*Capquest and Limitation Act bluff?*

[bengateway]

Remember too that you have to take account of any payments he made. The SB start date is the date of the last payment. I agree you should request proof of debt.

 

Pinky, That would be the date of the last payment by HIM or any person or persons the debt belonged to.

I know its only a small point but its important as a freind of mine found out when a dca tried it on with a list of payments that lacked any real information regarding who made payments, from where the payments came ect.

In fact it had no rellevance with him whatsoever.

Probably not in the original posters case but could apply to others.

Your opinion greatly appreciated Pinky as I bow to your experiance and knowledge. Your a legend

[Pinky69]

It is the last payment on the account. If these payments weren't made by your friend then he should challenge the DCA for proof that he made these payments - date, method of payment and amount. He can also state it is Statute Barred if he is sure he did not make these payments and let the DCA argue otherwise, which he would just ignore.

[bengateway]

Thanks Pinky, so the statement below would be accurate, in that the dca would need supporting evidence that an alledged debtor was indeed the person who made the payments.

Thinking about the old dca trick of making token payments to keep the debt from becoming stat barred. Or even fabricating a printed list of payments, which anyone with a pc could do. They would need to prove the alledged debtor made the payments.

Thanks again for your advice Pinky.

 

You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt:

if

• The creditor has not already obtained a judgment against you
  

and

• You, or any one else owing the money (on a debt in joint names) have not made a payment on 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.