No Proof of Debt Payment

[julieb23]

Hi, I have a friend who has been recently contacted to repay an supposedly outstanding debt from around twenty years ago.  She paid the debt at the time in cash (around �600) and obviously received a receipt for this.  However, she has moved three times since and, since the debt was clear a long time ago, actually remembers throwing away the receipt.  The court where she paid the debt say they have no record of the payment.  Is there anything that she can do or will she have to pay the money again?

[Oneeyedvic]

Has the woman received any correspondence from the company within the last 6 years?

What was the debt for, and was it secured by any means?

It does seem very strange to chase someone after no contact after 20 years.

If it was an unsecured debt and no contact has been made for 20 years, I would suspect that she would not have to pay this.

[julieb23]

as far as i can gather, she was made redundant twenty years ago and claimed dole.  Apparently she was overpaid and they claimed the money back which is the debt in question.  She even got a court summons, which I'm thinking there should be a record of and, therefore, the fact that she never went to court should be at least some proof that the debt was paid.

[julieb23]

And, no, there has been no correspondance at all since the debt was paid which is why she saw no need to keep any receipts.  thanks oneeye

[MargeB]

Use the Dataprotection act to find out what info that company holds on you. It may force them to dredge up relevant info on a payment. Find out who their accountant is (you would probably be granted a court order to get this) and similarly to find information which they may hold about that payment. Tricky one this. It's for the company to demonstrate that there is a debt, and for the woman to show that it was paid, but the woman may be able to demonstrate that the company has not taken reasonable steps to preserve information in a way which could reasonably be used to record outstanding versus paid off debts.

[Mrs_Pegasus]

I am surprised that the debt can still be recovered.

I would guess that the debt has been sold for pence to a collections company and they are simply chancing their arm.

I understood that main stream debts cant be recovered after 7 years because they are normally written off in the companies accounts at that point.

I would be wary of paying anyone after such a long time, ask for proof.

[julieb23]

Thanks for all your help.  You've basically reiterated what I thought.  Sure it'll all work out fine for her.  I've told her not to give them a penny until all necessary steps have been taken.  Cheers again.

[Didwot]

The Limitation Act provides that you cannnot be sued for most debts after 6 years. However once you have been sued and judgment obtained agianst you then that judgment can be enforced for ever. If your friend paid to the court then they should have a record of the payment. If she paid the creditor and they issued a receipt then they would have a record of the payment. If neither have any record of the payment then she is in a difficult position, but if push comes to shove who is the court going to believe? Someone who says I remember paying, or a creditor who has done nothing for years, and probably remembers nothing?

[jean88]

i have a similar problem, a supplier from my previous shop ( which is no more) come knocking saying I still owe this bill dated 4 years ago. I am sure I paid this, but they insisted I didnt. They have no proof, they just typed up this invoice and with all the wrong dates and details. I have no receipt either because I had renovated my home and it had been 4 years. The funny thing is I have seen them many time within these years and they never mention it, I wonder if these were my bills or someone elses (long story, I have already put my problem up previously in AB). I have seeked advice, dont pay nothing unless you see solid proof.