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Statute Barred

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  • Statute Barred

    I have a debt, which i believe to be statute barred, as the last payment or acknowledgement made by myself was in 2009.
    Drydens are now sending letters on behald of Arrow Global Ltd ( original loan was with Bank of Scotland ). I sent the standard lettr advising it was SB and asked for evidence it wasnt. They sent a statement from Idem Servicing ( just a list of payments /dates ) which shows a randon £1 bank giro credit on 12/06/2012. I did not make this payment. I have read that it could be when the debt was sold on and that is a record of the payment? I have sent the standard letter again and stated that they have failed to provide evidence of me having made a payment, as they have simply provided a typed up list, which may show a payment, but does not prove I made a payment ( i did not ). They hav now responded by providing a copy of the same list, yet where they previously threateded legal action, there letter is much softer and states that they simply wish to agree a payment plan.
    Can anyone advise my next step....do i sent another letter...do i ignore them ( i would rather not ) or do I do something else?

    Thanks
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  • #2
    Re: Statute Barred

    These random £1 payments seem to come up a lot, so if you really don't want to just ignore them, you could reply saying thatyou still consider the debt statute barred, you have checked your records and have never made any payment to IDEM and request they send you further details ( method of payment, account the payment was made from etc ) before continuing to chase you for the debt. If they do decide to bring court action ( if they threatened it) then they should be aware their claim will be strongly defended. You can also point out CONC 7.15 to them ( here > https://www.handbook.fca.org.uk/hand...ate=2015-10-26 ( R is RULE G is Guidance )

    Also, and separately, you could send Arrow a formal CCA request ( with, coincidentally, payment of £1 ) for extra back up just in case you did randomly pay IDEM £1 previously ...( debt management plan token payment? previous CCA request etc, debt colector on the phone paid them £1 to shut them up etc( it happens) ) see > CCA Request Letter
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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    • #3
      Re: Statute Barred

      Thank you Amethyst....I will do the CCA Request...I have racked my brains and cannot think that i would have walked into a branch to make a £1 payment and then no further ones ( they say bank giro credit......I think that means it was paid over the counter ), of course they rely on people not being able to rememeber or be sure what happened 5 years ago!

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      • #4
        Re: Statute Barred

        Any update on this ?

        Comment

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