Notice of assignment - Old Payday Express debt now ACI

[crashcrackers]

I'm regularly receiving reminders for an old payday debt from 18/03/2013 to 01/08/2013. 

Back in 2016 I wanted to get a mortgage but had a default on my file. So involved the Financial Ombudsman who ordered Payday Express to remove any interest from the debt and the default from my credit file. 

 

On the 28th July 2017 PDE sent me a settlement letter for £298.13 and removed the default (as per the ombudsman's findings). This is the exact amount ACI are chasing.

 

Is this statute barred now? the original debt was from 2013 so 9 years ago. But the ombudsman's findings and settlement letter are from July 2017. 


thank you! 

 

aci.pdf M final decision (1).pdf Settlement Letter.pdf

[dx100uk]

Yes send our sb letter from the debt collection section of our library

 

Dx

[crashcrackers]

Thank you. 

I will send the SB letter in the link. 

The only thing I noticed is the line 
 

Quote

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Which isn't completely true. The original debt was over 6 years ago, but the financial ombudsman decision was only 5 years ago in June. 

[dx100uk]

But was not a payment by you, doesnt count

 

Dx

[crashcrackers]

ok thank you

[crashcrackers]

I have a response... 

Doc1.pdf

 

Quote

I can confirm, The Money Shop have advised there was a payment made to them on the 28 July 2017 of £76.50 which would mean the account is not Statute Barred.

I will place your account on hold to allow you time to consider my response

I can only assume they are seeing the correction to the balance made after receiving the Financial ombudsman's findings. There was definitely no payment made. 

Should I send them the Settlement Letter.pdfPDE sent me on the 28th 2017? Or time for SAR? Or both?

 

 

Edited February 7, 2022 by crashcrackers

[dx100uk]

and that payment was ordered by the FOS and made by moneyshop themselves not by me following an FOS complaint and award win.

it does not reset the statute barred clock. please read the statute of limitations carefully!

 

id send them the FOS decision letter.

though it would be seriously funny to embarrass them in court..

 

 

 

[crashcrackers]

Haha wouldn't it just. Thanks @dx100uk 

I'll send the FOS decision letter and update when I have a response.

Edited February 9, 2022 by dx100uk
unnecessary previous post quote removed

[crashcrackers]

Their response attached. 

I thought they may say this... 

 

 just given the information to pursue it now  
 

 

aciReply.pdf

[dx100uk]

they are wrong

let them get on with it.

 

new kids on the block that cant understand why 99.9% of people they have just written too, after buying a large portfolio of debts at about 10p=£1 - but scam mugs for the whole balance  - have just blindly paid up , but you are different.

 

you have CAG and know that a DCA is NOT A BAILIFF and have ZERO legal powers on ANY debt...

[crashcrackers]

Thanks for you help. I understand what you're saying. 

but according to nationaldebtline it is only statute barred if it meets the three criteria below. 
 

Quote

Once the limitation period is running, a simple contract debt will normally be statute-barred if:

• the creditor has not already started a county court claim for the debt; and

• you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years; and

• you have not written to the creditor admitting you owe the debt during the last six years.

Burden of proof

Once you have told the creditor or debt collection agency that you are disputing the debt because you think it is statute-barred, it is up to them to prove otherwise.  Don’t be afraid to ask for evidence if they tell you a payment has been made, or a letter has been received.

point 3 - you have not written to the creditor admitting you owe the debt during the last six years. 

I accepted the FOS decision 5 years ago - (admitting that I owed the debt). The letter is in my first post. 

I've just given this letter to ACI, who probably didn't have it. So I've just handed them the proof they need. 

[dx100uk]

No the debt is statue barred.

 

You getting who the credit was administered by giving a payout is NOT acknowledgement.

 

It's your legal right under the rules of the many authorities that govern credit 

 

Stop being a DCA mug.

 

Dx

 

 

 

 

[dx100uk]

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