Barclays Bank Overdraft

[Ash!]

Hi there

 

I would really appreciate your help on your input on below matter.

 

When I was in University I opened an account with Barclays Bank in 2003 and 2004.

 

I had overdraft of £1250 which I could not pay.

 

Barclays demanded money few times until 2008 - 2011 through DCA.

 

I never received letter that my account was defaulted.

 

My credit reports obtained in 2011,2014 and 2015 never show that my account with Barclays was defaulted.

 

A month ago Lowell Group sent me letter and demanded money I owed to Barclays.

 

I sent an email to Lowell with a standard letter I got from National Debt line Website

saying that under Limitation Act 1980 Section 5 account is statute barred.

 

Lowell asked sent me my date of birth for security reasons. I sent my DOB.

 

Today they replied that "this account was defaulted on the 5th January 2011

and as such, this account is not statute barred.

 

My question how it is possible when my credit report does not show default and it is defaulted since January 2011

and I have not received a default notice.

 

I have not paid a single penny since 2008 to Barclays to the best of my knowledge.

 

Could you please guide me how do I go about this as Lowell has given me 14 days to make arrangement to settle this account.

 

My Thanks in advance.

 

 

 

[AndyOrch]

Its statute barred Ash...surely you don't expect low.hell to agree with you

 

Are they acting for BC or have they bought the debt?

 

Regards

 

Andy

[dx100uk]

its SB'd

let lowells do their silly willy waving

you should have ignored them.

a DCA is NOT A BAILIFF

and has

NO SUCH LEGAL POWERS..

 

 

if they are stupid enough to issue a claimform

 

 

the sb defence will kill it dead

 

 

dx

[Ash!]

Lowell already Stung me when I owed O2 £93 and after demanding 2 to 3 times they defaulted my account in 2010 even I paid in full later. I did not get default notice and did not know about that until I checked my Experian file.

 

 

In current Barclays Overdraft case, how can they claim account was defaulted in 5th January 2011 where as my files obtained in three different occasions does not reflect this ?.

[dx100uk]

no the oc would have defaulted the account upon sale not a debt buyer.

 

 

dx

[slick132]

Hi Ash,

 

I would write to Lowells saying the debt is Statute Barred, regardless of the default date they refer to.

 

Accordingly, you will not contact them further.

 

[Ash!]

Dear All

Thank you so much for your input on this matter, I am actually really worried.

 

 

From the past experience, A default from Lowell on O2 (on £93 although it was satisfied later )

is nearly completing its term of 6 years so that it could be dropped off from my credit file.

I have suffered so much due to this default.

I have 3 kids and cannot get mortgage for my own house.

 

In fact this new default which I did not know of until I was told by Lowell is shocking.

What I cannot comprehend if I was defaulted as claimed by Lowell

why it did not appear on my 3 different credit reports obtained on three different occasions.

I never received default notice from Barclays Bank or any Credit Agency.

 

Secondly,

what I know that account is 100% more than 6 years old

but what I cannot say with confidence is If I made any attempt to reply to any correspondence received

and made any token offer within last 6 years.

 

 

I am so much worried what would happen if Lowell take me to court and obtain CCJ against me.

 

I cannot afford to pay, but more importantly I cannot afford to mess my credit history to let my family continue to suffer.

[dx100uk]

nothing to do with any CRA provider sending a default notice

 

 

 

what you need to do is SAR Barclays

prove your last payment

then write to them with that proof

and demand they move the defaulted date to when it should be

then thus the account wont show.

 

 

as for worrying about court etc

 

 

the debt is statute barred..end of

they'd lose hands down if they were that stupid

to issue a claim

 

 

just remember

a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS.

Edited February 21, 2016 by Andyorch
Edited

[AndyOrch]

Hi Ash responding to your PM

 

Lenders are required to send out a default notice 28 days before registering a default. Should a default be registered in your name without prior notification then you have a right to complain.

 

The problem with overdrafts is that the default notice differers to a normal default notice as in credit cards and fixed loans.

 

It is called and headed The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

Regards

 

Andy