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    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
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RoyalIrish

Sick Of Being Ignored!

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Hi All,

 

Despite notifying several parasitic Debt Collectors (lowell, Cabot, Capquest, McKenzie Hall etc.), that my debts are statute barred and they have zero chance of getting any of my money, they continue to ignore my claims and carry on as if I had never wrote to them.

 

What's the story with this then?

 

I've even had Cabot sending me an account statement!

 

I absolutely and positively know that any debts I had are Statute Barred, there is no question of having paid any of them or contacted any of them within the last 6 years.

 

Yet they continue to send me the biggest load of nonsense, account statements and the like, surely this is some kind of tactic?

 

I sent them a Statutory Notice to inform them about processing my data etc. and, guess what? they ignored that as well.

 

They, apparently, are legally entitled to do so because of the credit agreement that I signed (this does not exist by the way I asked for a copy etc. and never got anything).

 

Should I just bin their letters and forget about it or go through the endless drudgery of writing letters only to be ignored again?

 

If a debt is Statute Barred what can they do about it in reality?

 

Thanks!

 

RI

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Hi

 

Normal DCA tatics they all ignore ..total waste of paper ink and postage..Dont bin any letters just file under ignore..Unless they send you a SD(stat Demand) or a summons dont do anything..just put ya feet up ..If you get either of the 2 through the letter box then come back on here and the pro,s will guide you through the process :)

 

And if debt stat bard they know they cant do nothing ..But it doesnt stop them from trying

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Or you could get a copy of your CRA File this will only cost £2 via post once you have it scan and print of copies and sent to the DCA's with a *uck off letter.


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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They are in breach of OFT guidelines and you should complain to Trading Standards via Consumer Direct; Consumer Direct - Contact us


Anthrax alert at debt collectors caused by box of doughnuts

 

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I tried my local Trading Standards but the person assigned to me was quite pathetic and gave me the impression that she was on the bank's side!

 

I told her to forget it.

 

How on earth can they send a Stat Demand to anyone if the debt is Statute Barred and/or there is no CCA?

 

Would they actually be so pedantic?

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I believe that after the 6years (5 in Scotland) they cannot chase you for the debt, however, the debt still 'exists'.

 

Personally I would report each and every one of them to the OFT and Tradings Standards.

 

If it were me I would send one more letter for each account :

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Dear Sir/Madam

 

Account No:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

 

Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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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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I believe that after the 6years (5 in Scotland) they cannot chase you for the debt, however, the debt still 'exists'.

 

Personally I would report each and every one of them to the OFT and Tradings Standards.

 

If it were me I would send one more letter for each account :

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Dear Sir/Madam

 

Account No:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

 

Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

 

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I/we look forward to your reply.

 

Yours faithfully

 

I've sent this to all of them but they simply disregard it and keep sending me stupid letters!

 

That's what I mean by 'ignored'.

 

More importantly, they are using the CRA'S as a weapon in their relentless hounding!

 

Thanks for the input!

 

RI

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OK, then I would definitely do as Cerb suggests, it is certainly extremely annoying, but then that is their game!

 

You could also report them for needlessly destroying trees ;)


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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The thing is what they are doing only causes the opposite effect in that the more they hound you the more you will fight.


If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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I believe that after the 6years (5 in Scotland) they cannot chase you for the debt, however, the debt still 'exists'.

 

 

That's a small, but significant error in the sense that they can still 'ask' you to pay the debt, assuming the debt is actually yours to pay.

 

They have to be 100% sure that you are who they think you are (i.e the debtor) before they 'ask' - they are not permitted to offer/threaten a court resolution to the matter - and all collection activity must cease once they have been informed and are aware that you will not/can not pay and the debt is statute barred.

 

If they continue to call and/or write, you should keep records and report them. They will say it's an 'administrative oversight' or a 'computer generated letter', or something along those lines, but as the recent British Gas case established, they can not use that as a defence to the fact they are unlawfully pursuing you. A formal complaint will go a long way toward to laying the foundation for a counter-claim, should it become possible.

 

:)


HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Correction about Scotland - under the Prescriptions and Limitations Act the debt does cease to exist altogether after 5 years.

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It always is in the back of my mind that they could 'fabricate' details to make the debt 'live' again.

 

I'm sure it has been done before plenty!

 

After my incident with the forged signature on the dodgy Capital 1 CCA I've been very paranoid about these b*****ds and their tactics.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249811-signature-tampering.html

 

RI

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Correction about Scotland - under the Prescriptions and Limitations Act the debt does cease to exist altogether after 5 years.

 

So what if you lived in Scotland when you 'aquired' the debt and moved to say, England for example and it became Statute Barred then?

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Scots Law does not apply in England. You would have to be living in Scotland for the Prescriptions Act to apply.

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the more you write back to these leechers the more markers they put on your files that a mug awaits.

 

you are causing yourself the grief by sending anything.

 

you are on a phishing list.....simple.

 

it matters not you send XXX letter saying its statute barred, the leech that has you on their list is NEVER going to fwd that info on as it makes the list worthless

 

ignore them.

 

dx


..

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ignore them.

 

dx

 

The bottom line.......and by far the most effective method to get a debt problem resolved. :)

 

If they can take you to court, they will, but even then you'll probably come out of it better off.

 

It's statute barred.

 

Ignore them.


HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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