Clarity claiming I made a payment. Next steps advice required

[Bean765]

Hi,

I recently received a letter asking for payment for a credit card debt from 2003. I sent them the statue barred letter as I believe this account is now statute barred and they have replied saying payment was made in May 2009. I've requested statements from my bank but any advice on next best action to send to clarity would be great?

Shall I request a statement of payments?? Copies of original agreement??

many thanks in advance......

[FlamingParrot]

Re: Clarity claiming I made a payment. Next steps advice required

Hi,

I recently received a letter asking for payment for a credit card debt from 2003. I sent them the statue barred letter as I believe this account is now statute barred and they have replied saying payment was made in May 2009. I've requested statements from my bank but any advice on next best action to send to clarity would be great?

Shall I request a statement of payments?? Copies of original agreement??

The onus is on THEM to show you actually made the alleged payment, not on you to prove you did not. Sending a s.78 (CCA) request is intended to assess enforceability of an account based on the presence (or absence) of a properly executed agreement at the time of inception, it wouldn't do :nono:

I'd leave it up to THEM to PROVE this isn't SBd, then if you actually made payments in 2009, you could consider sending the CCA request. :thumb:

[Bean765]

Re: Clarity claiming I made a payment. Next steps advice required

Thanks, so in terms of "leaving it up to them to prove it's not sbd" do I write to them asking for proof of payment? Any links or suggested letters would be a great help!!

[david moore]

Re: Clarity claiming I made a payment. Next steps advice required

I agree to you flaming. very good advice.