Barclays chasing 8 year debt?

[jeb192]

I apologise in advance for the long post. There are a lot of details to this story!

 

August 2005 I open a bank account with barclays.

Its a student account.

 

 

They try to deliver my bank card one day when I'm out of the house.

Because I didn't open the door they removed my address from my bank account and said I don't live there anymore.

 

A few months later they give me a card.

 

 

In April, I pay around £1500 in rent online using said card.

 

 

I then go to the bank to pay in £300 cash and get a mini statement.

 

 

My account is a couple of grand in credit.

 

 

The machine eats my card.

 

 

I speak to a man in the bank and he said my card has been reported lost/stolen.

I say this is incorrect, its my card.

 

 

They make me call through to someone who says my card has been confiscated due to irresponsible spending.

 

 

They ask to speak to one of the cashiers.

I hear the lady say 'so its down to my discretion?'

And then she cuts my card in two.

 

I then meet with the bank manager.

 

 

He says in a few weeks they will replace my visa card with an electron.

 

 

I call a few weeks later to chase my new card.

 

 

The lady on the phone says 'they don't have to give you a new card.

They don't have to do anything,

its their account not yours'

 

I stopped using the account, put my money with natwest.

From this point I never heard from the bank again. I didn't close the account.

 

Once or twice in 2014 I've had a text from barclays saying

'we need to talk to you about your account'

 

 

I assumed phishing as there were no identifiers (whereas natwest always put the last 4 digits of acc number)

 

I then get a letter this month saying i am 99.15 over my £200 overdraft

and if i don't pay, my overdraft facility will be closed and

I will have to return my bank card when I obviously have not been issued one since 2006.

 

 

The week after they send me an ordinary bank statement as though I was a regular customer.

 

The whole thing is bizarre and I don't know how to proceed.

 

 

Do I owe them £299.15?

 

 

Shouldn't it be statute barred?

 

 

If I do have to pay it,

 

 

I will but I really don't know how to approach the situation.

[slick132]

Hi Jeb,

 

It sounds to me like any debt left on this a/c is now Statute Barred.

 

For this to apply to the a/c, you must have :-

 

1. Not paid anything toward the alleged debt in the last 6 years.

 

2. Not made written acknowledgement of the debt in the last 6 years.

 

Do you think this will apply in your case ?

 

If so, then you can send the bank a SB letter in response to their last letter.

 

[jeb192]

Thanks! Yes thats correct I have had no interaction. They have also never tried to call me and my phone number has been the same for 15 years.

[slick132]

You can send the SB letter from our Library - http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-(update-21.04.2014)

 

Keep us updated about further contact from the bank or their DCA's.

 

[jeb192]

Hello all,

Thanks for your help on this. I sent the statute barred and received a series of text messages from barclays saying they were dealing with my 'complaint' with a tracking number which didn't work. They never sent anything responding to the statute barred.

 

Then this month they have been relentlessly calling me from their various debt collection numbers and I haven't answered any of the calls (just looked up the numbers online). Now I have received the below letter. What should I do?

 

Final warning: legal action

You have not complied with the terms of the Termination Notice we sent to

you.

If you fail to pay the amount you owe within ten days

You may receive a summons from the county court and a Judgement may be registered against you.

An unsatisfied County Court judgement will remain on the Public Register for six years, Most lending institutions search the Public Register when they are considering a request for credit. To recover your debt we may request

A Charging Order against your property.

Attachment of Earnings we may apply to the courts for an order to take

funds direct from your wages.

A Debt Collector may also call on you.

Unless you pay the full amount immediately we will refer

your account to our Legal Department.

If this happens, we will register your name, address and details of the

default with one of the following Credit Reference Agencies

Experian, PO Box 40, Nottingham NG72SW

Equifax, Spectrum House, 1A North Avenue, Glasgow G81 2DR

Credit Reference Agencies supply factual information to financial

institutions to assist with lending decisions, to confirm address details and

occasionally to prevent fraud. They do not give an opinion on the financial

status of a customer.

This may seriously affect your ability to obtain a mortgage or other credit

[slick132]

Hi Jeb,

 

I would ignore this if you are happy and able to ignore their phone calls. If the debt is SB'd, there's nothing they can do about enforcing the debt now.

 

If you are not happy about the continuing calls, use the Phone Harassment letter from our Library and remind them the debt is clearly SB'd.