First RED, LOWELL and now BUCHANON, Clark & Wells

[Toxic IceBreaker]

Please help.

 

Early last yr my mother rec' letters from a debt collection company called RED, LOWELL, whatever, for a Barclay Credit Card debt which was settled back in 1990 with the help of Citizens Advice Bureau - basically written off as she was in critical debt.

 

I googled Red on the net & found out what kind of an organisation they were - aka - buying statute barred debt. Just to be on the safe side I took my mum down to CAB who told her to ignore the letters & not to send any correspondence to them, even to state that the debt is statute barred.

 

We have heard nothing more - until last saturday when mum rec' a letter from BCW saying Red/Lowell had passed the debt to them & she had X days to contact them before they would send bailiffs round & take her to court.

 

Mum got distressed so i reminded her that the debt was statute barred & to ignore the letter.

 

Tonight i checked our landline voicemail & there was a strange automated company telling her to call back an 0871 number. Our number is ex-directory!

I Googled the number & found out it belonged to BCW &, quite obviously, a very suspect company chasing debt.

 

What I would like to know is - is what BCW doing legal?

Do they have any right to send bailiffs to our home? And how on earth did they get hold of a number which Barclay has certainly never had as we changed our number a few times since then & it's ex directory.

 

What are our rights? Do we have any at all? Does she need to pay back a debt that was settled/written off nearly 20 yrs ago? We're now panicking that bailiffs will show up at the door.

 

What do we do???

 

Any help would be greatly appreciated.

[rory32]

Hi and welcome to CAG.

 

Unfortunately the advice that the CAB gave you wasn't the greatest. What you need to do is send BCW a letter on your mums behalf stating that the debt is statute barred and any further contact will be considered as harassment. Use template M here. Send it recorded delivery and do not sign the letter. As you have also received a telephone call I would send this letter too http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

Do they have any right to send bailiffs to our home?

No, absolutely not. Debt collectors have no legal powers at all.

 

Only a court can send bailiffs to your home and they would only do this in exceptional circumstances. The whole point of a debt being statute barred is that no enforcement action can be taken.

 

And how on earth did they get hold of a number which Barclay has certainly never had as we changed our number a few times since then & it's ex directory.

Probably by using tracing companies and breaking the data protection act in some way.

 

What are our rights? Do we have any at all?

You have lots of rights. You have the right to receive no further contact regarding this account once you inform them that no payment will be forthcoming. Any further contact once you have informed them of this would be harassment which is a criminal offence.

 

I would also make a complaint to your local Trading Standards about this companies tactics as well as a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008 questioning BCW's fitness to hold a consumer credit license (enclose copies of any threatening letters and emphasise that this is causing your mother a great deal of distress). You may also wish to get your local MP involved.

[maroondevo52]

Thread moved.

[Toxic IceBreaker]

Hi Rory32

 

Many thanks for this.

But wouldnt writing to say it's statute barred be recognising the debt?

We dont have any papers showing it was dealt with - esp as its over 19 yrs ago.

 

Sorry to be a pain

 

UPDATE - They've just called me at my work place asking to speak to my mother..... | asked the man to repeat the name; again he said my mum's name so I replied "this is harassment & she does not work here".......

 

Now im getting really concerened - what do I do?

Edited February 27, 2009 by Toxic IceBreaker

[cerberusalert]

Once a debt becomes statute barred it remains statute barred.

[cerberusalert]

I would also make a complaint to your local Trading Standards about this companies tactics as well as a complaint to the OFT under the Consumer Protection from Unfair Trading Regulations 2008 questioning BCW's fitness to hold a consumer credit license (enclose copies of any threatening letters and emphasise that this is causing your mother a great deal of distress). You may also wish to get your local MP involved.

 

Also send them this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

[rory32]

But wouldnt writing to say it's statute barred be recognising the debt?

Once a debt becomes statute barred you are under no obligation to pay it and, while a debt collection agency can ask you to pay it, once you have confirmed you won't be then that should be an end to the matter. If a DCA continue to ask for payment then that is harassment and they are breaking the law.

 

If you don't write to them and confirm that you won't be paying then they will just continue to write letters and phone. Doing nothing is not really an option.

 

We dont have any papers showing it was dealt with - esp as its over 19 yrs ago.

This really is nothing to be concerned about. It is for them to prove that the account is not time barred and that they have a legal right to collect. Obviously they won't be able to do this. You do not have to prove anything and in writing to them you are in no way acknowledging that a debt exists, only that any debt would be time barred.