statute barred letter from DCA

[RECRUIT]

Help Please

 

I have received a letter from DCA referring to an old debt that goes back to 1999 (which I have no knowledge of and would now be statute barred).

 

I have responded to by asking them to provide the original signed agreement.

 

They responded by saying, we do not accept that we are the creditors as envisaged by the above statute.

 

However, we are willing to assist in obtaining that which has been requested from the original creditor, this has not been provided, and so the DCA is now in default.

 

The name on their letter to me although similar to mine is not the same.

 

Example; my name is Don Ray Smith (not my real name), name on their letter reads Don R D Smith

 

What should I be saying/or doing at this point?

[citizenB]

If you believe you know what this debt is about and you are sure that the debt is likely statute barred, then send the SB letter which is in the CAG library.. linked at the top of each screen.

 

You could possibly find out the date of default (last payment made) by looking at your credit reference files... It will be for the company to prove that it is NOT statute barred by providing you with statements.

 

Do be aware that some companies have applied "phantom payments" so it is always better if you can find some proof of when you might have made the last payment.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

[RECRUIT]

thanks

 

had a look on my credit file and there is notting relating to the original creditor, payment missed or any default.

[dx100uk]

so this debt does not show at all?

 

dx

[RECRUIT]

No..........No record of it.

[dx100uk]

then ignore them

 

dx

[NailPost]

If they persist and provide no details then either send them the sb letter or make a complaint to the relevant authorities.

[RECRUIT]

Thanks for the info............very helpful

 

Concerning the name recorded on the form, do you have an answer to this, as this would be quite helpful for anyone going through a similar experience?

[citizenB]

Thanks for the info............very helpful

 

Concerning the name recorded on the form, do you have an answer to this, as this would be quite helpful for anyone going through a similar experience?

 

It wouldnt surprise me at all to discover that they have deliberately made an error in order for the outraged recipient to telephone and say.. "you cant even get my name right".. ooops, another victim ensnared !!

[pam56]

Hi CitizenB

 

You advised to check your CRA

 

I have also checked my CRA (?) from Trust but it only shows 1 judgement which has been satisfied. There are no details, payments, default noties etc am I checking he right info please?

 

Thanks

Confused

[Bazooka Boo]

NO, the trust registry deals with CCJ's, you need to check your credit file with a credit reference agency, experian, call credit, etc you can check online for free using Noddle, but not 100% sure as to exactly how accurate they are at present as they are quite new..