Old DCA's/Banks Requesting Payment of debts over 6 years old

[Worsteve]

Good morning Caggers

 

It has been some time since I last wrote and to that end I could do with a little update please?

 

I had several loans to which I had defaulted some 6.5 to 7 years ago now. Now, out of the blue, I have DCA's and banks requesting payments on them. They have completely vanished from my credit reports.

 

What is the correct course of action to deal with them please?

 

Many Thanks for your help in advance!

[obiter dictum]

If you are sure they are over 6 years old then send them the statute barred template

[dx100uk]

If you are sure they are SB,d

Then let them issue a claim form

 

Pers I wouldn't be entering into any letter tennis.

 

How many have suddenly started chasing?

 

Have you just updated your cra file or moved or something??

 

List the debts and whos chasing now and type

 

Dx

[Worsteve]

Morning Caggers

 

I have my personal bank (Barclays) after a loan that I defaulted in April 2009 and an EGG card I defaulted in Jan 2009, trying to get at my money. I have just ordered a fresh credit Report and all of my old loans don't appear on it anymore. I had to access an old credit report to see when I defaulted last!

 

As a point of note, communications were made to Barclays within the last 6 years challenging them the validity of their credit agreement. Does this affect my status of the 6 year rule? Barclayloan opened 1999, EGG card opened 2001. I haven't started any new credit, changed address or anything else that I can think of that may have ticked them off to my existence once again!

 

Some points:

 

1: Should I change my bank account away from Barclays, as they stipulate they will use funds in my personal accounts to pay off the deficit?

2: Should I issue both of these lenders (I can remember these 2 loans passing to several DCA's before they went all quiet), with a statute Barred template?

 

Many Thanks! You are all heros here!

Edited September 24, 2015 by Worsteve
Addition of furhter information

[Worsteve]

Errrrr, It is probably because I am very tired and it is 7am, however can somebody point me to the templates please?

 

Cheers!

[Stigman]

can somebody point me to the templates please?

 

Top Toolbar named "Library" in Green

 

Stigman

Edited September 24, 2015 by Stigman
Added a link

[obiter dictum]

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?403-CAG-Library

[unclebulgaria67]

Re Barclays offsetting current account to pay off a debt, i would have thought unlikely on a statute barred debt. Would have though it would have to be a recent ongoing debt.

[citizenB]

Statute Barred letter in link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred-**Update-21st-April-2014**

[Worsteve]

Many thanks everyone. I have read the statement in the letter as follows;

 

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

 

I assume the limitation period is the 6 years? The next thing is, once the loan went to default, I challenged Barclays on their loan agreement. They then sold the loan to various DCA's and all of those went quiet for about 2 years recently. The question I have is, because of challenging the loan.......does the communications I had fall within the statement as set out above?

 

Thanks again

[citizenB]

Many thanks everyone. I have read the statement in the letter as follows;

 

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

 

I assume the limitation period is the 6 years? The next thing is, once the loan went to default, I challenged Barclays on their loan agreement. They then sold the loan to various DCA's and all of those went quiet for about 2 years recently. The question I have is, because of challenging the loan.......does the communications I had fall within the statement as set out above?

 

Thanks again

 

No, just because the lender writes or telephones you, this does not reset the statute barred timing. Only if you, personally, put in writing that you acknowledge the debt or if you have made a payment will that happen.

[Worsteve]

No, just because the lender writes or telephones you, this does not reset the statute barred timing. Only if you, personally, put in writing that you acknowledge the debt or if you have made a payment will that happen.

 

Then they are definitely statute barred! I just stopped paying them and challenged them to show me a valid credit agreement. They could not find one, only a document that laid out the rules of the loan in 1999. They will get the letter now then.

 

Brilliant! Thanks for your help. I will keep the thread open to keep you informed of my progress. In the meantime, a donation will be on its way!

[dx100uk]

pers I'd sit on your hands but that my view

 

 

dx

[Worsteve]

Afternoon dx!

 

I was sent a letter demanding payment by 10th October or they would look to my personal accounts for compensation. In the past I have ignored all correspondence. The Statute Barred letter is good reading, however you must have good reason to ignore them? I am happy to listen to all on here and choose my own course of action

[theoldrouge]

just to be on the safe side, I would be opening a further current ac elsewhere and empty the Barclays ac

 

much harder to get your funds back once taken

 

then send the letter if necessary

[Worsteve]

Seems to me that there is a strong feeling to just ignore the letter. I do fancy changing banks however. No reason I can't keep the Barclays account open however..........

[dx100uk]

but don't give them any income

they dipped their fingers too often already

[Worsteve]

Gotcha, I currently pay a monthly fee for my Barclays account. I do use their facilities on it, however, I think I can get the same phone insurance and car breakdown cover for less outside of their account.

 

Thanks for your help