Debt: Statute Barred

[Coasters]

Great forums

 

Right, this is new on me. I had an account which has now been 'defaulted' for over six years and has flown off my credit report.

 

However, TSB's scummy CA 'claim' I paid them £12.50 in January this year which I did not. I believe this is their way around the Statute Barred policy. It's a neat little trick they have pulled and I have written to the FO about it. Does the payment have to be proven to have come from me and me alone?

 

Still, is this new, has this happened before and what can I expect to do about it?

 

Also, can I ring them up without them pulling the communication trick on me and revoking it that way?

 

The debt was for a canceled direct debit which TSB cashed, when I was £8 in credit. It was for £15. They charged me £30 for the bounced Direct debit which I had canceled, then charged me £5 per day because I was now overdrawn without a facility.

 

It rose to around £240. ALL, every single penny was bank charges. The creditors claim that since I have 'enjoyed' the services I should do the decent thing and pay them! What cheek!

 

Nice bank huh?

[rory32]

Well they need to prove that you made a payment. Stating it in a letter to you and signing a statement of truth to that effect which would be legally binding in a court of law is a slightly different matter. Have you sent the statute barred letter? What type of account was it?

[Coasters]

Sorry I edited my post to include more info

 

It was for a TSB current acount which went to Wescott (I believe). 'Defaulted' in June 2001

[oneofakind]

Speaking to them on the phone does NOT constitute an acknowledgement of the debt.

 

BUT.. you should NEVER have a conversation with them anyway, particularly in a situation like this where they are, er, can I say 'lying', mods?

 

Get everything in writing. As Rory says, you must ask them to provide proof of the payment.

 

 

EDIT: Also, once a debt has become Statute-barred, it CANNOT be 'revoked'. It remains statute barred.

[rory32]

Have you sent the statute barred letter? It asks for evidence of a payment (not just a statement of you paid £12.50 on x date). DO NOT phone them.

[Coasters]

Thing is, when it was on my report, true enough, the amount was minus the £12.50

[Coasters]

Have you sent the statute barred letter? It asks for evidence of a payment (not just a statement of you paid £12.50 on x date). DO NOT phone them.

 

Hello and thanks for all the help.

 

I have not sent them a letter but I did ring up the FO. They have sent a letter to them saying I should not be pursued and that any payment made on my account was not from me.

[rory32]

Yes, but where is the evidence that YOU made the payment of £12.50.

[Coasters]

There is none, there cannot be any. We have been in debt before and cleared up every bit that was actually owing for things that we had. This is not something I will agree to pay for.

 

Now my partner said she didn't pay anything to these guys, but it is possible she made a payment to the wrong team. A very SLIM possibility.

 

However, I have NEVER paid this outfit a penny and never would.

 

Many many thanks for the help

[Coasters]

edit ://

 

Also, what is stopping anyone, from any credit outfit going out with a giro slip and paying a nominal payment of a few quid to stop Statute barred? Seems like an inexpensive way around the law?

 

Does it need to be proven to have come from me? Or is it a cloudy issue?

[oneofakind]

Let's just sum this up...

 

You paid nothing for over 5 years,

Then suddenly, in January, a single payment of 12.50...

and nothing else since.

 

Have they been hassling you for payment all this time, or not?

 

The cynical part of me sees this as a very neat trick - a very convenient payment just before the statutory limit kicks in. One to watch out for!

 

[Coasters]

They have been hassling me for payment on and off for three years. the latest one was a few weeks ago which prompted the call to the FO

 

I burn the letters (after reading them) not once did they mention the payment I was alleged to have made. I only found out when I read my credit report.

[oneofakind]

Yes, it absolutely DOES have to be proved that you made this payment, in the face of your denial.

 

[oneofakind]

So they knew the limit was coming up then...

[Coasters]

Yes, it absolutely DOES have to be proved that you made this payment, in the face of your denial.

 

 

Thats what the FO seem to claim yes. The only payment received was this £12.50 in the 6 years which I did not make. A payment, a few months before the limit was up. This is after years of them offering to cut the debt by 25% and so on. (via letter - ignored)

 

 

So they knew the limit was coming up then...

 

Without a doubt yes. This is why I asked if anyone else had the same problem. It seems a rather neat trick if you ask me. According to the FO they must write to me regarding the complaint which they have not done so yet. They (the FO) gave them 60 days before I could go back to them. It's heading towards that date soon.

 

It's off my credit report (believe me I was refreshing my credit report until it did) which to me would suggest it's done and dusted?