M+S Credit Card debt - Global Debt Sequence of Events

[pam56]

Hello everyone. I'm new to this site so still finding my feet. I've read so many articles and whilst great advice I still have a few questions. To be brief

 

Got phone call in Nov 2011 from Debt collectors asking for money owed to M & S (opened account around 1996)

Didn't admit it was mine as frankly couldn't remember that far back (at my age takes me all my time to remember what I did last week)

 

 

They said my daughter had paid £100 cheque on the a/c.

I have a vague memory of this altho' they wouldn't tell me when.

I said I did not owe any money and to prove it.

 

 

Last I heard until last Wed when I got a letter fom Tower investigations.

I wouldn't confirm name or birtdate just gave them the ref no as I hadn't a clue what they wanted.

 

 

They said Global Debt recovery wanted me to call them so I told Tower I don't take phone calls.

Today got a letter from Global demanding money or furter legal action.

 

 

Thing is I can't remember when daughter paid the £100 so not 10% if this is stature barred.

I believe it would have been early 2000/2001 etc.

How can I find out please?

Will a CCA show this payment?

If it is before thesix yr rule can I still go for the statute barred and does the six years go from this payment.

Sorry to ask so many questons but I haven't a clue.

 

Thanks

Old & Clueless:|

[ims21]

Hi and welcome to CAG

 

Check your Credit File please to see if this debt is on there

 

ims

[the_shadow]

The fact they refused to tell you when the amount was paid should tell you something

 

As IMS has said, check your credit file first.

 

Stat barred is 6 years from the last written acknowledgement of the debt or the last payment was made. In Scotland they only have to wait 5 years. Does your daughter keep her bank accounts, would that show the cheque if needed.

 

S.

[pam56]

Hi

 

I've checked my CRA and it's showing 3,

1 is satisfied and the other two are creditors which are just about paid up (Aug 2012) which I know about.

 

 

The dates on these three are 2008, 2008 & 2010.

There is nothing for the amount they are asking for i.e £700.88.

When I did the check I did it for my current address where I have lived for 12 years.

As this c card was a really old one should I check my previous address?

 

My daughter wuldn'have kept bank details as far back as that (lol) and I think she has changed her bank too.

 

What do you think my next step shld be?

Just looked at original letter from Experto Credite which says they have taken over form Intrum Justitia.

The last one from Global International says that they are "agents" for their client Experto!!!

 

 

Thanks PAm56

[pam56]

Daughter just arrived home from work. She seems to think it was just as we moved to this house so probably about 10-11 years ago.

 

Thank you everyone.

 

Hi

 

Just for peace of mine I checked my previous address and there was no judgements registered on there either so that's one thing off my mind anyway.

[Delta-Charlie-76]

If nothing was paid or acknowledged on this account after 6 years in England (5 in Scotland), then it is Stat Barred and there is nothing a DCA can do. If this is the case send them the stat barred letter, template in the library, if they persist in chasing report them to OFT via Consumer Direct.

[pam56]

Hi

They say my daughter made a payment but refused to give details. Have vague recollection but no paperwork, believe it was before 6yrs ect.

 

Sould I send them a stat barrd letter anyway, maybe then they'll tell me about this payment.

 

Also who shld I send it to Global say they are agents for their client Experto Credite. OC was Marks & Spencer where I took out CC in about 1998.

 

Many thanks for yr help

[NailPost]

You send any letters to whoever is hassling you. Insist they provide you with all the information you require to decide if this debt is due. If they can/t or won't then they should be reported. Its really very simples.

[pam56]

THanks will do

[pam56]

Hi

 

I was wondering, after reading a couple of posts, can a DCA issue a default notice or is that only the OC who does that. How many defaults can be issued to the same debt and if a DCA enters one against you without letting you know is that illegal?

 

Thanks:???:

[BRIGADIER2JCS]

If a debt purchase/ DC company aquires a debt

that has not been defaulted they can issue a default

notice in the same way as any other creditor.

[pam56]

Thanks BrigadierJCS.

Just wondering if they would have to send me a coy of he default? and how does it affect the 6r statute barred. Would that still run from the last payment date or would it start from the default date.

 

Hoping you can help on this.

 

Confused again:oops:

[pam56]

PS Sorry about the spelling but keyboard playing up..again

[BRIGADIER2JCS]

No problem, the only notice you get is the Default Notice

giving you time to rectify the default if you don't they place

the default then later inform you the account has been terminate.

Default date /SB date not to be confused, SB date is date of the

last missed payment after which no other payment is made in 6

years.

[pam56]

History:

Phone call from Interum Justitia (Oct 2011) - Re debt said I'd made a payment to doorstop collector Would not give any furter details i.e. bank, amount, date.

Lttr from Interum Justitia (Nov 2011)- Collecting debt

Lttr from Experto Credite (Feb 2012) - Taking over from Interum Justitita

Lttr from Tower Investigations (March 2012) - Telling me to ring Global Debt Collection ( ha no chance)

Lttr from Global Debt Recovery (March 20212)- Acting as "Agents" for Experto Credite. Pay in full or legal costs added etc

 

I think the last time payment made was around 2001/03/04 but am not 100% sure, questioned this when I got a call (see above)

 

1. How can I find this out , apply for a CRA or beter to ask a Credit Reference Agency like Expedia?

2. If I send them a Statue Barred Letter will this be classed as an acknowledgement of debt if I am wrong?

3. I told them in October 2011 in telephone call that I was not in debt and to prove it, will that be classed as me starting a dispute or does it have to be in writing.

 

Sorry to be long winded etc.

Thanks

[sillygirl1]

Expedia isn't a credit reference agency, but I wouldn't bother, just send the Statute Barred letter anyway, the onus is on THEM to prove you owe money.

 

You need to put

 

I DO NOT ACKNOWLEDGE ANY ALLEGED DEBT WITH YOU/YOUR PARTNERS/ASSOCIATES/CLIENTS OR AFFILLIATES

 

Under the Dear Sir before you start the letter.... and put at the bottom

 

AS PER STATUTE LAW I WILL NOT BE MAKING ANY PAYMENTS NOW OR IN THE FUTURE AND SO THEREFORE PLEASE DO NOT CONTACT ME AGAIN - ANY FURTHER CONTACT ON THITS MATTER WILL RESULT IN A COMPLAINT TO THE OFT AND TRADING STANDARDS.

[dx100uk]

get your cra file

 

use noodle.co.uk

 

dx

[BRIGADIER2JCS]

I agree with DX credit file check is a must before

doing anything.

[pam56]

Okay thanks.

[pam56]

Hi

 

If a DCA tells you, you have made a payment by cheque and gives you the details including date (which you believe to be wrong) and then you try to trace it through the bank who says they don't keep records, for example, longer than 6 years (not sure how long they keep records any idea?) so you can't trace cheque, does this mean the payment was before the 6yr stat barred and if you can't check it with bank do you have to accept DCA's word!!!

 

This hasn't happened as yet but I want to be be armed (dangerous) and ready for the cheating little b-----s.

 

Oh sorry above is a bit confusing what I meant to say was if the bank can find no records and say "it must have been before they dispose of their records" then do you have to accept DCA's word. Thanks

[inkslinger]

If its older than six years then surely its not going to be relevant? If you paid more than six years ago and they are chasing you then surely its SB?

[Conniff]

Never ever accept a DCAs word for anything, if he says the sky is blue, ask him to prove it.

 

Unless they can prove something, then it just didn't happen.

 

Who is the dca and what are they claiming ?

[Zonker]

Its not for you to prove you didnt pay , its for them to prove you did.

[BRIGADIER2JCS]

Ìt could be difficult to refute if the cheque and account details

given are accurate.

I can see that if they used this in court a judge would want the

debtor to state if they had an account with the bank concerned.

Dangerous in any case sending cheques to DCAs.

[sillygirl1]

If six years has gone then it is statute barred, DCA does stand for Duplicitious Creative Accounting after all...