming on here and asking advice, only then will I write to them. Once you have opened a dialogue via writing and only writing, see how much they threaten you, I bet it is nowhere near as much as on the phone and if it was, PROOF is in your hands.

I totally agree with all you have said above. I am hoping that they will accept my offer and wont want to get into any of the above. If they refure my offer then the first thing I will do is SAR the original lender. With the SAR to the originsl lender do I have to add things such as requesting proof of valuations, proof of adequate marketing etc or will they send me that sort of info just by SAR alone?

The above content is frightening and quite disgusting at the same time. Frightening because money is so easily thrown at people who cant repay and disgusting because of the way they are then treat when they inevitably get into trouble repaying. It seems that the system for checking people can affford to take on a debt is nowhere near as robust as the system used for chasing after these same people!!!! All smiley faces when doing the lending!!

Just a newby like you debtsurvivor but you have my support on this one. Wishing you well. Subsrcibing too.

Debtsurvivor, you are quite right, I do want this gone and I have raised some money in the hope that it will go away. I have taken the advice from here and I have sent a letter today offering a F+F offer so my fingers are well and truly crossed on this. Again, there is no way I could have gotten even this far without the people from this site so a big thankyou again. I will keep things up to date on here though either way it goes and I have already decided that I want to keep supporting the people on here also.

Hi again PriorityOne. I think maybe I am not explaining myself very well, I apologise for this as I am not as experienced and knowledgable as a lot on here. The reason I mention all of the charges etc prior to the DCA, is that the DCA are not asking for any more money than what is on the Deed Of Assignment, ie their total owed and the origninal total owed by the creditor is the same. This is implying that they have not added charges. I do have the letter from the original lender also which has the same figure on it. This is why I am repeating myself with regards to challenging the original lenders costs etc as the DCA have added nothing to the account up to this point. I cannot claim against something that they havent added therefore my only recourse is to defend myself using charges/incorrect sale price etc that will have been brought by the original creditor and thus this is all I can use to show the DCA that I even have a defense. I really hope that made sense!!! Oh, and hello sosumi, its nice to have someone else on board for support. xx

I cannot agree with you more. I just cannot believe that everything was done to the letter so that the amount they say is owed is 100% correct. Surely they have to prove how the amount was calculated, ie SAR and showing proof of valuations etc.