An untimely conundrum

[eskimoman]

Hi there. I'll keep the story short:-

 

Back in 2003 I'd had some very bad dealings with Barclays Bank, i'd gone overdrawn and they were pushing very high bank charges and making things worse and worse.

 

Eventually my Mother helped me to payback a lot of the debt however there was about £100 pounds that never got paid and at the time i let it hang thinking of all the charges they'd made against me.

 

I moved on and they never chased me up... till recently.

 

I now find I am being billed by a debt recovery service (Global Debt Recovery LTD) for the ridiculous amount of nearly £1500.00!

 

I have not as yet replied to these letters but they seem to be pushing hard though they have not as yet sent a notice for court procedure. But have said they will procede further if payment is not forthcoming.

 

Admittedly I should not have left a £100 debt go on for so long but now I am worried sick as to what I should do about this.

 

It dates back so far that I have heard somewhere that their claim on the monies may not be valid anyway.

 

Could someone please advise me on this and as to what I should do.

I would be very grateful for any help regarding this, thank you.

[ims21]

Hi

 

If you haven't made a payment on the account or acknowledged it in writing for a clear period of 6 years (5 in Scotland) then it is Statutory Barred.

 

ims

[dx100uk]

you prob owe nowt

DCA's have no legal powers anyhow!!

 

 

check your CRA file

 

dx

[eskimoman]

Hi

 

If you haven't made a payment on the account or acknowledged it in writing for a clear period of 6 years (5 in Scotland) then it is Statutory Barred.

 

ims

 

Thank you. Yes this is what I had heard too.

 

Though I'm not sure as to how to put this across to them.

 

Should I let them proceed to take me to court? Or just ignore them completely?

[ims21]

Check the CRA file as dx says

 

If it doesn't feature you can just send them the SB letter which can be found in the CAG library, the link to which is at the top of every CAG page in green

 

ims

[eskimoman]

you prob owe nowt

DCA's have no legal powers anyhow!!

 

check your CRA file

 

dx

 

Not sure what a CRA is.

 

By them having no legal powers does this mean I won't have any problems with bailiffs? (this is a real worry to me)

And do they (the bank) have to push it to court before any bailiffs can get involved?

 

Thank you for responding so quickly.

[ims21]

CRA file is Credit Reference Agency

 

There's a link to the free Noddle site in dx's signature.

 

For Bailiffs to get involved you would have to be taken to court first and for them to win which is not going to happen on an SB debt

 

ims

[eskimoman]

Thank you both so much for your advice Dx and ims.

 

I found the link to the noddle CRA. Seems. I have to sign up for it though to get the info i need.

 

If you could im me the SB letter link I would be grateful as I've not found that yet. Much appreciated.

[ims21]

Here

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

ims

[eskimoman]

That's great, thank you both for all your help, that has put my my mind at ease.

[dx100uk]

Thank you. Yes this is what I had heard too.

 

Though I'm not sure as to how to put this across to them.

 

Should I let them proceed to take me to court? Or just ignore them completely?

 

dca's rarely do that

dont foget they have no legal powers

 

they are NOT bailiffs and never will be

 

you or could be a dca tomorrow

 

they just sent threat-o-grams thats it!

 

dx

[dx100uk]

Thank you both so much for your advice Dx and ims.

 

I found the link to the noddle CRA. Seems. I have to sign up for it though to get the info i need.

 

.

 

well yes else anyone could look at your info

 

if you have a card of anytype its instantaneous almost

 

dx

[silverfox1961]

Just a point about Noddle. I am a member and although they are the smallest of the CRAs, the information is laid out in an orderly way. Much easier to read than the others.

It doesn't matter if you are worried about signing up. If a DCA wanted to find you, they would have done so long before this bunch

[Hotlips85]

I would just tell them the person they are looking for don't live there any more, stuff them ! Had to do that before for my husband as he had a £2000 debt chasing him from his ex wife's credit card, I told them they had the wrong address and to basically go away and they did ! Naughty I know but stuff them they can't do a lot.

[eskimoman]

I would just tell them the person they are looking for don't live there any more, stuff them ! Had to do that before for my husband as he had a £2000 debt chasing him from his ex wife's credit card, I told them they had the wrong address and to basically go away and they did ! Naughty I know but stuff them they can't do a lot.

 

I think you got lucky there.

These people usually want to see proof in such instances. I know this because another dca was chasing a previous tenant at this address and it got nasty with bailiff notices and the like.

When telling them they no longer lived here they said they would need proof of that.

 

I think (though not entirely sure) that in such instances proof does not necessarily have to be given from a third party to verify such information involving someone else's case.

Anybody know anything about that?

Just curious, as it did put me on the spot at the time. (a little off topic but nevertheless interesting).

[Hotlips85]

Hope you get it sorted , don't worry okay.

 

Like the poster above said, after 6 years a debt is statue barred so legally they don't have a leg to stand on, DCA buy these debts from companies and they know they have 6 years to collect it or they lose money which is why they are trying to get money from you, I seriously wouldn't bother with it

 

I prob did get lucky lol but I have had issues with DCA in the past and they have NEVER took me to court or sent bailiffs, they rarely do. I set up payment plans with them at like £10 a month . They say all this in letters to frighten people and get them to pay up.

 

Edited April 25, 2012 by Hotlips85

[Hotlips85]

Type up a good letter informing then that you have seeked legal advice and that you have found that they legally have no right to harrass you for money for this debt as it is now statue barred and if you continue to receive these letters /calls then you will start legal action against them - that should do the trick

[Old Cogger]

Could tell them to look at the electorial roll if you are registered at that address, they look not you?

[eskimoman]

Type up a good letter informing then that you have seeked legal advice and that you have found that they legally have no right to harrass you for money for this debt as it is now statue barred and if you continue to receive these letters /calls then you will start legal action against them - that should do the trick

 

Thanks for your help. Very much appreciated.

 

I'm still very reticent at getting involved at this stage though to be honest. Thinking maybe wait to see if it just dies down y'know.

 

If they take things too far and hassle me at home ie a visit then yes, the information given here is extremely helpful.

Thank you for putting my mind at ease.

[eskimoman]

Just some additional info for peeps in similar circumstances:-

 

The letter I'd received had a place where to fill in 'Credit Card/Bank Details' and suggesting to fill in an amount that 'I would set myself to pay weekly/fortnightly'.

 

Given the advice on this thread this would seem to agree with what's been said and that they are just chancing there arm at trying to get payments made when they seemingly have no legal entitlement to the monies.

 

Hope this helps anyone in a similar situation.

Again many thanks to the members here for all the helpful advice.

[Hotlips85]

Just don't worry , there is nothing they can actually do, they don't have a leg to stand on and they are making a last ditch attempt to get some money from you l.Forget about if you can cause they are not worth worrying about at all. I hate DCA , they literally have no powers just big words, my nan got one one day because of BT passing it on to them, she was in a right state, crying etc because the letter threatened court action, it's all bull**** and I hate what they do, they are just like loan sharks. Take care x