Citifinancial card - Clarity DCA just paid poss SB'ed already Help Please

[joandtoby]

My fiance received correspondence from Clarity DCA - we aren't sure if this is likely to be Statute Barred as we have checked credit file and it doesn't show there and we have done a registry search and no CCJ's are present.

 

Clarity haven't mentioned if legal action was taken, and if not because the last payment made according to them was December 2006 then we assume it was SB in December 2012 - is that right?

 

Note that they wrote to him in October 2012 but he hasn't acknowledged the debt in writing, he just rang them and said he wanted more details about it and then they sent a copy of the original agreement but we have no details of what he paid off it etc.

 

He didn't make any payment to Clarity until February 2013, where he paid the odd £83 over the phone.

 

I just want to check what's best to do - here is the letter:

 

 

Letter from Clarity re Citifinancial dated 12 October 2012

Our client Britannica Recoveries

Balance £6083

Loan Taken out 13 November 2003

Last payment made December 2006

(my partner rang them and asked them to send a copy of the original agreement to him and they emailed it to him on 31 January 2013. The agreement showed the date it was taken out as 13 November 2003. He then rang them up in February 2013, paid off the odd £83 by debit card and set up a direct debit of £50 per month).

 

The £50 direct debit hasn't started it was due to start in April 2013 but we have now cancelled it.

 

We think an SB letter might be the right way to go, but they might start saying they contacted us in October 2012 before the 6 years was up?

 

Thanks in advance for any advice

[dx100uk]

cancel that DD now

 

and use chargeback tto get that payment back

you've been spoofed

 

it was SB'ed when you paid

 

so its STILL SB'd

 

nohing can unbar a debt not even a judge.

 

dx

[joandtoby]

thank you - do you think its unlikely that a CCJ was issued on this debt - ie looking at the dates above?

 

also, should I just do a SB letter to them?

 

do you know how I go about doing a chargeback?

[dx100uk]

http://whatconsumer.co.uk/visa-debit-chargeback/

 

i'll get someone to do you a letter

 

about the SB bit anddemanding your money back as you've been fleeced into paying it was already sb'd.

 

dx

[BRIGADIER2JCS]

Hi, looking in as dx suggested, I will read through your thread and put a letter together for you in the next 24 hours until then please do nothing.

[joandtoby]

thank you both.

 

I've just found another letter they sent him dated 7 February 2013

 

"We wrote to you recently but our records indicate that we have not reached an agreement with you. We would like to work with you to agree a solution which us both affordable to you and acceptable for our client. We can of course only do this if you contact us,

 

If we do not hear from you we will need to work with our client to consider the options available. These include our representative, Fieldcall Ltd, visiting you at your home to reach an agreement with you.

We very much hope and expect that this can be avoided and we look forward to hearing from you"

 

At this point my partner paid them £83.00 over the phone and was told he would have to set up a payment plan for £50 per month for ten years or a settlement of £4562.25

 

Really worrying reading the bit about the Fieldcall calling to the house now

[dx100uk]

you do realise these muppets are NOT BAILIFFS

 

they have NO LEGAL POWERS..

 

sorry but they had you blind.

 

dx

[joandtoby]

:oops:hi dx, do they acutally send the muppets out or is that just a threatening tactic?

[dx100uk]

never heard of fieldcall

 

your CAT has more powers than they do.

 

dx

[BRIGADIER2JCS]

Field Call Ltd, Based in Northampton, dediicated field visit company also has ''councelling'' services, quite ''persistant''in their approach, but as dx said NOT bailiffs, NO legal powers in fact nothing other than bein a pert.

[joandtoby]

cancel that DD now

 

and use chargeback tto get that payment back

you've been spoofed

 

it was SB'ed when you paid

 

so its STILL SB'd

 

nohing can unbar a debt not even a judge.

 

dx

 

Hello

 

I mentioned this to someone and they said there is no way I can do a chargeback on something like this. it's just tough luck. Not sure if anyone has succesfully done a chargeback after paying a barred debt???

[dx100uk]

yes you can

 

paid under duress

 

go get 'em!!

 

dx

[BRIGADIER2JCS]

dx is correct the bank should act immediately if a payment was made under durress, imparticular if threats 0f any type of inappropriate enforcement prodedures are made.

 

So we have a situation where payment has been AFTER the debt has become statute barred? The problem here an getting any payments back is that the debt stillexists in law BUT the creditor/DCA cannot enforce the debt through the courts, also if the debtor has NOT informed the creditor in writting that the debt IS statute barred and they will not be paying (as per OFT Guidance 2003 updated Nov.2012 any payments made prior to this statement are usulally considered as ''gifted'' to the creditor and as such are not recoverable.

 

So I'll deal with a letter for the actual statute barred ststus.

 

To The Data Controller

 

Clarity

 

Ref: use the one on their letter.

 

Sir/ Madam,

 

 

Formal Notification.

 

I refer to recent corresponce from Clarity regarding an alleged debt for £ xxxx xxx originating fro an account with xxxxxxxxxx, please note I do not accept any liability for the alleged and this letter is NOT acknowledgment that any libility subsists.

 

 

I have now checke my credit history and have concluded that this debt is statute barred and in fact was already statute barred on xx xx xxxx when a pyment was made, therefore NO further payments will be made now or in the future.

 

Clarity may attempt to claim that making the said payment has restarted the 6 year ''clock'' and that the limitation period has been extended please note I am fully aware that this not the case and any such challenge to the status of the debt has no merit.

 

I consider that Clarity has misled me regarding the status of the debt and has unfairly taken payment of £ xxx .xx knowing full well that no such payments should have been made, any direct debit facility has been cancelled and Clarity will be held liable for any attempts to take payments and I will seek to recover any charges accrued by Clarity attempting to claim further funds.

 

Clarity should now seriously consider refunding any payments taken since contact was made.

 

For clarification this account is STATUTE BARRED and NO PAYMENT WILL BE MADE.

 

Clarity will now cease to process all data relating to me and remove it from its records and conirm that these instuctions have been carried out within 7 working days.

 

Send by RM recorded delivery and check receipt..

 

Pls let me know the result.