Response to SB Letter

[BRIGADIER2JCS]

Certainly I will ''compose a missive '' for you tomorrow and post it here.

[spacecadet5767]

Thank you Brigadier!

 

[Bazooka Boo]

Dear Bill&Ben,

Thank you for your letter dated dd/mm/yyyy which I received on the dd/mm/yyyy, the contents of which have been noted.

 

I also thank you for you written evidence, which I will only be too pleased to produce to a Judge in court should you continue to pursue this alleged debt.

 

I now demand that you provide me with unequivocal proof that I made this payment, this should include, but is not limited to, the method of payment, the exact date of this payment, and who made this payment.

 

I look forward to your prompt written response with the above information, or your acknowledgment that you have now closed these files and accept that this alleged debt is indeed statute barred.

I have also made a formal complaint of your fitness to hold a consumer credit licence to the OFT.

 

Regards.

[PRINT NAME]

 

Apologies, a suitably redacted letter for them, but Brig will no doubt provide one for you...

[spacecadet5767]

Thanks Bazooka Boo!

[spacecadet5767]

UPDATE : Another day, another response letter.

 

A different DCA has sent me a letter stating "they are investigating my claims regarding SB and they are putting on hold any collection attempts until further notice".

 

Hmmmm.

[DonkeyB]

Anyone sense there’s a £1 payment coming up?

[BRIGADIER2JCS]

Yep any time now:madgrin:.

Letter coming up in a while spacecadet.

[spacecadet5767]

I await your template letter with anticipation Brigadier.

[BRIGADIER2JCS]

OK.

 

To The Data Controller

XXXXXXXXX DCA

 

Complaint Re Phantom Payment.

 

Sir/ Madam,

 

I refer to recent correspondence regarding an alleged debt for £xxx .xx originating from an account with xxxxxxxxx, as I have previously notified xxxxxxxxx the alleged debt is now statute barred and I will NOT be making any payment or offer payment in regard to this matter.

 

Please be aware that xxxxxxx attempt to allege that this account is not statute barred because of a ''mysterious'' £1.00 payment allegedly made on xx xx xxxx is totally refuted as I have not at any time made any such payment, having researched the depths of the unenviable reputations of many debt collection agencies and the claims of mystery payments to accounts that are statute barred I cannot accept that any such payment was ever made.

 

XXXXXXXX WILL therefore within 7 days from the date of this letter provide the following data in writing;

 

1. The exact date of any such alleged payments.

2. The type of payment ie. cheque, postal order, cash by bank giro credit., debit or credit card.

3, If this was a: cheque payment: The name of the drawer, the name and sort code of the bank

on which the cheque was drawn, the sort code of the bank, the name and account number shown

on the face or the account.

4. If a PO was used the PO number/ the issuing post office ID, the date upon the PO and the date cashed.

4 ALL details on cash payments ie. the bank or PO that processed such payment and the date paid.

 

Unless this data is provided within the 7 day period stated I will consider the matter closed and I will report the

conduct of xxxxxxx in regard to this matter to the relevant regulatory bodies.

For information this letter is sent by RM recorded/signed for delivery and its receipt will be checked,

 

There ya go, fill in the xxxxxx spaces.

[spacecadet5767]

Sorry for being thick, but do I send this to the DCA in question, or a regulatory body, or both? And do all the XXXXX's represent the name of the DCA?

 

Thanks for your help Brigadier.

[BRIGADIER2JCS]

TO the DCA.

[spacecadet5767]

Thanks Brigadier!

[BRIGADIER2JCS]

Thanks Brigadier!

 

You're welcome.

[spacecadet5767]

UPDATE : Had another reply from yet a different DCA (Lowell).

 

This one has stated that after investigating the matter, they agree that the Statute of Limitations applies. They have closed the account and I will no longer be sent any letters etc.

 

Hmmmm. The plot thickens!

[BRIGADIER2JCS]

UPDATE : Had another reply from yet a different DCA (Lowell).

 

This one has stated that after investigating the matter, they agree that the Statute of Limitations applies. They have closed the account and I will no longer be sent any letters etc.

 

Hmmmm. The plot thickens!

Is this in reply to the letter in post34#?

[BRIGADIER2JCS]

Please name the DCAs that have written to you.

[spacecadet5767]

No Brigadier. The reply from Lowell was after my SB letter in the beginning.

 

Have sent your letter to Capquest.

 

Awaiting Robinson Ways investigation outcome.

 

And as above Lowell has agreed with SB.

[BRIGADIER2JCS]

No Brigadier. The reply from Lowell was after my SB letter in the beginning.

 

Have sent your letter to Capquest.

 

Awaiting Robinson Ways investigation outcome.

 

And as above Lowell has agreed with SB.

Agreed the plot thickens.

[DonkeyB]

Are you sure this is just for one account! Breaks every rule going if so...

[BRIGADIER2JCS]

Are you sure this is just for one account! Breaks every rule going if so...

Have asked for details before DB:|

[spacecadet5767]

No LOL. It's 3 separate accounts. Sorry for any confusion.

[DonkeyB]

That’s a bit different then!

[spacecadet5767]

UPDATE : Just had a letter from the DCA after I sent them the letter Brigadier supplied, asking them to furnish the banking details re the supposed payment I made and disputing the SB status.

 

In it they say that they maintain that the debt is not SB, but have failed to provide any proof of the so called payment. They then go onto to say that even if it was SB it would still be payable.

 

They are willing to accept a discounted offer if I contact them ASAP.

 

Does this letter even warrant a response?

 

Thanks.

[DonkeyB]

Send that letter to the OFT.

[citizenB]

Absolute B/s.

 

Whilst it is true that the debt still remains, No court will enforce it due to the Statute of Limitations. The OFT say it is unfair to pursue and their own Industry regulator states that ..

 

 

 

However, if your debtor has stated that they will not be paying a debt because it is statute barred, these accounts should be closed and your records updated appropriately. This will reduce the number of accounts that could be placed back out for collection or sale, which in turn could lead to complaint and create further issues for the industry in this area.

 

 

If they continue to pursue in view of the above, then it amounts to harassment and you should make a complaint to the OFT. If they still continue, then IMHO, I would also make a complaint to the Financial Ombudsman.

 

If they do NOT close the account and sell it on, then you will be best advised to make further complaints to the OFT and Ombudsman.

 

I have attached the CSA statement below.

 

 

Stat barred debt[1].pdf