10+ Year Old barclaycard Debt

[MrNobody]

Hi

 

Just over 10 years ago I had a debt with Barclays and a debt with Barclaycard - total sum between them £2300ish.

 

Around the back end of 2003 I had a discussion with a woman (she was no lady) at a debt collection company

who was to say the least, unfriendly - I did not acknowledge the debt - most of the debts were 'charges' at the old extreme rates.

 

Since then, I have not spoken to, or written to any of the numerous collection agencies that have tried to contact me

- I would say over the last 10 years i've had phone messages every other day and letters monthly

- I don't answer my landline for many reasons

- these people and the millions of marketing calls.

 

I would also say these companies have spent more money in contacting me than they say that I owe.

One of the agencies tried to get an attachment of earnings, but the court threw it out.

 

Since that throwing out of the attachment of earnings, in 2004,

these agencies have threatened on numerous occasions to take me to court,

send a debt collector around

(which is why I am here - a strange looking guy has been knocking on my door the last few days

and not leaving anything when he gets no answer - i'm not answering to him)

and demanding payment in letters.

 

The phonecalls just ask for me to call them quoting reference xxxxxxxx.

 

After all this time, why are they not taking me to court if they feel they can get a result of some sort?

 

Surely over the past few years they'd have pushed a bit harder than telephone calls saying the same thing and letters saying the same thing

- often "we have acquired evidence that you are living at this address".

 

It would take a long time and alot of effort, but ideally i'd like to challenge all of the bank charges

and credit card charges but i'd imagine that would just be in their eyes an acknowledgement?

 

Can anyone shed a light as to where I maybe legally and what I should do next?

 

Thanks

[renegadeimp]

The debt sounds like its well statute barred, but until you send them the statute barred letter, they are legally entitled to chase you for it.

 

They probably know its statute barred, and hope you dont. As if they issue a claim and you know its statute barred, then you can use that as your full defence.

 

Regarding the silly doorstep collector, read the doorstep collector thread, print out a copy of that letter, hand it to him and slam the door in his face.

[Conniff]

Be certain there is no a ccj attached to this loan, check your cra file.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred

 

Mr Nobody, send the letter above.. If no payment or acknowledgment of the debt has been made in 6 years (5 in Scotland) then it is statute barred. They will not be able to obtain a Judgment for this debt as it is now protected by the statute of limitation. The debt has not disappeared, but they simply will not be able to collect.

 

If they continue to harass for payment after they have received the letter above, you should make a complaint to both the OFT and FOS.

 

So send the letter recorded delivery so you are aware that they have received it.

[citizenB]

Be certain there is no a ccj attached to this loan, check your cra file.

 

Didn't think of that.. yes, check trustonline to ensure they have not already obtained a Judgment without your knowledge.

 

http://www.trustonline.org.uk/

 

I think it costs about £4.00 to check.

[MrNobody]

The debt sounds like its well statute barred, but until you send them the statute barred letter, they are legally entitled to chase you for it.

 

They probably know its statute barred, and hope you dont. As if they issue a claim and you know its statute barred, then you can use that as your full defence.

 

Regarding the silly doorstep collector, read the doorstep collector thread, print out a copy of that letter, hand it to him and slam the door in his face.

 

Thanks. It probably is staute barred, I just don't want to send the letter and find out somehow it's not and start them hassling me more.

 

Can you please link me the doorstep collector thread? I've searched but it doesn't give me the right thread?

 

Be certain there is no a ccj attached to this loan, check your cra file.

 

I will check using citizenB's link. Thanks.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred

 

Mr Nobody, send the letter above.. If no payment or acknowledgment of the debt has been made in 6 years (5 in Scotland) then it is statute barred. They will not be able to obtain a Judgment for this debt as it is now protected by the statute of limitation. The debt has not disappeared, but they simply will not be able to collect.

 

If they continue to harass for payment after they have received the letter above, you should make a complaint to both the OFT and FOS.

 

So send the letter recorded delivery so you are aware that they have received it.

 

As above - I am concerned that if I contact them they will just hassle me more - I am pretty certain i've not spoke to them in any way though - i'm not worried about letters/phone message, let them waste their money.

 

With regards to the link - is this a one off payment and they won't charge me again? Who can see that i've checked my file? Can the debt agencies know i've looked at mine or is it just me that knows?

 

Thanks for your help.

[renegadeimp]

If they hassle youa fter they get the SB letter, you have grounds for a formal complaint.

 

If there is no CCJ, and you havent paid, nor acknowledged the debt for 6+ years ( 5 in scotland), then the debt is SB or wiped in scotland.

[MrNobody]

If they hassle youa fter they get the SB letter, you have grounds for a formal complaint.

 

If there is no CCJ, and you havent paid, nor acknowledged the debt for 6+ years ( 5 in scotland), then the debt is SB or wiped in scotland.

 

I'll do this search first and then decide what to do.

 

On the trust online website, do I just tick England and Wales Orders & Judgments?

[renegadeimp]

yep

 

Should cost around 4 quid if you check 1 address.

[MrNobody]

Detailed Report for : xxxxxxxxxxxxxxxx Your Ref : xxxxxxxxx

England and Wales Orders & Judgments

NOTHING REGISTERED

 

Is 'Your Ref' a reference from TrustOnline or something else?

[citizenB]

Sorry, I don't understand post # 10 ?

 

The link below will take you to the Doorstep Harassment letter

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit

[MrNobody]

Sorry, I don't understand post # 10 ?

 

The link below will take you to the Doorstep Harassment letter

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387366-Harassment-amp-Threat-of-Doorstep-Visit

 

That's the result from trustonline after paying my £4. The xxxx's are my name, address and a reference number they gave me.

 

It says I have nothing registered against my name in way of CCJ's/court orders etc.

 

Thanks for the link.

[citizenB]

Ah righto.. phew.. I thought that was a claim number..

[MrNobody]

No, just a reference number

 

I'm guessing this website is trustworthy as their is a 'sticky' about them and I can safely say the £4 spent has given me an accurate result?

 

Does this also mean the debt chasers haven't registered the debts or they are no longer on the list as they are statute barred?

[citizenB]

Once the debt has gone past its 6th birthday after the default date, then recording is stopped. So the Debt purchasers might be in trouble if they were to start recording again.

 

Trust online is indeed a trustworthy site. It is where ALL CCJs are recorded. It is a little pricey for £4.00 but for peace of mind and accuracy, I think worth it.

[MrNobody]

£4 is fine if it's accurate and you point out that it is, so that's fine with me.

 

I can be a bit more confident about it all now although I will still try and avoid this suspected door collector, but if I do bump into him on my way in/out, I can chuck statute barred at him.

 

Thanks for all the help.

[dx100uk]

no don't entertain him at all

 

he is NOT a bailiff

and has NO SUCH LEGAL POWERS

 

i'd send the SB letter to whomever is after you.

 

its for THEM to PROVE its NOT SB'd

 

not for YOU to prove it IS.

 

dx

[MrNobody]

no don't entertain him at all

 

he is NOT a bailiff

and has NO SUCH LEGAL POWERS

 

i'd send the SB letter to whomever is after you.

 

its for THEM to PROVE its NOT SB'd

 

not for YOU to prove it IS.

 

dx

 

I will sort the SB letter out and send it off, especially now I am more confident thanks to the advice given here.

 

Thanks.