Statute Barred, but dca tring to use an old cca request payment to avoid this

[bluedannyw]

Hi,

 

In January of this year this apparent debt became Statute Barred,

 

I then starting receiving letters from a company called"Debt Managers Ltd" saying Arrow Global had purchased this debt and now they were collecting for them.

 

I sent them a letter back stating that this debt must be statute barred and it was for them to prove otherwise.

 

I recieved a letter today saying that I last made a payment in July 2007 which is untrue

 

.I have sent endless CCa request's since 2007 and have still not recieved a valid credit agreement

 

.It turns out that the very first request I sent at the end of June 2007 with a cheque for £1 for the admin involved

has now been deemed as a payment towards the debt.

 

I have the original letter sent to a Triton Credit Services to prove that this was the case.

 

I'm a bit worried what to do next?

 

Do I write back just saying nice try, but here is a letter proving you are wrong.

 

Or do I write back stating that this was not a payment towards the debt, but not send the original letter?

 

I'm worried that these crafty sods will edit my letter.

 

Or do I write telling them the facts that this was not a payment, but also request another CCA from them?

 

I have dealt with Arrow Global / Phoenix Recoveries in the past and had a court summons from Bryan Carter which i defended and they discontinued,

so I am pretty sure they will do the same again.

 

Any help will be much appreciated.

[sequenci]

Hello there.

 

You need to write back stating that the £1 payment was not a 'payment in respect of a debt' as per s29(5) Limitation Act 1980 and in fact the statutory payment for your information request under the Consumer Credit Act. Therefore it cannot be considered a payment in relation to the statute of limitations.

 

Hope this helps!

[bluedannyw]

Thank you SequenciShall I enclose the original letter? As this will prove i'm correct.Dan

[sequenci]

Thank you SequenciShall I enclose the original letter? As this will prove i'm correct.Dan

 

That's a good idea

[bluedannyw]

Thank You SequenciI will send off tonight

[BRIGADIER2JCS]

Send a copy NOT the original document.

[bluedannyw]

Thank you Brigadier.Yes it will be a copy, I have all the letters in word document saved in 3 places for safe keeping

[scousepie]

Hi,In January of this year this apparent debt became Statute Barred, I then starting recieving letters from a company called"Debt Managers Ltd" saying Arrow Global had purchased this debt and now they were collecting for them.I sent them a letter back stating that this debt must be statute barred and it was for them to prove otherwise.I recieved a letter today saying that I last made a payment in July 2007 which is untrue.I have sent endless CCa request's since 2007 and have still not recieved a valid credit agreement.It turns out that the very first request I sent at the end of June 2007 with a cheque for £1 for the admin involved has now been deemed as a payment towards the debt.I have the original letter sent to a Triton Credit Services to prove that this was the case.I'm a bit worried what to do next? Do I write back just saying nice try, but here is a letter proving you are wrong.Or do I write back stating that this was not a payment towards the debt, but not send the original letter? I'm worried that these crafty sods will edit my letter.Or do I write telling them the facts that this was not a payment, but also request another CCA from them?I have dealt with Arrow Global / Phoenix Recoveries in the past and had a court summons from Bryan Carter which i defended and they discontinued, so I am pretty sure they will do the same again.Any help will be much appreciated.

 

 

This my concern when sending CCA requests. case in point: make sure you keep the postal receipts and send postal orders.

[BRIGADIER2JCS]

Please also be careful with the letter , my I suggest the following letter

 

The compliance Manager

Debt Managers.

 

Ref: as on their letters.

Sir/Madam

 

I am inreceipt of your letter dated xx xx xxxx regarding the status of the alleged debt for £xxxxxx you allege that a payment of £1 was made to this account on xx xx xxxx, TAKE NOTE this payment was a statutory fee for a seection 77/78 request for information made under the COnsumer Credit Act 1974 and as such does not constitute a payment to or acknowlegment of the debt.

Please see attached letter.

 

I therefore state the alleged debt is statute barred and I will not make any payment now or in the future.

 

You WILL confirm that this matter is now closed and you Will cease to process all data realting to me and remove from your records.

 

I remind you of the OFT Guidance on Debt Collection and the sections regarding statute barred debt, any further contact other than the confirmation required above will be considered harassment.

 

This is my final response.

[BRIGADIER2JCS]

This my concern when sending CCA requests. case in point: make sure you keep the postal receipts and send postal orders.

 

I agree, it is simple enough to be sure that a payment is not misused:

 

Sending a Cheque: Mark the front and back ''For Statutory Fee only'' you can do the same with a postal order, just keep photocopies.

[bluedannyw]

I sent the letter off earlier, but I have just checked my records, there has been no payment to the account since February 2006. Funny enough despite them trying to claim there was a payment made to the account in July 2007, the balance hasn't been reduced by £1. I h.ave letters proceeding July 2007, back to 2006 showing the balance hasn't changed. So they havent taken it as a payment towards the account anyway.

Game, set and match.

[BRIGADIER2JCS]

I think your'e right there.

[sequenci]

The old phantom payment gig. In my view that sort of behaviour is fraud by representation as per s2 Fraud Act 2006

 

 

(1)A person is in breach of this section if he— .

(a)dishonestly makes a false representation, and .

(b)intends, by making the representation— .

(i)to make a gain for himself or another, or .

(ii)to cause loss to another or to expose another to a risk of loss. .

(2)A representation is false if— .

(a)it is untrue or misleading, and .

(b)the person making it knows that it is, or might be, untrue or misleading. .

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of— .

(a)the person making the representation, or .

(b)any other person. .

(4)A representation may be express or implied. .

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

[BRIGADIER2JCS]

I agree, many of these £1 payments are Stat fees misappropriated and unfortunately many people do not realise and challenge them.

[bluedannyw]

Update:Back in February I had the usual "your account is now on hold while we pass your query back to our client" letter from Debt Managers ltd.But today I recieved a letter from them saying the debt it is still owed, and they have also provided my original credit card application form and a contract that was typed up by Mint card after I cca'd them back in 2007.Also there is a statement from Mint card of November-December 2012. This says i owe them about £100 less than any statement I have seen before.But the letter from Debt Managers still shows the same amount that it always was.The statement from Mint says I have til January 2013 to pay the debt, but I have not seen a statement from them since they sent this account was sent to the first dca in 2007.So now I am wondering if they have lied that Phoenix recoveries bought the debt, or whether this statement was only made available as this is what they sold to to phoenix?But none of this is really relevant anyway as this is now statute barred. Who do I need to complain to for them still trying to collect on a known statute barred debt? I dont have much faith in Trading standards and the financial Ombudman services as i made a complaint to them many years ago concerning a dca who continued to try and collect despite no Credit agreement, and both of them said if the credit agreement wasn't required and i still owed the debt. And since then The FOS favoured with capital one on PPI payment despite the fact that I clearly ticked the box that i never wanted it.

[BRIGADIER2JCS]

Hi was this actually a reply to the SB letter?

Unless the SB status of the account has been notified to the creditor/DCA who is

now in control of the debt then it can still be chased it still exists and remains payable,

it is only unenforceable in court so in accordance with OFT Guidance on Debt Collection

2003/2012 send the following by recorded delivery to the compliance manager of the company you

have just received this letter from.

 

Ref: use theirs,

 

Sir/Madam,

 

I refer to a letter dated xx xx xxxx in which xxxxxx attempts to claim that I owe a debt for xxx.xx originating from an account with xxxxxxxxxxxx, please take note I do not acknowledge any debt to xxxxxxxxxx or any company it may claim to reperesnt.

 

Take Note The Alleged Debt Is STATUTE BARRED therefore I WILL NOT now or in the future make any payment or offer of payment in regard to the alleged debt.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2012 and the section regarding the pursuit of statute barred debt, and further contact from xxxxxxx will be treated as harassment which WILL be reported to the appropriate regulatory bodies.

 

Send recorded delivery check receipt.

[bluedannyw]

Hi Brigadier,This was the response from the SB letter.They have not mentioned anything concerning the statute barred aspect of the debt.Their previous response was to try and use the £1 CCA request as a payment to the acount thus making the debt not statute barred. I pointed this out to them in my last response and proved that even after the cca request the value of the apparent debt hadn't decreased by this £1, so shows even the original creditor had not believed this was a payment.So I have told them twice it is now statute barred and they have continued to harass me, so I need to report them to the appropriate regulatory bodies.I'm not sure who they are, and whether they will do anything about it anyway after previous experiences.

[BRIGADIER2JCS]

My guess is that the SB letter already sent has gone to one dept. and the latest letter has com from another, communication between so called departments of DCA is to the best for crayons and scraps of paper.

 

I do recommend sending the letter I have drafted, check when it is delivered and allow 14 days for a response, then if there is no confirmation of the SB status, it can be taken further if necessary.

I take it this is not showing on your credit files?

[bluedannyw]

Thank you Brigadier.

I have only checked experian and nothing is showing on there. That was about 6 months ago.

I will send your letter thank you, but if they do try to claim again who do I write to pass their details on to.

[BRIGADIER2JCS]

Thank you Brigadier.

I have only checked experian and nothing is showing on there. That was about 6 months ago.

I will send your letter thank you, but if they do try to claim again who do I write to pass their details on to.

 

Please come back to this thread if anything more comes up and we can take it from there!

[bluedannyw]

Thank you Brigadier. I will send the letter and await reply. Just checking their paperwork and it seems like they are responding to a cca request. Which is not what I was after.

[BRIGADIER2JCS]

Thank you Brigadier. I will send the letter and await reply. Just checking their paperwork and it seems like they are responding to a cca request. Which is not what I was after.

 

This may prove critical keep the letter safe!