Debt Management LTD/Barclays bank

[manther]

Hi,

 

Could anyone please please help me with this.......... i have recently recieved a letter from Debt Management Ltd in Edinburgh.

 

They are chasing me for a debt dating back to 1996, its for £160.

 

Although i cannot remember this debt, i know i did bank with barclays when i was 18 so i am not going to lie and say this has nothing to do with me.

 

I phoned them to ask what it was for as this is the first contact i have had from them, they explained and i told them that i couldn't remember the debt.

 

The letter that they sent was threatening court action, i asked if i could pay the debt in weekly instalments they refused, but said i could pay half this month and half next month, the first £80 was supposed to be paid on tues but i haven't paid it as i have had a few people telling me that they cannot chase me as the debt is more than 6 years old.

 

Could someone please explain the law on old debts before i make contact with them again.

 

Also has anyone had any dealings with them before if so with what results.

 

I really would appreciate some help on this as i am losing sleep:(

 

thanking anyone in advance for taking the time to both read this problem and any advice they may have.

 

look forward to hearing your replys guys

 

manther x

[LondonPam]

Ok, I'll have a go lol

 

If you are contacted about a debt where there has been NO contact for 6 years then the debt is statute bared, in otherwords you do not have to pay them. There are a few exceptions, one being if a CCJ was obtained for the debt. When I say "contact" it actually means acknowledged, which you haven't. There is a template, on the other site that I use, that tells them that you believe the debt is barred and to stop hassling you. I've pasted the template here, hope that was ok...

 

 

A copy of the letter to use if you believe the 'debt' is barred under the Limitations Act

 

Name of Creditor

Address of Creditor

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Re: Account No/Reference No:

 

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I 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.”.

 

The last correspondence/payment/acknowledgement 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 in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

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

 

I look forward to your reply.

 

Yours faithfully

 

(Your signature)

[manther]

Thanks for that pam, i will try it and see what happens.

 

Its not that i am not willing to pay the debt, but as far as i am concerned it was a little over 10 years ago, i have had only 2 permanent addresses, i have been on the electrol register for the whole time, so it's not like i've been hiding from them. It looks like they are just trying their luck.

 

Thanks again and i will let u know the outcome:)

 

manther x

[manther]

Me again Pam, a few other things i have just noticed with this letter:

 

1- It is addressed to me in my old name, my name changed in 1998.

 

2 - The return address is a PO box number

 

3 - There is no signature at the bottom of the letter.

 

If they dispute this, what would be my next course of action please

 

manther x

[sequenci]

provided the debt has not been acknowledged in writing and you have not made a payment against it for 6 years it would certainly be statute barred. TO be honest it would be entirely up to you if you paid it off or not.

 

a little bit more info here >>

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

[manther]

Hi,

 

Thanks for that i am now checking out the link.

 

Much appreciated

 

Manther x

[LondonPam]

Flipin heck they are trying it on! I would send the letter off and see what happens. I doubt very much indeed that they will dispute it. If they do let us know here and I'll check out the next stage.

[manther]

Thanks for that Pam, its REALLY appreciated.

 

I must say this is the first time i have seen and used the website, and it has been a good experience so far.......very helpful thank you:-)

[itsafunthing]

I have an in interest in this thread.

 

Last week i received a letter from these asking to confirm my address. After trawling the internet i found this site and binned the letter.

 

This morning i recieved a letter stating that they have purchased the debt from B/Card on December 14th 2007. I haven lived at this address for over 10yrs.

 

How does the Limitations act operate with B/Card selling the Debt, this is of cause if they actually have.

 

I plan to send the barred template letter within this thread, but does the fact that it has been sold effect the Limitations act.

 

Thanks in advance.

[kac1310]

Hi,

 

I have just received letters from these people chasing me for a debt which is 10 years old. They sent this letter to my old address and the last one being that they were sending round walking collectors!

 

I have been sent the same thing from another company called Thames Credit when I moved three years ago and speaking to a lawyer I told them about the Limitation Act.

 

I called these people and asked about this and told them that it had been resolved with this other company and told them about the limitation act and the bloke told me that under another one I was still liable to pay. I haven't given them my correct address as I am concerned by this company and that a previous one has chased this before.

 

Where do I stand on this?

 

All advice greatfully received!