Barclaycard debt

[Lisarw24]

Hi i'm just after some advice really. I had a barclays account and a barclaycard credit card in 1998 whilst at university. I missed some payments on the credit card and eventually i was contacted by i think a debt company in 2002 who made me an offer to pay i think 2thirds of the debt an the rest would b cleared. I did this and thought nothin else of it until i received a letter from a debt company today saying i owe over double the original balance an no record of me paying anything. I am now being threatened with court and i'm certain i paid what they asked. As it was so long ago i have no proof of payment and its my word against theirs!! Does anyone have any similar stories or advice?? I'd be so grateful. Thanks x

[maroondevo52]

Hello and Welcome,

 

When was the last time any payment was made towards this alleged debt, and who are the Debt Collection Company.

 

Regards.

 

Scott.

[lawtcrav]

From what you say it would appear that the 6 year time limit for legal action against has expired and the debt company is trying it on. You should write to the debt company pointing out the time limit and deny the debt.

At the same time send them a £1 postal order not a cheque asking them to send you a true copy of the original agreement under section 78 of the Consumer Credit Act 1974.

[Lisarw24]

The balance i think was around 550 pounds an i think i paid around 300 off it in i think november 2002. As it was so long ago i have no idea what the debt company was. I'm trying to get bank statements from the bank i was with then but i have a new bank now so its a bit difficult. The debt company who have contacted me are roxburghe on behalf of hfo capital limited.

Thanks for taking the time to look at this for me i'm really confused as to what to do!! x

[maroondevo52]

Hi,

 

This debt will be Statute Barred..................

 

IHTM28384 - Law relating to debts: statute-barred debts

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts, 6 years

* in contracts under seal, 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

You should send Roxburghe this letter, telling them this debt is Statute Barred and that should be the end of the matter.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Send it recorded.

 

Although the debt is Statute Barred, they can still try to get you to pay it but once you've told them It's Statute Barred they cannot continue to contact you about it.

[maroondevo52]

Thread moved to Debt Collectors Forum.

[Lisarw24]

Thanks for all your help i'll do it tomorro x

[Lisarw24]

Can anyone give me some advice as to what to put in the letter these people are hounding me at work and i can't stop them calling me!!

[rebel11]

Hi Lisarw24

 

Send this letter, send it recorded, look up the address of you local Trading Standards, write CC and copy it to them aswell. You want them to know you've sent a copy to Trading Standards. It's against OFT guidelines for them to ring you at work.

 

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter-

 

 

Can anyone give me some advice as to what to put in the letter these people are hounding me at work and i can't stop them calling me!!