DCA's Coming Out of the Woodwork

[ninja51]

Hello everybody...

 

I'm a newby on here and would be interested to hear any thoughts on my story...

I'll precis it so as not to make it appear like War & Peace!

 

Back in January 2004 I emigrated to NZ leaving behind a couple of debts (like you do!)

 

For quite a while my folks were targeted with letters from creditors and later DCA's chasing payment.

(My folks address was registered as my last known UK address and I left no forwarding address in NZ).

These letters were simply returned or binned and I believe there were a couple of knocks on my folks door

seeking to speak with me. No info was divulged as to my whereabouts and I received no letters at all in New Zealand and no communication was entered into.

 

Eventually letters and callers ceased.

 

Last August (2012) I returned to the UK after over eight years away. I succesfully opened a bank account and was given a credit card which led me to believe that my credit file must have been pretty clear with no CCJs or Defaults showing.

 

Needless to say something must have flagged up because now I have received letters from both Lowell and Red (yes, I know they're the same outfit) demanding settlement of Barclaycard account which was originated back in 1982.

 

I can see from my credit file that Lowells did an un-recorded search in October last year (just after I opened the new bank account) and have finally discovered my present UK address - hence the letters.

 

Funny thing is, Lowells statement says "Opening Balance on 1st October 2008: £XXXX." I'm prepared to communicate with them using the letter templates, but I'm seeking advice as to whether to request the original signed agreement (which will be dated 1982) or whether to claim that this debt is statute barred?

 

And what has this magical date of 2008 got to do with anything? I was happily living in NZ at that time!

 

Any thoughts greatfully received.

[spamheed]

assuming this is straightforward consumer debt and not a CCJ or secured debt

 

if no payment was made, nor any acknowledgement made (in writing) then the debt is indeed statute barred and you should notify them that this is the case

[Desperate Daniella]

Hi ninja51, and welcome to CAG!

 

If you have made no payments whatsoever on the account since 2004 it is definitely statute barred and Lowells are trying it on.

 

The date of 1st October 2008 may refer to the date Lowells took over the debt from Barclaycard.

 

You can either ignore all their letters confident in the knowledge that there is absolutely nothing they can do to obtain money from you, or write and tell them you are aware the alleged debt is statute barred and they must go away. I would do the latter and put a swift end to it.

 

DD

[ninja51]

Cheers Spamheed...

 

I should have said, yes it was a straightforward unsecured credit card card default.

As I say, my credit file now shows no records of defaults or CCJs... perhaps there were some records back within the six year time frame.

I dunno... I didn't look!

 

[ninja51]

Thanks DD.

 

So what would have flagged up to make them do a search of my credit file in the first place?

[DonkeyB]

You KNOW these are all SB. Tell them to do one.

[Desperate Daniella]

These days so many of the banks share information your new account application may have flagged up your name on some database. There are now so many 'banks' like Sainsbury's etc., it's sometimes not instantly obvious that they are part of a much bigger banking group.

[ninja51]

Here's an update on the above story... please can anyone tell me if this is pretty standard practice.

 

I posted a recorded delivery letter to Red DCA that stipulated that the debt discussed in the above posts is SB (using the templates from this site).

I have not heard back from Red yet.

 

However, it seems odd to me that 1st Credit have now jumped on the bandwagon and I have received a "sniffing" letter saying that my address has been supplied

as a possible address "for their subject" and could I contact them to confirm whether or not I am who they are looking for.

 

Then it goes on to say that if no response is received to their letter, they will continue to hold my address and may issue further letters.

 

So... any advice as to what's my best plan for this ?

 

Cheers all.

[Bazooka Boo]

Dear oh dear...lowlifes up to their usual dirty tricks!

 

Ignore the letter for the time being, but you really do need to make a formal complaint to the OFT&TS regarding Lowlifes, in that they were informed of the state of the debt, and chose to pass it on instead.

 

Keep a diary of events regarding the future harassment..