Debt definitely over 9 years old

[jamieadi]

Last month my wife received a demand for payment of a debt from a dca in her maiden name, we know this debt is over nine years old because we have been married over nine years.

 

As we had no knowledge of this company contacting us before about this debt my wife wrote to them with the standard statute barred letter, they then replied saying that she wrote to them in 2002 agreeing a payment plan.

 

They even produced an alleged copy of their reply to the plan, but not my wifes letter to them. I know she would not have made any agreement as she has always hidden any letters (from dca's) from me.

 

My question is where do I go from here, we have no record of this debt (9 years ago) and I certainly do not know of any agreement made to this particular dca.

[Rooster-UK]

Hi Jamie.

 

I would write to them (not phone) and tell them that you believe that their letter is false and ask them for true copies of all correspondence received from your wife showing dates and signatures.

Perhaps in the form of a Data Protection Act SARs letter.

 

If someone has any better advice then perhaps they post it on this thread.

[jamieadi]

Thanks Rooster,

 

that was the answer I was hoping for.

 

will progress as you suggest

[jamieadi]

Well blimey, dca supplied cca but not any signed agreement from my wife to any payment plan to the dca, do we ignore this new demand letter or request the non produced (and as i believe) non existent signed agreement

[Bookworm]

Write back and state that they have failed to produce evidence that she had made contact with them in 2002, that any alleged debt is well and truly statute-barred, and that if they want the money, they'd better be ready to go to court over it, and that any action will be vigorously defended, and that if they insist on going to court, you will ask the judge not to award costs against you, since you believe that their lawsuit would be vexatious.

State that since they have failed to produce any evidence that the debt is hers, or that it is not statute-barred, you expect them either desist from further harassment, or their next letter had better be an MCOL form, and that you will not be entering into further pointless communication from now on.