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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Madam,I have received a letter from a DBA debt of 18000GBP.

Customer Question

Dear Sir/madam,I have received a letter from a DBA for a debt of 18000GBP. The debt is held by a DBA is German which was assigned to it by deutsche bank. In the sheer panic of receiving this letter i phoned the DBA and discussed a payment plan.Since then i have sort advice from various debtadvice lines and have been told any acknowledgement of this dent has to be made in a written statement signed by myself. is this correct.I sent the DBA a letter asking for proof of this debt and stating i do not acknowledge this debt. they have since written back and said that the phone call is an admission that this debt belongs to me and if i dont pay immediately they will take legal action.The UK DBA is not registered with the FCA and i believe that they cant collect on regulated credit agreements which i believe a loan is. I last made a payment on this debt on 5th May 2010 meaning it is just over 6 years ago.What are my options and what should i be asking the DBA for as surely if they are prepared to work together i am entitled to at least see some proof before i acknowledge the debt.Regards,Kevin
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Why did you admit the debt please?

Alex

Customer: replied 1 year ago.
I am overseas and my wife wanted this debt dealt with soonest. Then after gaining advice i realised that this debt was more then likely statutory barred due to time restraints. I then sent the template prove it letter and he replied saying that the conversation was enough to lift any doubt that i was liable for the debt and that i had reset the bar.I have not made any written statements admitting to this debt. I am not looking to avoid the debt but just prove that it is statuary barrred
Expert:  Ash replied 1 year ago.

Do they have a recording of the admission?

Customer: replied 1 year ago.
They say they have the recording and that they believe any court would view it as lifting any uncertainty of my liability for the debt.What i cant remember is them telling me that the call was being recorded and it did not state on the initial letter that recordings would be taped.I have sent an SAR for all data, would this include the phone call
Expert:  Ash replied 1 year ago.

Yes it would. If they don't have it then you are ok. If you did make an admission then the six year time limit under the limitation act 1980 would start again.

But you need that recording - no recording is no admission.

Can I clarify anything for you about this today please?

Alex

Customer: replied 1 year ago.
Thank you. So the conversation would have reset the bar? Can i not make the defence against this is that i made the arrangement under duress and it cannot be a valid arrangement as without proof of the debt i could not have possibly known what i was agreeing to.Also i am a non UK resident for tax purposes, does this make a difference. I do own a House in the UK with my wife
Customer: replied 1 year ago.
I have logged an SAR, but as you know they have up to 40 days to respond. Obviously i believe they would use that timeline to take action before i can access the recordings. Is there another way in which i can access the recordings quicker
Expert:  Ash replied 1 year ago.

Indeed. But if there are proceedings they can be stayed pending outcome. There is no other quicker way sadly.

Alex

Customer: replied 1 year ago.
Thanks for all the advice Alex, if i was to offer a settlement do you know how much they would take just to get a quick payment in the bank and the debt off their books?Unfortunately i cant let the proceedings get to court room scenario as my job doesn't allow me to register a ccj
Expert:  Ash replied 1 year ago.

Probably 50% of the debt. You can contest any debt so a ccj could be six months away. Alex

Customer: replied 1 year ago.
Alex please excuse my ignorance but to contest the debt would i have to take it all the way through to the ccj process?
Expert:  Ash replied 1 year ago.

You would just file a defence initially. In any event if it went to court as a contested hearing, they would need to submit the recording away. Does that clarify? Alex

Customer: replied 1 year ago.
It does indeed, get hold of the recordings or I'm buggered. Thank you Alex for your time and patience
Expert:  Ash replied 1 year ago.

Indeed. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex