Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
4-5 years ago, my credit card details were stolen and used once for a £200ish purchase. this is a card that i honestly had forgotten about, and had moved away from the registered address, so any mail that should have reached me never did.
a couple of years later, i found out about the "debt" and told them that i had never even used the card as i was at university and didn't want to build up any unpayable debts. by this time (due to their xmas party fund/make the shareholders happy charges) the "debt" had almost quadrupled in size. (£700+)
as you can imagine, i was pretty much knocked off my feet. i went to the local police station to report the unauthorised use of the card, but they told me that it was way too late to open up a file really, and just to tell the credit card co. the truth.
which i did.
however, i am still getting letters through the post from a series of different companies demanding that i pay up.
i'm seriously lost on this one. i'm pretty sure that i should tell them to cram the charges where it doesn't shine, but as for the original unauthorised payment, i'm clueless where i stand. the card was used in august 2003 if memory serves me correctly, so 5 years ago. i've not made any payments on it thus far.
This will be harder to deal with now because of the time that's passed since the fraudulent use of your card.
Have you sought details from BC about the purchase which was made, ie:-
Date of transaction.
Where it was made, ie in the UK or elsewhere.
Was it made in person with a signature or by phone and delivered somewhere.
How does the signature compare to yours.
What was bought.
If the debt has not been acknowledged by you or been paid at all, the debt becomes Statute Barred after 6 years and will then not be legally enforceable.
The other route to take would be to send BC a CCA request to see if they have a valid Crdit Agreement for the a/c. If they don't, the a/c is unenforceable and they'd have to remove any negative markers from your credit file.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
Barclaycard advice please.
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