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rnfrds10

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  1. Update: Still not heard from them since my letter dated 15 Feb delivered on 17th Feb stating that it was statute barred when payments were made.
  2. Hey hello, so as a reminder this is what I sent added in the (via Payplan bit): "I refer to your letter regarding dated 20th January 2021 stating that the debt wasn’t statute barred on the basis that payment was made via payplan in August 2012 towards this debt. I believe that the debt was statute barred before any payment was made and if payments were made to the debt it still doesn’t unbar a statute barred debt. I will await your response." This is the letter dated 25 Feb they sent back which I just received, I didn't scan as its only a couple of lines and quick this way: "We refer to our previous correspondence and note that we have not received your completed financial statement. It is in your interest to provide us with enough information to accurately assess your circumstances, therefore if you have difficulty completing the form, please contact us on xxxx at your earliest convenience or seek independent advice from one of the organization listed overleaf." I just checked if the letter I sent and it was received and signed for on 17/02. Wonder if its a good sign, that unlike all the other letters I have received from them this doesn't have some sort of threat of action in a certain time frame. Cheers
  3. so this is what i am going to send I refer to your letter regarding dated 20th January 2021 stating that the debt wasn’t statute barred on the basis that a payment (not made by me) in August 2012 towards this debt. I believe that the debt was statute barred before any payment was made and if payments were made the debt still doesn’t become un statute barred. I kept it short, so the onus is on them to prove otherwise.
  4. Sorry mate as you can tell I panic very easily. Will draft a letter stating that it was statute barred before any payments were made. cheers
  5. I wrote to Payplan in the meantime and they said "Let me start by apologising for any issues caused by adding the Arrow account to your DMP in 2012 and rest assured we do understand the way you see this situation. Please note that back in April 2012 we were informed by Arrow of several accounts that we were not dealing with for clients who had a DMP in place. As you may be aware we have a Data Protection Agreement between PayPlan and Creditors that allows disclosing information regarding account. When we received the information from Arrow, that they were dealing with Nationwide account, and this debt was not included to your DMP - we called you on your mobile, however the number was not recognized and we tried your work number and unfortunately could not reach you there as well. As we failed to contact you to discuss it further, as per the process that we had in place at that time – a letter was sent to you, advising of the same and in case we do not hear back from you: if we do not hear from you within seven days, we will assume that you do not have any issue with the above debt being added to your DMP so we will re-calculate payments to all your creditors in your DMP on your behalf and begin to distribute payments to the above creditor next month. Kindly see letter enclosed for your future reference. Account was added on 23.05.2012 and 3 payments of £8.18 were distributed to Arrow, until we received a call from yourself on 17.08.2012 advising that you are in fact disputing this debt. Account was taken off your plan with immediate effect. x, hope this answers your question regarding why account was included to your DMP in 2012 and the same justification can be sent to Arrow Global if you would prefer so." I am wondering if I now have a leg to stand on as the solicitors letter said the last payment was 16 August for £8.18 and therefore the payments would of been 16 June, 16 July and 16 August, but i believe the default date was 30 May 2006 and then ending 30 May 2012. Untraced debt.pdf
  6. I should draft another letter? that i want to address the fact that it was statue barred when the payment was made, and also that Payplan had no right to make any payments to a creditor without going through me as this means they could just add anybody , I gave them the authority to deal with a list of creditors, Arrow was not on that list. also want to address how Arrow got details of my DMP, cause i am assuming that at my old address Arrow and payplan were sending correspondence and a resident may of sent details of my DMP to arrow by way of stopping them contacting the current resident after i moved out. Cheers
  7. Sorry i just read what i wrote and had trouble understanding it. Yep I got a response will upload later. reply from the solicitors. Also just to draw your attention to what I posted in August 2012 (link below), where I state that I defaulted on 30/05/2006 therefore 30/05/2012 is when it should of dropped off which it did. I was monitoring what was happening in terms of my creditfile. Also, I personally have not made any payments to them, this is where by Arrow without my knowledge had got hold of my debt management plan details and added themselves to it without my knowledge. When I went into debt management this debt WAS NOT included so I had given Payplan a list of debtors that they could contact and deal with on my behalf but not this debt. I sill don't know how Arrow got my DMP details, or why Payplan did not ask me first as anyone could come along and say he owes this and that etc. Cheers Reply from Solicitors.pdf
  8. I thought it was to good to be true, they are saying my last payment was 8.18 in August 2012 legal action was taken on was instigated on that's around the same time I was talking about payplan adding them without my authority as a creditor. They included an income and expenditure form to send back in 20 days. It appears that in payplan accepting them as a creditor albeit briefly without my knowledge has screwed me over
  9. Right sent. Will let you know what happens. Regardless of outcome, thanks for you help so far.
  10. Hey Happy new year i have run up a short letter to reply, let me know what you think. Thanks letter to solicitors.pdf
  11. Oh so rather than say "can you set aside because of the address" , i should of said "this should be set aside because the debt was s/b at the date of claim". My line of thinking was all messed up. If/when they get in touch again is that what i should be saying. Of course their next step maybe the warrant, but what ever i get i will come here first. ps i deleted the solicitors letter i didn't reupload the solicitors letter cause i didn't save the adjusted one.
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