Statute Barred - possibly (Third party payment made)

[Bazzlad]

Interesting one:

 

Very old debt has resurfaced lately, that was (in me eyes) the fault of an ex-housemate.

 

It seems that 5 years ago, said ex-housemate made a payment on this debt (without my knowledge [until now]).

 

Where (legally) does that leave me with regards to getting the debt statute barred?

 

Cheers!

[dx100uk]

if it wasn;t his debt, it will be a gift

nothing to do with the SB issue

 

tell us the story please

 

dx

[BRIGADIER2JCS]

Have you checked your credit

reference files.??

[Bazzlad]

if it wasn;t his debt, it will be a gift

nothing to do with the SB issue

 

tell us the story please

 

dx

 

 

Long story made short:

 

Years and years ago I lived with my best mate, and he asked to "borrow" my credit card to spend £100 on it.

In my youthful naivety I allowed it, and he came back with £700 on it. We had a big argument over it, he agreed it was his debt and he would pay it off.

 

Fast forward to 2012, I've never made a payment on this debt, letters start coming through - sent a statute barred letter, and it states a payment was made in 2007.

 

Done a bit of research, seems my "pal" did try to pay it off (yet gave up before paying it all).

 

Interesting one, no?

[Bazzlad]

Have you checked your credit

reference files.??

 

Checked with Experian, can't find a sausage about this debt. (But it's old [2005])

[BRIGADIER2JCS]

I think that your problem will

that you have knowingly allowed

a third party to access your account

and have obviously provided him with

your pin number.

The OFT GUIDANCE ON DEBT COLLECTION

2011 states:

On Statute barred debts.

A relevant acknowledgment will normally

be made by the performance of the debtor

or his (representative). For example , by making

payments.

[Bazzlad]

Knowingly is a strong word, and being that the payment was made to a debt collector, no pin number exists or was needed, he simply would have had to have known my birthday, name and address (which he obviously does/did).

 

Same position?

[BRIGADIER2JCS]

Yes it will have fallen off the files as all defaults

are removed after 6 years paid or not.

As you will no doubt know allowing another

person access to the card and pin does leave

you liable as you are in breach of the terms

and conditions.

[BRIGADIER2JCS]

Knowingly is a strong word, and being that the payment was made to a debt collector, no pin number exists or was needed, he simply would have had to have known my birthday, name and address (which he obviously does/did).

 

Same position?

The card was ''lent for use'' by a third party.

[Bazzlad]

I'm not arguing about him using the card (or over using as the case was!).

 

My query is the following:

Assuming this debt has been chased since 2005 by a DCA.

 

I've not acknowledged or made a payment on this debt - making it statute barred.

 

However, in 2007, it seems HE did make a payment on it (to the DCA).

 

Where does that leave the debt in regards to it being statute barred?

[BRIGADIER2JCS]

I'm not arguing about him using the card (or over using as the case was!).

 

My query is the following:

Assuming this debt has been chased since 2005 by a DCA.

 

I've not acknowledged or made a payment on this debt - making it statute barred.

 

However, in 2007, it seems HE did make a payment on it (to the DCA).

 

Where does that leave the debt in regards to it being statute barred?

Hi this the problem a payment has been made and having dealt with a similar

situation the DCA will be determined that any payment how so ever made

has restarted the clock.

Your ''defence'' that the payment was made by a third party (which is true)

would need to be explained fully and there in lies the difficulty for you.

The case I was involved did go to court and the defendant lost, the Judge

referred to as being her own fault in allowing us of the card.

At the moment I cannot see a way round this.

You can of course (just occurred) put them to strict proof of the payment

and demand the following details.

1, The exact date of the payment.

2. The method of payment, debit/credit card, cheque, postal

order bank transfer.

3.If a card payment the name on the card.

4. The card issuers details.

5. the card number

6.If a bank transfer the name of the account

making the payment together with the account

number and the bank sort code.

7. If a cheque the name of the drawer, the name

of the bank and the sort code.

Then state that you do not acknowledge any debt

to them, and no further correspondence can be entered

until such detail is provided and the account is formally

in dispute.

[dx100uk]

if there is no sign on the cra file

i'd not bother with it.

 

i take it they are not aware of the situation

 

so the use by another person, in any event, is irrelevent to the situtation as such.

 

YOU did not make a payment.

 

get them to show you the proof that is WAS YOU>

 

your buddy paying it is sheer speculation.

 

bit like these dca that magic up spoof payments

funny how it is ALWAYS 2007 too!!!

 

not ruddy link or lowells chasing you is it?

 

as thats IS their usual MO on spoof payments

 

dx

[sequenci]

YOU did not make a payment.

 

get them to show you the proof that is WAS YOU>

 

It's not as simple as that, sadly.

 

A payment by a third-party could re-start the limitation period if they are acting as 'an agent' on behalf of the debtor - see s30(2) Limitation Act 1980.

 

If a limitation defense is used then it is up to the creditor to prove that, on the balance of probabilities, the person who made the payment is indeed an agent acting on behalf of the debtor.

[dx100uk]

ofcourse

but at the presenttime

its speculation that a payment WAS made by his mate.

 

if it wasn't 2007 then i'd have doubts too.

 

won't know till we find out who the DCA is....

 

9/4 its LInk

 

outsider on the rails could be lowlife

 

dx

[BRIGADIER2JCS]

1st Crud like the magic payment ploy as well.

[dadofholly]

Deny the payment - which is not hard as you never made it - and ask them to prove it as the Brig advises in an above post.

[Bazzlad]

The DCA? CapQuest. I'll send a letter denying the payment and asking for proof of it!

[Bazzlad]

BTW - is there a decent base template for this, or am I flying solo when it comes to wording?