Help with Statute Barred Debt and Debt Collection Agencies

[jellybean55]

Hi,

 

I am seeking some help and advice, i am new to the forum so apologise if i am posting in the wrong place.

 

I had a loan with Citifinanciial in which started 2/9/03, i defaulted on 30/06/07, i never heard anything since then from the company. In May 2012 i got a letter from Arrow Global say my loan had been assigned to them and all future payments should be made to Wescot Credit services, i ignored the letter as the debt was over 6 years old and i had not made a payment or had any correspondence from Citifinancial.

 

2 weeks ago i got a letter from Rockwell pursuing me on behalf of Citifinancial, i wrote to them saying i did not acknowledge the debt and that in any event it was Statute Barred. I then received a letter back saying that i had made a payment of 29.42 in March 2010 (not true) and asking me to fill in a statement about my finances within 30 days.

 

I have not replied as yet but checked my credit file and it shows that for the last 49-60 months account status is 8, the period between 61-72 months 8888444444. There is also a comment under Change To Payment Terms, date 05/12 monthly payment £200. I have had no correspondence from anybody agreeing to make payments of £200 or anything else. This is now effecting my credit rating and i do not know how to proceed. Is it legal to make that entry without me agreeing or having any correspondence from anybody. How can i get this debt removed. Please can somebody help me.

[havinastella]

Hi and welcome to CAG.

 

I have moved your thread to the correct forum.

[havinastella]

If you defaulted in 07, this debt will not be Stat barred. When exactly was the last payment?

[huggy41]

sounds like some one is trying to re-set the stat barred clock.

[jellybean55]

I do not have any paperwork relating to this loan, i haven't heard anything from anybody until recently

[jellybean55]

I have no idea how to deal with this

[huggy41]

your credit file should tell you when the very last payment was made. please check asap

[havinastella]

I have no idea how to deal with this

 

Don't worry, we will help you with this. But you really need the last payment date so we can work out a plan of action.

 

Firstly I would send whoever is chasing the debt the CCA request, let me know if you need where to find it.

[jellybean55]

I have it in front of me and all it has is the codes so for the last 60 months its showing 8 meaning zero payments made, then its says 61-72 months 888844444444 sorry not much help i guess but that is all there is on there.

[jellybean55]

Yes please i would like to know where to find it, i can't understand why Citifinancial haven't contacted me before re this, i have had the same address for 22 years

[huggy41]

61-72 months is probably the numbers 4 that you are seeing and would make it out to be may of this year about the time it says that you made agreement to pay ? some thing not right i smell a DCA rat.

 

i would send the stat barred letter and see what they come back with. click the link below it's at the bottom of that page

 

http://www.consumeractiongroup.co.uk/forum/content.php?68-debt-collection-library&page=2

[Bandit127]

The OP has already sent a Statute Barred letter and had it disputed...

 

The entries on your credit file will drop off shortly after the the 6th anniversary of the default. Although they might be fictitious, I wouldn't spend any energy on that. You did default and you didn't pay. And it will drop off next year.

 

You need to write back to Rockwell disputing the account on the basis that you did not make a payment in March 2010. You should ask them for the details of the payment including:

Payment type (cheque, direct transfer, direct debit etc).

Payment identification.

Originating account.

 

This is quite probably a reversal of interest that happens when a creditor writes an account down in preparation for sending it to debt collection.

[huggy41]

sorry bandit127 full of cold and forgot what i'd already read.

 

as the money does not show on cra file thats abit naughty.

[jellybean55]

Ok thanks for that, i had already written that letter but had not posted it as i wanted to get some advice before doing so, i was also going to ask them for the original agreement (copy) and proof that Citifinancial had asked them to pursue me for the money, unsure why they didn't do it ages ago?

[jellybean55]

Oh just one more thing, is this debt Statute Barred or not?

[Bandit127]

Oh just one more thing, is this debt Statute Barred or not?

You seem to have passed through a lot of advice on this thread without understanding it to post this question at this point.

 

If your last payment of offer to pay (in writing) was more than 6 years ago, then yes. It is statute barred.

 

They dispute this and claim you made a payment in March 2010.

 

You need to make them prove that this payment was made by you (it wasn't) to make it NOT statute barred. Just because they have a payment recorded doesn't mean it was made by you.

 

Send them a letter with a title ACCOUNT IN DISPUTE. Ask them for the info in post #12.

[jellybean55]

The only reason i wanted it clarified was because someone posted that it was not statute barred. I have not made any contact with Citifinancial for over 6 years. Thanks for your help i take note of what you have said.

[havinastella]

You said in your post that you defaulted on 30/06/07!!!!!!!!!!!!!!!

 

You now state you have not made any contact in over 6 years. You have been asked 3 times when the last payment was made. I cannot offer any advice until you know when the last payment was made.

[jellybean55]

According to the credit fiel thats the date the account went into default, as i have said i have no statements or any documentation showing when the last payment was made but i know i have had no contact or made a payment in the last 6 years to Citifinancial.