Barclays -1st Credit - Judge & Preistly help needed - 5+ years old

[Brizzlygal456]

First of all the outstanding debt. This debt is a Barclay card debt which my ex had taken out in my name and had his own additional card. He ordered this card at his own home address which was never my home address. My ex had always been the one to deal with this card. After two years down the line Barclay Card conatcted me saying he had not carried out the payment plan that he had originally set up. Of which my ex had moved 200 miles away and had no contact with him.

 

Now I know this debt was around £300. 1st Credit contacted around a year later claiming I owed them £1104.29 which included interest. As they rang me - they caught me out by asking who I was and my date of birth etc - so after a few tears I offered them £500, which they did not accept.

Now its 5 years plus, could even be 6 years and I am receiving letters from Judge and Preistly about the above amount. This amount is not on my credit file with Creditexpert.

I do not know what to do next. I know they are still trying to contact me at my Parents address with the same letters. I have been told plenty of times that because this debt is so old, they are just trying to get what they can. I am wondering with me trying to sort this out and give them some money back have I reopened this debt so this isn't classed as a 5+ year old debt.

 

Has anybody else had the same problem or can help me? I want to sort this out once and for all

[lickthewallfatboy]

work out EXACTLY how long it is since payment was made or debt acknowledged in writing

 

this is VERY important,because if 6 years has passed,or will soon be passed,the debt will be statute barred,and there is nothing they can do to collect it whatsoever

 

if it is getting on for 6 years,it should be fairly simple to delay things till the 6 years has been reached

[silverfox1961]

Carrying on from LTWF's post, if you are not sure whether it is near the 6 year mark, you could SAR Barclays.

This would get back the Statements showing when last payment was made.

 

Can you please clarify something.

Are you saying your ex took out a card in your name with him as secondary holder at an address you never lived at without your permission or your signature

[Brizzlygal456]

I have never acknowledged this debt in writing to anybody. I am unsure where my ex is to contact him aswell to find out payment dates. Should I send a letter to first credit asking for details or is this just opening a whole can of worms?

 

I remember when they contacted before they could only send me statements as proof which had my name on but the two addresses which I have never lived at

[Brizzlygal456]

Hi Silverfox - unfortunatley yes I did sign this. I was only just turned 18 so I am afraid back then I was naive and stupid

[lickthewallfatboy]

do the SAR to Barclaycard,and then when you get the stuff back,we'll know better how to deal with this

 

but do not panic-you've arrived in the right place!!

[silverfox1961]

Hi Silverfox - unfortunatley yes I did sign this. I was only just turned 18 so I am afraid back then I was naive and stupid

 

 

Hindsight is a wonderful thing

 

Try not to stress too much. Being in debt is not a crime even though Worst Credit will make you feel like it is.

Been there, Done that. Not anymore

[silverfox1961]

Just had another thought.

 

As there is nothing on your credit file, this could already be Statute Barred.

 

I would send Worst Credit a Prove It Letter

 

Letter 18 here:

 

The Consumer Forums - Debt collectors

 

Make sure you send everything by Recorded Delivery and don't sign the letter, just print your name.

 

This will delay things while you do a SAR.

 

If they come back with something that proves the debt (usually unlikely but you never know) then we can CCA them instead.

[Brizzlygal456]

Ok I have now posted a Subject Access Request

 

I have checked on Equifax that this debt does show on my File. It was Credit Expert that didn't have this on file for some reason. On Equifax this says the file was last updated on the 16/7/2006 to a defaulted account

 

Still receiving 1st Credit Letters and not contacted them as I know they will lead me into some kind of trap

 

I will keep you posted

 

:@)

[silverfox1961]

It's fair to assume then that the debt isn't statute barred.

You say it was updated in 2006. Is that the default date or is there an earlier date?

 

Make sure you keep all the letters they send and all envelopes they come in. This is for future evidence should it come to that.

[Brizzlygal456]

Hey it says the default date is 15/03/06 and last updated 16/07/06. I think this about the time when the Guy rang up demanding for money when I knew nothing about it so has this reopened the debt?

[silverfox1961]

Try and keep a low profile until you get the SAR back from barclays. According to the info you have posted, this debt will not be SB for another 20/21 months so we need to find out exactly when Barclays defaulted you (It's not unusual for a DCA to put in a different date)

 

fox

[Bigdebtor]

If the SAR doesn't give you a copy of the DN then ask for a copy - just in case it turns out to be invalid. Barclaycard are know to have shredded a lot of CCA's - so they may only ahve a mictofiche copy - see what the SAR brings up and let us know. You have got to stall for time - and don't pay anything or acknowledge the debt in any way in the meantime.

 

Good luck!

 

BD