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being chased for old debt with Barclays bank


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Hi all. I have two problems to ask if anyone can offer advice please i would be greatful.

 

I had an account with barclays bank some years ago, in fact it was in about 1999/2000, i used the account for my salary to go into etc,

 

when i lost my job i closed the account with barclays, they sent me a final statement asking for charges for an unpaid d/d,

i wrote to them complaining as i had cancelled the d/d and no charge should have been made, i heard no more from them.

 

I moved house in 2002, and then again to my present house in 2009,

 

i have now had 2 letters from a debt collection agency stating they have found me through public records and are demanding an amount owing to barclays bank for the sum of £236.76.

 

I have had no account with barclays for years,

 

this agency also states that they will pay £82.87 (really?) of this debt leaving me with £153.89 and offer me ways to pay it.

 

I certainly dont owe this bank this money, and never did owe that amount even if the d/d charge was forced on me.

 

What can i do?

 

my 2nd problem is really my son's but here goes,

 

he had a letter out of the blue a few weeks ago, and has had phone calls to home ( i dont know how they got an x directory number)

stating that he owed £400 for a mobile phone account, which was taken out in a london store in 2007,

 

he asked for proof of this as he knows he didnt do this, he has never bought a phone in a london store,

as yet no paperwork has been sent to show the signature they say they have and we are being pestered with calls and letters.

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Problem 1) Sounds like it's statute Barred

 

Problem2) Send letter stating a)no knowledge of account b) telephone calls not welcome, considered to be harassment and as such will be reported to police and claim for compensation for distress caused will be considered. Protection From Harassment Act 1997

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Hi. First action for problems 1 & 2 is check credit reference

files for both alleged debts.

For prob 1 your are looking to see if there is an entry by

the bank or the DCA, if not it is a good indicator that the

debt may be statute barred under the Limitations act 1980.

For any debt to be statute barred there must be 6 CLEAR

years when no payment or acknowledgment in writing

has beenn made.

The Office of Fair Trading Guidance 2003/2011 states :

 

''It is unfair to press for payment of a statute barred debt once

the DEBTOR has informed the creditor IN WRITING that the debt is

statute barred and they will not be paying''.

This procedure must be followed otherwise the creditor/DCA is

still able to press for payment but cannot enforce judgement in

court.

Problem 2. Is a different m the CAG Library.

matter as the phone agreement is

a service contract not CCA 1974 regulated credit agreement.

The phone calls can be stopped by sending the telephone

harassment letter from the CAG library.

Also send the ''prove it'' letter to the DCA dealing with

the phone account.

Lastly never, never speak to the DCAs , refuse to answer

security questions and hang up.

All correpondence from you should start ''I do not acknowledge

any debt to you or any company you may claim to prepresent.

.Grt proof of posting.

Brig

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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