unused since 2003 barclays account showing 2015 default! need it gone!

[james3012]

In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003.

I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,

 

I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.

 

I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement.

None was forthcoming,

 

after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement.

They did not respond.

 

I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.

 

Does anyone have any advice as to what I should do?

The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally,

I haven't heard anything about it in over five years,

 

I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015.

Does anyone have any advice as to what I should do?

 

I want this off my credit file, even if the account wasn't closed in 2004,

I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015,

but given that neither party has any records with which to validate their belief/position,

it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred?

A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied),

where I believe that the Limitation period is five years,

so, even if it transpired that the default was legitimately in 2015,

would the matter now be statute barred anyway?

Or would it be six years given that I now live in England?

[dx100uk]

dca please.?

 

Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice

a dca debt buyer cannot issue a default notice 

 

send Barclays an sar.

 

the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot.

though that has no relevance to a credit file.

 

 

[james3012]

the dca is BCW

- i haven't heard from them since early 2015,

 

they wrote offering discounts etc, which seemed a strange approach straight off the bat 

- this was when i told them i didn't acknowledge the debt,

it was long-since time-barred,

that i didn't believe that they had an enforceable agreement and they could either issue proceedings or bugger off. 

I haven't heard a word since, via email or post, and assumed that my position had been accepted.

 

I check Experian and Equifax every month, and was advised to check TransUnion for completeness, which is where it shows.

 

If i make an SAR, is this likely to wake them up, or serve as an acknowledgment, or should I just wait until the end of the year when it would, i assume, drop off in any case?

[dx100uk]

you cant reset anything by sending an sar

 

BCW are solicitors, who are their clients?

 

dx

[james3012]

 

Buchanan Clark and Wells - they said that Barclays is their client

Registered Company: BCW Group – an arvato company
Place of Registration: Scotland
Registration Number: SC223606
Registered Address: 24 George Square, Glasgow, G2 1EG

[dx100uk]

They said?

not been talking on the phone have you?

dont do that. Writing only they are powerless.

who is shown as their client on their letters or the owner on your credit file.

 

if its still with Barclays...your complaint target is Barclays themselves

[james3012]

said in their letter - i have only emailed in response to their letters, and, as i said, nothing in the last five years. 

 

Barclays is shown as the owner on the TransUnion credit file, and it doesn't show on Experian/Equifax. 

 

Is it worth contacting barclays - e.g. if the account isn't statute barred, is it likely that this might ramp up collection activity, or do i just sit it out in respect of my credit file?

[dx100uk]

The debt being sb'd or not is immaterial to what shows on credit file.

 

yes the account will vanish from your file on the defaulted dates 6th bday.

 

Dx