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Statute Barred - Overdraft - Urgent????

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Hi all,

 

 

I'm in need of some help/reassurance here. Today I received a letter from Booker Management Services and it reads as below:

 

NOTICE OF ASSIGNEMNT

 

 

Your ref xxxxx

Outstanding balance xxxxxx

County Court Claim number (this is actually blank)

 

With reference to the above account we are writing to advise you that there is an outstanding balance due under the acount Barclays bank with personal overdraft reff xxxxxxxxxxx

 

We hereby give you notice that the agreement that you had with Barclays bank ref xxxxxxxxxxxxxxx (the "agreement") has been assigned to BN finance Ltd by an assignment dated 30/06/03. All future payments that you make in respect of this agreement must be made to Booker Management Services Ltd.

 

Booker Management Services have been instructed by BN Finance Ltd to recover the debt from you and are agents of BN Finance Ltd.

 

DEMAND FOR PAYMENT

 

Please contact us to discuss the account.Should we not hear from you within 7 days of the date of this letter (which is 22/06/09) we will have no option other than to take further recovery action against you.

 

 

I am hoping some one can help with this, the background is I owe money from an overdraft which I ran up in 2000. I ahve never paid Barcays or anyone else a payment on this and now all of a sudden I get this letter.

 

Now confused because I am trying to work out if the statue limitations act applies to an overdraft ???? If it does I know I can 100% send the letter to them and hopefully they will leave me alone.

 

My second query is, that they have not stated a county court reference on here, so I assume they don't have one. I checked my file in august 2007 and there was no sign of one.

 

Thirdly they have by their own admittance stated an assigment dated 30/06/03 - but I am 100% sure it was a good 3 years before this, so I am wondering if this was the date Barclays passed it over to them.

 

I really need help to know if the overdraft is covered by the statue limitations act, does anyone know ???

 

Also if it is do I wait until 01/07/09 and send the letter along with highlighting their own admission to an agrgeement being dated 30/06/03 ??

 

I have never spoken to Barclays since they politely asked me to pay back my overdraft about 8-9 years ago, no have I ever written to them or paid them anything.

 

Where do I stand with this ???? Any help is appreciated !!!:confused:

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Send them the Statute Barred letter; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

The onus is on them to prove a debt exists and they can collect on it.

 

You can check to see if there is a CCJ yourself online, it costs £8; CCJs, court orders & fines - Search yourself and others - Trust Online


Anthrax alert at debt collectors caused by box of doughnuts

 

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Superb, thank you, think I will send it to them. Does this mean overdrafts can be statue barred ??? Sorry, I'm just trying to be 100% before I stand up and tell tem "bring it on"

 

I've gotta say a huge thank you to every on on this forum, a year or two ago i went through a rough time, mentally dealing with DCA's and all the debts I had, but every one on this site was a great support. I vowed the next letter a DCA sent me I would finally have the courage to stand up and fight them, rather than hide away. Which is where the above letter comes in. It's fair to say i was shocked to see it arrive, but I came straight here for help. I'm pleased to say this time I didn't sit down and cry over the mess. This time it's war . . . . so thanks everyone for making me stronger ;)

 

Any other advice on overdrafts and statue barred please pass it on . . .

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[quote=ICO

 

Thirdly they have by their own admittance stated an assigment dated 30/06/03 -

 

and by their own stupidity.as they have been the owner since and therefore aware that you have not made a payment to them.

 

its 6 days to statute barred anyway:)

never mind from 2000.

 

 

send it off:D

 

SAM:pLOWELL DETESTER

  • Haha 1

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Does this mean overdrafts can be statue barred ??? Sorry, I'm just trying to be 100% before I stand up and tell tem "bring it on"

 

Yes overdrafts can be Statute Barred. ;)

 

Even in the unlikely event that they had a CCJ if they haven't enforced it within six years they would have to apply to the court again for permission to pursue and show very good reason for doing so. Not only that, you could apply to have it set-aside anyway.

  • Haha 1

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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[quote name=ICO

 

Thirdly they have by their own admittance stated an assigment dated 30/06/03 -

 

and by their own stupidity.as they have been the owner since and therefore aware that you have not made a payment to them.

 

its 6 days to statute barred anyway:)

never mind from 2000.

 

 

send it off:D

 

SAM:pLOWELL DETESTER[/quote]

 

 

Thanks so much, the letter will go on the 1st july and I think I'll be cheeky enough to hihlight their own admission !!! P.s I only have to hear the word Lowell and my blood boils !!!;)

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and the court will only grant a DCA permission within 6 calendar months of purchase date:D:D:D

 

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Yes overdrafts can be Statute Barred. ;)

 

Even in the unlikely event that they had a CCJ if they haven't enforced it within six years they would have to apply to the court again for permission to pursue and show very good reason for doing so. Not only that, you could apply to have it set-aside anyway.

 

 

Thank you, I thought they could, but I just wanted to be 100%, wish me luck, here I come Barclays !!!

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and the court will only grant a DCA permission within 6 calendar months of purchase date:D:D:D

 

SAM

 

Getting better by the second :D:D:D

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I think that this needs a CPUT complaint as well


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I think that this needs a CPUT complaint as well

 

Hi BankFodder . . . apologies for not knowing but what is a CPUT ???

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Consumer Protection Against Unfair Trading Regulations.

 

Give trading standards a ring

 

08454 040506

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I'm lost, where do i find the template for the statue limitation letter ???

 

Sorry

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I know and I'm sorry, but can anyone tell me where I can find a letter template to send for a statute barred debt ??? :oops:

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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No, just send the letter as is.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Cool, thanks for that . . . Do we have to state without prejudice ? or that we don't acknowledge any debt ??? It doesn't say that in the letter and I'm just double checking . . .

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Two threads merged, I C O, Please stick to the one thread on this subject ;)

 

Thanks.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Two threads merged, I C O, Please stick to the one thread on this subject ;)

 

Thanks.

 

Scott.

 

 

I'm sorry :sad:

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I'm sorry :sad:

 

No problem, just makes it easier for people to advise you correctly, knowing what other replies you've had :)

 

Regards.

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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And NO.

Don't put "without prejudice"!

 

That means that you can't use the letter in court - and if it ever got that far, you would need to.


Carpe Jugulum

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Ok, my letter is now ready, but does anyone have advice as to when I should send it ???

 

BMS own admission says they recieved assignment from Barclays on 30/06/03 (see my huge letter at the start), but I am 99.9% sure the debt is older than this. Probably about 2000/2001. Do I wait until 01/07 to send the letter, which by their own admission in their letter to me would make it statute barred ???

 

Or do it straight away ??? As they say they will take further action if I do not reply within 7 days ??? Which would be on the 29th June ??? Surely they wouldn't take me to court after 5 years and 364 days would they ???

 

Any help would be appreciated :)

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Send the Stat Barred letter off today by recorded delivery. The burden of proof is on them to prove its not Statute Barred.


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