You want the bank branch/ name, transaction ID etc. Even if they try and say that, they need to prove the payment was actually made. Youll likely find out though, when you question them, they back down and try and settle out of court, as they are treading a very fine line between unlawful and illegal.

Given they would have to prove the phantom payment and then explain why the outstanding balance is still the same as the original default amount I'm hoping they won't bother. Hwever if they just going to keep coming back for this debt maybe having a court decide that it is statute barred would be the best option.

They will try anything and everything, but they will NEVER cross the line from unlawful to illegal. If they did, then they would face prosecution of obtaining money by deception, amongst other charges. Thats why i said they will back down. You just need to stand firm and get your evidence sorted.

What evidence should I be gathering?

Every single thing you have and can get about the debt. You also need to demand full details about any payments they claim you have made towards the debt.

Are those transactions identifiable? How would I defend against them?

You wouldnt - what you would do is (if you are sure the debt is SB's) is submit a Statute Barred defence, which we can help you with nearer the time.. the claimant would then have to prove that you made a payment - what method, and provide details of the payment.

Nottingham I think your are speculating to much on things that may never happen wait for the response from Carter.

Just wanted to prepare Brigadier, suppose I just need to wait for these clowns to reply!

Just wanted to prepare Brigadier, suppose I just need to wait for these clowns to reply!

It is difficult I know not to get worried about what may happen, you will get help here when needed.

Thanks Brigadier, if they did issue proceedings on Monday like they said they was going to I should probably get something today.

Thanks Brigadier, if they did issue proceedings on Monday like they said they was going to I should probably get something today.

The claim IF issued will come from the Northampton County Court Bulk Clearing Centre, at one point there were delays in issuing claims due to the large volume.

I'll look forward to finding it when I get home! I can't wait till all this is over...so long of having no access to credit and constant pestering by DCA's takes it's toll.

Nothing arrived yesterday, it looks like Carters have decided chasing a statute barred debt is futile.

Nothing arrived yesterday, it looks like Carters have decided chasing a statute barred debt is futile.

Carter does sometimes " forget" to reply!! Especially when he's been caught out.

What I think has happened is last time I told Freds it was statute barred and they have probably passed it back to Carters without telling them about the statute barred claim. Now I've told this to Carters they have probably dropped it like a hot potato, it was quite an extensive letter outlining Fredricksons breach of OFT guidance on unfair and improper business conduct and listed the points which they are guilty of. I have 1 other debt with Lowells that is statute barred on that default doesn't drop off for another two months, would it be possible for me to write to Sara De Tute and threaten complaints with the relevant authorities but if they remove all data of my accounts from my credit file immediately I won't pursue them. I think by bringing up their fictitious payment I could question the accuracy of their data and provide a reason for it to be removed.

No point in writing about the Lowell held account, the default "takes precedence" over the SB status and remains on file for the balance of the six years when this expires the entry will be removed.

Lowell are usually very intransigent on this particular point.

It's your decision make a Formal Complaint about all your concerns this will give them 56 days to investigate and respond.

By then both defaults will be removed, I see nothing else I could possibly gain by making a complaint?

I was hoping as they had sent me several letters after I stated statute barred and creating fictitious payment would give me leverage to get them to remove it? The several letters amount to harassment and the fictitious payment is another error....

Have Lowell written again?

I have a concern that you may be "making a rod for your own back" by making numerous and frequent credit applications, care is needed as any success you have in improving your credit "profile" will be easily reversed.

Well after I first stated SB in January and said do not contact me with regards to this account unless you have proof of payment they sent 4 letters and then gave it back to Carter's! Now I've sent SB letter to them they have backed off because they said they were going to issue proceedings on Monday and they haven't. I remember seeing some guidance, it might have been OFT, that pressing for payment after a debtor has said it is SB could be viewed as harassment. The fictitious payment breaks a plethora of OFT guidance on debt collection.

Freds and Carter dont believe in OFT guidance. if they did, theyd be out of business overnight.

Renegade - What do you think about using a promise of a complaint to the OFT and trading standards with proof of their harassment and creation of phantom payments as leverage to get them to remove another default 1 month early?

You should make a complaint irrespective of what happens, IMHO.

"Threatening" to do something and then not doing, really doesnt help you or anyone else.

If they refuse to remove it I will pursue the complaint just out of spite. If they agree to remove the default I don't really see the point in going ahead with it, the OFT and trading standards are unlikely to do anything off just 1 complaint.

Freds won't be bothered by a threat and Carter wont understand it!!

I suspected so Brigadier, but for the 60p price of a stamp it's worth it for a shot at getting my file clean a month early. I think the creating a false payment and the fact I am only asking for the default to be removed 1 month early could swing it in my favour.