Barclays Overdraft Debt

[dajaxman]

Hi all,

 

I am looking for some advice i left uni about 9 years ago, i had racked up a 2200 pound overdraft debt. I am living in Gibraltar (British Col in shouth of spain). Over the years i have paid 50 pounds here and there, i havnt been consistant and obvioulsy i have been gaining interest as the months pass by. Now i am unemployeed and i have started to get threatening letters off them saying that it has been passed onto the debt collection people, interest has taken the amount to 2300 and of course this will increase every month.

 

What is the worst that can happen if i dont pay them, can they get to me in Gibraltar? Mate of mine says they have no juristion in Gibraltar and he doubts they would take any kind of action over 2300 pounds.

 

Not quite sure what to do and would apreciate any advice

 

Thanks in advance

 

Jacks:idea:

[Bazooka Boo]

Hmm, As I see it Gibraltar is a British zone (hence GBZ on the NO.plates) And the British bobby who no doubt still walks the beat down there? Mind you that was when I used to drink in the wine bar and then end up in the 'brass house' a little 9x9 metre square drinking hole in the back streets with a DJ and three records!

I digress:cool:

 

It would be my opinion that Gib has the same reciprocal arrangements as does mainland UK regarding DCA's etc, except the DCA's in Gib probably carry guns:eek:

 

You say that these debts were from 9 years ago?

Who are the letters from? Are they Glasgow based? UK based? Gib based?

 

What bank is your debt with? Have you opened another account with a different bank? If not do so.

Was the debt generated in a mainland UK bank, not in Gib?

 

Once you have a seperate bank account set up, then send whoever it is that claims you owe this money too, a CCA request.

 

However make sure you send everything by recorded delivery, don't speak to the clowns over the phone, I was going to say monkeys, but there are hundreds of rock apes their!

 

If it is 9 years old, you can safely say they will not have a copy of your original CCA, and therefore you can safely stop paying them until they do come up with one.

P.S. Don't sign your CCA request or any letter to them for that instance:cool:

[IdaInFife]

is ther overdraft from a cc or bank account?

 

 

ida x

[dajaxman]

Sorry I should of mentioned before, the debt is an overdsraft from a bank in Britain (Kingson to be presise) I am now residing in Gibraltar (and no Gibraltar does not have exactly same law as UK)

 

mate of mine had this to say to his collector (debt orginated with Barclays)

 

"threatening me with legal action is not a viable option as i reside outside of the EU and the United Kingdom and I am pleased that you informed me that you have worldwide field representatives however please provide me with evidence that they have jurisdiction or a legal status in the area that I reside."

 

This was writternt to the follwoing debt collectors

 

Collections Department

REGAL CREDIT CONSULTANTS LTD:idea:

[Bazooka Boo]

(and no Gibraltar does not have exactly same law as UK)

"threatening me with legal action is not a viable option as i reside outside of the EU and the United Kingdom and I am pleased that you informed me that you have worldwide field representatives however please provide me with evidence that they have jurisdiction or a legal status in the area that I reside."

 

The law of Gibraltar is a combination of common law statute, and is based heavily upon English law. and

The English Law stipulates that, English common law will apply to Gibraltar unless overridden by Gibraltar law.

 

Gibraltar enjoys a special relationship with the European Union. Gibraltar is within the European Economic Area. The legal system is based on the common law and statute law of England and therefore embodies the advantage and security of British company and trust law. As well as the security of a legal system based on the common law and statute law in England, Gibraltar's lawyers and accountants are trained in the United Kingdom.

 

Sorry to burst your bubble:eek: well your mates to be precise.

Fore warned is fore armed, gibraltars constitution & legal system.

 

If it is RCC have a browse for them on here, but IMHO they don't look anything to be worried about. As I suggested your best bet would be to send them a CCA request.

[Mike_Freeman]

I would strongly recommend you google the name Mary Elizabeth Croft and you can get further info on how to deal with debt letters. Below is from her book which will help you.

 

Whenever you receive a demand for payment from a Bank, Building Society, or Loan Company, all you need to do is to respond correctly, the drift of which is to request them to provide three things:

1. Validation of the debt (the actual accounting), and

 

2. Verification of their claim against you (a sworn affidavit or even just a signed invoice - signed is important!), and

 

3. A copy of the contract binding both parties.

 

Write to say you would be happy to pay any financial obligation you might lawfully (important word!) owe as soon as these three documents are received.

 

They can't validate the debt because they never sustained a loss.

 

They can't verify any claim against you - as a flesh and blood human being with a living soul - they will be attempting to talk to your legal fiction NAME.

 

They can't produce a copy of the contract because a lawfully binding one doesn't exist.

 

What exists is an unenforceable unilateral contract.

 

What they refer to as 'your contract with us' is not a valid, bilateral, agreement - since the four requirements of a lawful, binding contract were not met on the Credit Card (or whatever) 'application', namely:

 

1. Full Disclosure (we are not told that we are actually creating the credit with our signature), and

 

2. Equal Consideration. They bring nothing to the table, hence they have nothing to lose. ("Consideration" means 'something of value', e.g. money, or an item of value - something they are trading for your signature/promise - something they have to lose), and

 

3. Lawful Terms and Conditions (they are based upon fraud), and

 

4. Signatures of BOTH Parties/Meeting of the Minds (Corporations can't sign because they have no Right, or Mind, to contract, because they are soulless legal fictions)