DLC and statute barred debt

[straftat]

I wrote an email to (DLC) , Direct Legal and Collections who claimed to be acting on behalf of Hillesden over what they claim is an old MBNA account

 

having checked my credit file i see they have an entry on my file but it was statute barred a few months ago, i emailed them to point this out and got this back...

 

"Thank you for your email.

I can advise I have investigated your claim and can confirm that the last payment received on this account was in November 2004 . Which means that the account does not fall under the heading ‘statute barred’ until November 2010. Due to your recent contact I confirm the new date for ‘statute barred’ is now September 2016.

The balance remains outstanding and will remain on your credit file. Please forward your proposal for payment of the outstanding balance within 7 days. For your convenience I have attached a ‘lifestyle report’ for you to complete and return this being a pre-requisite to all payment offers accepted.

Kind regards

Operation Support

direct legal & collections

T: 01280 707930

F: 01280 730582

E-mail: [email protected]

www.dlcollect.co.uk

[cheddar]

Looks like a load of nonsense to me, what was it you sent to them?

[harrassed senior]

A debt that becomes Statute Barred cannot be ressurected for any reason.

 

What is the default date on your credit file, if as they point out it would have been November 2010, then it will not be SB until then.

 

Obviously depending on what was contained within your e-mail, it would not be possible to say if they are 'allowed' to re-set the sb date.

[straftat]

i sent them the screenshot that showed the last payment to the account according to my credit file was 3 or 4 months before a default was filed .

 

they dispute this and say last payment was november

[cerberusalert]

they dispute this and say last payment was november

The onus is on them to prove it, just stating a payment was made is meaningless. Email them again and tell them to put up or shut up & then make a complaint to Trading Standards via Consumer Direct as they are in breach of OFT guidelines.

[harrassed senior]

By any chance did you make a CCA or SAR request at some time?

[straftat]

i dont remember m8 , dont think so

[harrassed senior]

Just wondered as they often craftily apply that fee as a payment to extend the SB Date.

[UnitedFront]

Sounds very much like they're chancing their arms, to me!! Keep the print out that shows when you believe your last payment was.

 

Even in the event that it would not be statute barred, I still personally cannot understand how they believe that you have reset the SB clock. Please see below. Can the OP please confirm that the only contact from themselves has been via email??

 

If that is the case, then unless someone has some information that I don't, I cannot see that it can reset the clock - and so worst case scenario is that the alleged debt becomes stat barred in November......

 

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Limitation Act 1980

S30 (1) To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.

(2) For the purposes of section 29, any acknowledgment or payment—

(a)may be sent by the agent of the person by whom it is required to be made under that section; and

(b)shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.

_________