DCA chasing settled debt

[Redletter]

Hello all. It has been a while since I last visited having seemingly dealt with all my debts some time ago and getting my life back on track.

However, I have today received a "fishing" letter from a DCA, which I suspect is linked to a debt which has been settled.

"We are attempting to contact....."

I received a full and final settlement letter from the original DCA in March 2005, which stated that they "reserved the right to pursue any third party not named above" (so not me!)

Surely this DCA cannot take this any further.

Please advise.

[Redletter]

Bump!

[Kati]

Amethyst ?? Would a SB letter work here??

[Amethyst]

I received a full and final settlement letter from the original DCA in March 2005, which stated that they "reserved the right to pursue any third party not named above"

That does sound a little strange - do you have a copy of that letter ?

But yes, if there was anything remaining on that debt it would be long since statute barred so shouldn't be anything to worry about.

I'd be inclined to ignore the letter you have just received from the DCA, if it is just fishing, then let them fish a bit longer before giving them anything, keep hold of the letter and do a bit of research from your end first - eg. send a SAR to the original creditor and original DCA that you settled with - double check your credit file that it's not another debt that may have been lurking and so on.

Can you say who the DCA is ? ( might give a clue what kind of debt they are chasing )

[Redletter]

Thanks for your replies and help.
I suspect that this is related to a mortgage shortfall.
It was a joint mortgage and so I argued with the original DCA (CIS) that I would only pay half of the shortfall.
They said they had referred back to the OC and that they were willing to accept my half from me in f&f settlement of MY liability.
They sent me itemised payment records including a final statement in which they specifically stated that, having paid the agreed amount I had no further liability.

They did, however, state that the OC reserved the right to pursue "any person not named above" for the remainder (the other half of the shortfall).

This was in 2005.

In 2014 I received a fishing letter from a.n.other DCA stating that there was a balance outstanding on the account and that they could see payments had been made in the past. They claimed, therefore, that there was no reason why the rest should not be paid.

IIRC the claimed balance owing was equal to a half of the original shortfall, which would indicate at least some acknowledgement of the OC's receipt of the amount I had previously paid.

I cannot remember if I ignored the previous DCA in 2014, or if I actually contacted them.. I think I may have informed them that I had the f&f letter and they had said they would refer back to the OC.

I could pm you the names of the OC and present DCA but I'd rather not name them publicly just in case they are reading this.

Thanks again.

Yes I still have the letter.

[Amethyst]

That would be 12 years potentially for time barring, but still if last acknowledged in 2005 that's passed too.

Do do you know if they ever chased the joint mortgage holder for the other half ?

You are both liable for the full amount but you have evidence from the lender re their agreement you would not be chased for the remainder that should be enough to respond to this new DCA, along with informing them it is time barred. First though check your dates and make sure you have that confirmation letter.

[Amethyst]

Also see if you can check your records on this bit

"cannot remember if I ignored the previous DCA in 2014, or if I actually contacted them.. I think I may have informed them that I had the f&f letter and they had said they would refer back to the OC."

As 2014 would have been within the time limit and may have reset the clock - but still the confirmation that your liability is at an end should be enough