Proving a debt is statute barred

[Pauldl]

Hi, I wonder if you can help me as I'm new here.

 

About six weeks ago I received a letter out of the blue from 1st Credit saying that I owed the £2k which related to a credit card I had some years back.

 

Without going into in depth detail, it came as a suprise as I was sure I had cleared all my debts (having got into financial dificulty)

and my credit rating had been repaired as a result of doing so (that and several years wait).

 

I wrote to them saying I did not know anything about the debt.

They wrote back sending a copy of the Credit card agreement.

 

I wrote back saying that the debt was statute barred (because of the time involved)

and they have just written back saying that it is not and enclosing a 'statement' of payments made to one of their sister companies.

 

Now this 'statement' is nothing more than could be produced on a word processor in 5 minutes and,

whilst I do remember paying money to this other company, I seem to remember that it related to another credit card which was subsequently cleared.

 

Unfortunately, when I thought all my debts had been cleared I cleared out all my old paperwork so have nothing to prove this and,

having done some trawling on 1st Credit, I am suspicious that the 'statement' they have sent me might not be wholly representative of the true state of play

(i.e yes, I made those payments but they were for another debt and not this one but have been manipulated to suggest that I have made payments against this new debt in the last six years.)

 

 

 

my question is really this:

can I question this 'statement' to test is validity and who is the onus on to prove that the debt is statute barred?

 

I'm kicking myself now for clearing out my old paperwork,..

[Muffintop]

Get copy of paperwork going back 6 years by sending a sar request

[dx100uk]

certainly you can

 

ask for details of the alledged payments

 

nothing like 1st crudit to 'manufactor' payments - very common trick.

 

dx

[harrassed senior]

You could send a SAR to the original creditor as they are more likely to have 'proper' paperwork. Can you get any help from your bank from which you made these payments such as an account number?

[cerberusalert]

The onus is on them to prove payment was made, by whome & by what method.

[teaboy2]

Along with sending the SAR as advised above, i would also write back to 1st credit stating that as it is rather simple to fabricate such a statement on Microsoft office, you require proof that the alleged payments originate from yourself i.e Details of the bank account the payment originated from and/or card details if payment originated via credit/debit card.

 

Simply showing alist of dates and amounts paid, does not prove the amounts were paid by you, and therefore without any proof that proves the payments originated from you then the account is statuted barred. Include a note stating - Fabrication of financial accounts in order to make a financial gain is fraud.

 

The onus of proof is on the DCA, if it were to go to court you can get them to strict proof that the payments originated from your bank account or credit/debit card.

 

I would also send a SAR to the company whom 1st credit claim collected these alleged payments.

 

Is it possible that they maybe chasing the same account that you had already paid back in full? i wouldn't put it past them.

 

P.S. check the dates to see if any were weekends or bank holidays, if they state the payment method as Direct Debit then payment can not possible be made on bank holidays and/or weekends.

[alfwithhair]

I wouldn't beleive anything 1st Crud say or send, they will use any method available to them to secure liability and payment

 

They told me they were sending the bailifs to take my house and car if i did not pay immediately. When I questioned if they had been awarded judgement by a court for this so called debt, the guy said 1st credit have special dispensation from the court and they don't need to go to court in order to use bailifs.

 

I so wish I had recorded the call, I would have nailed them to the wall, but alas I didn't

 

Make them prove everything, you don't need to prove anything

[2Grumpy]

I would also ask for copies of correspondence with that "sister company" and for proof that had contacted you about this alleged debt.

Having said that, your SAR should show everything, if this was a real agreement, there would have been regular monthly payments to both accounts from your payments in whatever proportion you originally agreed ... and if there was an occasional payment then this was obviously not what you agreed to, especially if there was a payment recorded on the other account at that time!