BCW chasing 11yrs barclays account 'just' defaulted? **WON+COMPO**

[Peterbard]

Statute bared or not , they still have to substantiate the alleged debt of course, which may prove difficult in any case, more than one way to skin a cat

Edited January 22, 2014 by Dodgeball

[dx100uk]

now this could be fun...

 

might blow the whole theory, that its not statute barred till they call in the overdraft right out the water ...

 

dx

[stu007]

Hi

 

Could you please clarify how you closed you account in 2003, Phone, Internet Banking, Email or in Writing?

 

Did you get confirmation from the Bank that your account would be closed on XXXX date?

[Newbie21]

@ Joeomahoney

 

Reading your thread, made me think this may be a case of ID theft

 

I moved house in 2003 and did not receive any communication from the bank in the 12 months I had letters redirected.

It seems once postal redirection stopped, an occupant in your old house received your renewal card/statements and began using it or assumed your ID using postal info still going to address since 2004

 

 

 

they said they did not send me a letter until July 2013 when the overdraft limit (£1800) was reached

This is a clue the account was active until the limit of £1800 was reached and as Barclays got no replies on their repayment requests, they sent a default notice

 

With no response they sold the 'debt' to a debt collector

 

As forum members, we know that debt collectors used their tracing powers and 'found' you at your new address to ask for payment AND we also know they didn’t buy the outstanding balance for a price tag of £1800 but that’s what they want you to pay them!

 

Pah!

 

If my scenario is correct, proving it was not you should be easy as you have proof you're no longer at that address even though post from Barclays was still being delivered there

 

However, problems may arise because

 

I have not used the account for 11 years, nor have I contacted Barclays

a) Not informing Barclays that you had moved, you may be in breach of your Barclays Customer Agreement

 

See page 2 Section 2.1 Contacting Each Other (Yes you believed account closed, Barclays says otherwise)

 

and

 

b) the outstanding balance is in your name

 

Additional proving of ID theft can be when you look at the statements, that they send you following your request, where you can show it's not your usual shopping habits, places, timing etc etc

 

Then again, I could be wrong!

 

I am not a debt advisor, don't work for Barclays just giving my take on your question and another angle to look at your situation

[caro]

I guess if the account wasn't in use and apparently had a zero balance it would be very easy up overlook informing Barclays, or may not have been thought worth bothering.

[slick132]

Hi Joe,

 

I think the DCA are just hoping to get lucky on this. Don't speak to them or the bank at all.

 

I think the balance is probably just accumulated interest and/or default charges and has now hit the o/d limit.

 

If you've paid nothing into this a/c in the last 11 years and have not acknowledged any alleged debt to the bank, I reckon the a/c has to be Statute Barred.

 

I would send BCW the SB letter from the Library.

 

[Peterbard]

Hi,

 

I just spoke to Barclays and

 

they said that as they had only just closed the account (and defaulted the debt) it is not statute barred

i.e. that the date is not from when the overdraft was last used

but when they decided to close the account.

 

They also said that they did not write to me about this until July 2013

- i.e. as I had an 1800 overdraft 'it is up to you how you use it'.

 

Any advice greatly appreciated.

 

Best wishes

 

Joe

 

My emphasis

[Peterbard]

There is nothing wrong with claiming this is statute bared of course, but getting information with a SAR does no harm and may clarify the situation, it certainly would not effect any cause of action issue either way.

[Newbie21]

@ Joeomahoney

 

Any update?

[joeomahoney]

Hello, sorry - only just picked this up.

 

To be honest, I don't remember as it was over 10 years ago now.

 

I know I'm generally very good with my debts and despite having had perhaps

20 credit cards,

5 loans and

5 credit cards,

 

have never missed a payment and never failed to pay a debt off.

 

To be honest, it COULD have been the one that I missed, but I doubt it.....

[joeomahoney]

Thank you for this. The DCA has written to me for a third time saying, among other things, that:

 

"if you fail to respond within 7 days from this letter, a report of your circumstances will be provided and further recovery action recommended. This may involve an instruction to a debt investigation officer to conduct a home visit"

 

Shall I continue to ignore them?

[joeomahoney]

Apologies, for some reason I have not been getting notified of this thread.

 

No update really. I submitted an SAR a couple of weeks ago, but otherwise have not contacted the DCA or Barclays. The DCA wrote me a third letter threatening a visit.......

[joeomahoney]

Hi @slick132,

 

Regarding whether to contact the DCA & bank,

 

I am unsure what is the best course of action:

@unclebulgaria,

@citizenb and

@dodgeball

 

suggest sending them a letter explaining the dispute and asking to put the account on hold.

However, you and one other suggest not contacting them at all.

 

I am concerned that if I don't contact anyone that:

 

a. the default notice will not be removed from my credit history

b. I might get a visit from the baliffs!

 

Would you still advise no contact?

 

Thank you,

 

Joe

[dx100uk]

where did you get that rubbish from....

 

bailiffs ONLY even become involved

 

AFTER they've got you in COURT

AFTER they successfully get a CCJ against you

AFTER you fail to pay that CCJ.

 

if you are 'thinking' that any of threats these DCA's send you

are anything to do with THEM being bailiffs ....that's WRONG.

 

DCA's or ANY doorstepper they might threaten ARE NOT BAILIFFS!!

they have NO SUCH LEGAL POWERS and NEVER CAN HAVE.

 

as for the default...

 

once a debt has a default date in its SUMMARY

then that default and THE WHOLE DEBT ENTRY

will VANISH on the defaults 6th birthday

regardless to if you pay anything or NOT.

 

NEVER to return.

 

dx

[joeomahoney]

OK, I didn't know that. Thank you.

[joeomahoney]

 

NEVER to return.

 

dx

 

Um, okay - sorry!

[caro]

Um, okay - sorry!

 

That's the debt never to return if it's statute barred, not you!

[joeomahoney]

Ha! Sorry again

[joeomahoney]

Quick update: Just been sent my SAR files: Barclaycard & ISA files but nothing about the bank account they claim I owe £2k on!

 

I will write & ask again!

 

Best wishes

 

Joe

[renegadeimp]

Dont send another SAR. Just send a letter that states they havent fully complied with your request.

[joeomahoney]

Thank you!

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387318-Failed-SAR-Partial-Compliance-40-Days-Have-Expired

[joeomahoney]

Blimey - they've thought of everything!

 

Thanks!

 

Joe

[joeomahoney]

Hello again!

 

Well, I finally received a response to my SAR from Barclays. From what I can see:

 

1. in Oct. 2002, the account had a zero balance. I assumed I had closed the account and received no correspondence from them.

 

2. In June 2003, an annual direct debit (around £100) from my Professional institute (the CIPD) came out and I went overdrawn. This DD was cancelled (by the bank in 2011).

 

3. In September 2004, I moved house, and the bank marked me as "gone away". I set up a post forwarding service for 6 months. By their own admission (on the phone) they did not attempt to contact me by post from this date onwards.

 

4. The DD continued to be taken out each year, and the bank began to charge me interest. Initially, the was £2/month but increased exponentially as the debt increased, so that by 2013, the was £23 / month.

 

5. Other than the DD, which I did not know about, I had no contact with the bank until I found out they were chasing me for the debt.

 

Can anyone give me advice on next steps please?

 

Thank you,

 

Joe

[silverfox1961]

1. in Oct. 2002, the account had a zero balance. I assumed I had closed the account and received no correspondence from them.

 

That is a problem. Did you close the account or just not use it?

2. In June 2003, an annual direct debit (around £100) from my Professional institute (the CIPD) came out and I went overdrawn. This DD was cancelled (by the bank in 2011).

Was this something you had forgotten about or had you made alternative arrangements with CIPD. Did you give them the new account details? Did they take the DD from the wrong account?

 

3. In September 2004, I moved house, and the bank marked me as "gone away". I set up a post forwarding service for 6 months. By their own admission (on the phone) they did not attempt to contact me by post from this date onwards.

 

The big question. Why did the bank not contact you once the account went overdrawn?

 

4. The DD continued to be taken out each year, and the bank began to charge me interest. Initially, the was £2/month but increased exponentially as the debt increased, so that by 2013, the was £23 / month.

 

So, for 11 years the DD was taken and the bank failed to contact you sooner. BCOBS comes to mind here.

 

5. Other than the DD, which I did not know about, I had no contact with the bank until I found out they were chasing me for the debt.

 

I suggest you read up on BCOBS as the bank has to treat you fairly and if there was another option than just paying the DD and charging you for the privilege then they should have done that. By them not attempting to contact you, they have failed in their duty of care.

 

http://fshandbook.info/FS/html/handbook/BCOBS

 

(sorry-it is a long a arid read)