DLC chasing Statue Barred Citi card 'debt'

[gazd1978]

I am normally quite clued up on this but need advice or a letter head.

 

In a nutshell, small debt £375 off my credit file, noticed when RN did a credit check on me.

 

The default date on the credit report was 15.10.07.

So it dropped off on 15.10.13.

 

I got a letter earlier this year 1.2.14 saying I owed this money annd to pay, usual rubbish, checked experian it was off my credit file etc.

 

I wrote them a letter explaining SB limitations act, 6 years etc all the usual, stop contacting me or you will be liable for my £25 admin fee.

 

Received a letter today, really funny really,

 

They are claiming the last payment was 7/5/09 (lies)

 

They then said they enclose a statement to "proove this"

 

They then attached a statement of me using the card 9/2/07.

 

That was the last transaction, payment or using it...No payment on 7/5/9 at all.

 

They also and I quote "last payment made to the original lender on 24 March 2005

and another statement to show you last used the card during January 2007"

 

Ok, so if my last payment was REALLY 24/5/05 ,

do you really think the credit card company would let me use it nearly THREE years without payment.??

 

 

Basically imnot happy on three points

 

 

A) it is 100% SB, luckily I kept a print off of the credit report from 2013 showing the original default date of 15.10.07

 

B) The sheer lie of saying I made a payment in 2009,

then saying they have attached proof and attached no proof whatsoever,

all they did was attach an old statement from 2005 and 2007

 

C) Also the fact saying i last paid to the "original" lender in 2005

but carried on using the card till january 2007 haha as if...

 

Arent they breaking the law by lying, lying and well lying again, am I in my rights to charge this £25 adminfee.

 

This card was used by my ex partner and apparantly as she did it all on line she didnt need to know my PIN.

 

Dirty little rat used in the night when I was asleep.

 

I have no other debt, my credit score is good (968)

 

Please can someone advise me of my next step??

 

 

Thank you

[dx100uk]

name names please

 

ask them where statements from 2005/7 prove a payment in 2009?

 

and also for a CCA request?

 

dx

[citizenB]

If they are claiming the card was used or a payment made, it is for them to provide proof of this.

 

I would imagine that their claim on the usage is easily put down, the card was well in default and almost certainly the account had been closed/cancelled by the original creditor at the time they are saying it was used.

 

As for the payment - then simply persist in demanding proof of how, when and where and by whom this payment was made.

 

Even if the card was used in January 2007.. then the account is still statute barred as of around April 2013

[gazd1978]

Thanks for swift response

 

the original creditor Citi financial.

 

I used the card in 8/04/05 and paid it off, kept it in my wallet.

 

the statement they sent shows zero balance.

 

the next attached letter shows purchases from 21/1/07 to 9/2/07, thats it.

No payments were made,

 

I moved house, forgot to phone the credit card company as I never used it,

and only had a limit of £250,

 

left as the ex partner was stealing cash too,

 

my fault for not checking this too.

 

However, there is no record of a payment in 2009.

 

I know 1000% i have not even made a "token" payment on this.

 

The DCA is DLC.

 

Yes I admit the card was used upto Feb 2007,

 

but in black and white the default date is 15.10.07.

[BazzaS]

Thanks for swift responce, the original creditor Citi financial. I used the card in 8/04/05 and paid it off, kept it in my wallet. the statement they sent shows zero balance. the next attached letter shows purchases from 21/1/07 to 9/2/07, thats it. No payments were made, I moved house, forgot to phone the credit card company as I never used it, and only had a limit of £250, left as the ex partner was stealing cash too, my fault for not checking this too. However, there is no record of a payment in 2009. I know 1000% i have not even made a "token" payment on this. The DCA is DLC. Yes I admit the card was used upto Feb 2007, but in black and white the default date is 15.10.07.

 

It isn't for you to prove it is statute barred, it is for them to prove it isn't.

 

Deny the payment was from you, so the SB clock was unaffected.

Note that if they choose to contest this, they'd have to take the matter to court, where you'd put them to strict proof they hadn't made an administrative error.

 

As usual, deny any liability to them