Help! Barclays overdraft, statute barred

[Adereterial]

This is my first post, and I could really use some help!

 

Some years ago I had a Barclays current account, but I stopped using the account some time in 2003, and haven't used it since. I recall writing to ask for the account to be closed, but moved at around the same time (June 2003), so forgot all about it. My mother was still living at my old address, and in helping her move out recently, I found a huge pile of letters she'd never passed on to me. It appears I left the account slightly overdrawn (by about £40, it appears) so it was never closed, and Barclays have continued adding interest since then. It now stands at just under £500 overdrawn, and Barclays have now removed the overdraft facility and are charging stupid amounts of interest, and are demanding full repayment with threats of legal action.

 

I'm convinced the debt is statute barred, as I know I stopped using it a few months before I moved in June 2003. I duly sent a letter to that effect and asked for proof otherwise. They have responded with copy statements going back to August 2004, and letter stating that the money is still owed, but not on what basis.

 

The statements reveal several things which I believe they are relying on to prove that the cause of action is much later than I believe it to be:

 

September 2004 - a payment for 'card protection' and an unknown payment with just a number beside it

December 2004 - a payment to 'debt management' for a graduate loan I had but I settled in full in June 2004

August 2004 - a further payment for card protection.

 

I have no recollection of signing up for card protection - and if offered, I would have refused, as I don't think it's particularly useful. The debt management payment I think I can deal with, as I think I have squirrelled away somewhere a letter confirming the account was settled in full. The random payment confuses me, as I have no idea what this is!

 

There is also a refund of £22 for a reserve fee in November last year - they don't ever appear to have charged the fee and according to their letters, it was something they would have added automatically. Upon speaking to their collections department this morning they appear to be under the impression that the refund they have added to the account constitutes a payment from myself and thus my acknowledgement of the debt!

 

I'm not sure where to go from here: clearly they are relying on these charges as proof that the debt accrued later but as far as I am concerned, none of these payments was authorised by me to my knowledge and thus the account was not in use from somewhere around mid-2003, and should be statute barred.

 

I need to send them a letter disputing the debits on the account, is this possible without acknowledging the debt - I'm not entirely sure when I stopped using it, so it might not be statute barred just yet.

 

Any advice would be most appreciated - I can't afford to pay this right now as I'm on a DMP, and would really rather it went away!

[dx100uk]

surely the crux of this is YOUR last fanacial transaction NOT theirs.

 

i'd just fire off the statute barred letter anyhow.

 

if not reclaim the charges + int? either way the bal is null!

 

dx

[Adereterial]

Hi there,

 

Thanks for your reply

 

They've had the Statute barred letter, their response was the statements!

 

Should I just write to them and ask them to explain how they feel this proves the account is not statute barred? The letter they sent basically says that they understand that the last payment I made towards the debt was over six years ago but that the account is still £493 overdrawn and requires paying. Oh, and that they hope their explanation was helpful!

 

There's no charges, per se, just these debits I don't recognise and a whole bunch of interest. It's well within the £1000 overdraft limit I had with them, so I only ever got charged the interest, and no charges were added as I hadn't gone over that.

[dx100uk]

its down to them to prove its NOT statue barred not for you to prove it is

 

ignore them.

 

dx

[Bazooka Boo]

I know this is meant for DCA's but you can edit to suit, and mention you have made a formal complaint about them to the OFT, & FOS.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/578-letter-to-dca-persistant-after-statute-barred

[diddydicky]

its down to them to prove its NOT statue barred not for you to prove it is

 

ignore them.

 

dx

 

 

i would call their bluff on this one

 

charges that THEY have added to the account to extend its life will not cut the mustard

 

i would write once more to this effect confirming that these three transactions were not made endorsed or authorised by you and you have serious reservatiions as to why they have been put there

 

Tell them also that you dispute these transactions and charges

 

Tell them that you are sure enough of your position that you will happily defend any action they care to bring and you will not be answering any further correspondence other than service of summons on this matter

[clemma]

To re-start the limitation clock YOU must make a payment or YOU must acknowledge the debt in writing. As you have done neither, then this is undoubtedly statute barred.

 

It does not matter a jot as to what they do with the account. You could send a letter back stating:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU

 

I acknowledge receipt of your letter, the contents of which have been read but NOT understood. The Statute of Limitations Act clearly states that if no payment has been made by ME or a letter has not been sent acknowledging any debt, then the 6 year limitation begins from the last time I made payment or wrote admitting liability.

 

The last transactions on my account were initiated by Barclays - this in no way affects the statute barred status of this account.

 

I enclose a copy of my previous letter regarding this matter. If you do not understand the contents, can I suggest you seek legal advice?

 

Any further correspondance on this matter will be met by my charges of £12 per letter in response and £9.95 per hour for research. You acknowledge these charges should you send any more demands.

 

Yours.

 

Or something along those lines anyway.....

[diddydicky]

To re-start the limitation clock YOU must make a payment or YOU must acknowledge the debt in writing. As you have done neither, then this is undoubtedly statute barred.

 

It does not matter a jot as to what they do with the account. You could send a letter back stating:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU

 

I acknowledge receipt of your letter, the contents of which have been read but NOT understood. The Statute of Limitations Act clearly states that if no payment has been made by ME or a letter has not been sent acknowledging any debt, then the 6 year limitation begins from the last time I made payment or wrote admitting liability.

 

The last transactions on my account were initiated by Barclays - this in no way affects the statute barred status of this account.

 

I enclose a copy of my previous letter regarding this matter. If you do not understand the contents, can I suggest you seek legal advice?

 

Any further correspondance on this matter will be met by my charges of £12 per letter in response and £9.95 per hour for research. You acknowledge these charges should you send any more demands.

 

Yours.

 

Or something along those lines anyway.....

 

but........ to truly fillet their donkey and leave them no wriggle room in coujrt when they apply for this ill fated SD hearing then for the sake of a stamp it would pay to be able to disprove any suggestion from them that they wouldnt have proceeded if you had told them so@

 

nothing wrong with what you said - its just my style to have an answer for everything that might crop up!