Electrode101 V Barclaycard, debt from 1997. Statute Barred??

[electrode101]

Hi all, never though I would end up in this forum but supprise supprise I did.

 

I got a letter the other day from a Debt management agency called Clarity.

 

the letter just said they had an urgent matter to discuss, as I'm taking actions against Halifax/Direct Auto Finance I thought it may be something to do with that. they would not give me details of anything until I confirmed who I was.

I then found out that I have two debts from barclaycard 10 years ago amounting to over 3 grand. I denied having a barclaycar account and said anyway the debt would be statute barred. he disagreed and stated that as he has confirmed my identity he will be chasing me for the debt. I again reminded him that it would be statute barred. he said he can phone me everyday and keep sending me letters. I stated that it would constitue harasment and that I would take further action. he said he was allowed to do what he wants.

So yesterday I sent the stature barred template letter to them recorded delivery, so now I await their responce.

 

just so you know, Clarity got the apparant debt from Cabot, who got the debt from barclays.

 

let the games begin.

 

any advice would be greatly appriciated

 

Cheers

[Advoc8]

Yes, the debt is statute barred so just continue your current course of action.

[electrode101]

What if their is a CCJ, I have no CCJ's on my credit report. how long do those stand for.

[Advoc8]

What if their is a CCJ, I have no CCJ's on my credit report. how long do those stand for.

 

CCJ's are kept on the register of county court judgments for 6 years - see here

[electrode101]

so at the end of the day if this debt does actually exist their is nothing that they can do about it. this would be handy as I've only just become debt free, how ironic.

[Advoc8]

so at the end of the day if this debt does actually exist their is nothing that they can do about it. this would be handy as I've only just become debt free, how ironic.

 

Yes, basically they've had their chance but blown it.

[electrode101]

can they argue that they never knew where I lived. I have moved a fair bit in the past ten years.

 

I'm a bit worried that one day they will just turn up and clamp me car and prevent me from getting to work. could they take my car, I use it for work and it's in my contract for work to have a car and they pay car allowence for it.

[gizmo111]

CCJ's are kept on the register of county court judgments for 6 years - see here

 

What if their is a CCJ, I have no CCJ's on my credit report. how long do those stand for.

 

They stay on your record for 6 years but can be enforced for ever.

 

so at the end of the day if this debt does actually exist their is nothing that they can do about it. this would be handy as I've only just become debt free, how ironic.

 

If therewas no CCjand then they would have to go to court to be able to enforce it.

 

can they argue that they never knew where I lived. I have moved a fair bit in the past ten years.

 

Can argue wht they like but if it is stat barred it is unenforceable - they found you now they should ahve tried harder

 

I'm a bit worried that one day they will just turn up and clamp me car and prevent me from getting to work. could they take my car, I use it for work and it's in my contract for work to have a car and they pay car allowence for it.

Thats highly unlikely - the ywould need baliffs etc to do this, and you would be visited by the baliff first. This would only happen if there wasa CCJ in the first place.

[electrode101]

Well after sending my letter to inform them that the account is statute barred I received the following Reply.

 

/Quote[Dear Mr Electrode101,

 

our Ref:ABCD1234.

 

Thank you for the letter Dated 14th Feb.

 

We Are aware of the effect of the Limitations Act and the guidance provided by the OFT. Neither questions the right of a creditor to seek repayment of a contractual debt on a voluntary basis(lol). As I'm sure you will appreciate there are many people who honour their contracts irrespective of whether there is no legal remedy to inforce.

 

Given the circumstances, I can confirm that we will be returning this account to our client and you will hear no more from Clarity.

 

Yours sincerely

 

Ron Morrell/endquote

 

 

So I'm glad I know my rights otherwise I would have been pressed for payment of this apparant debt from over 10 years ago. Grrrr to those people, I'm glad I know my rights and I only know my rights from being here.

 

Cheers all, I'll keep you posted as to what their client does next if anything.

[electrode101]

Well so far I have heard nothing back from them or their client. their client being cabot/Barclaycard.:grin:

[tertiary alcohol]

Well after sending my letter to inform them that the account is statute barred I received the following Reply.

 

/Quote[Dear Mr Electrode101,

 

our Ref:ABCD1234.

 

Thank you for the letter Dated 14th Feb.

 

We Are aware of the effect of the Limitations Act and the guidance provided by the OFT. Neither questions the right of a creditor to seek repayment of a contractual debt on a voluntary basis(lol). As I'm sure you will appreciate there are many people who honour their contracts irrespective of whether there is no legal remedy to inforce.

 

Given the circumstances, I can confirm that we will be returning this account to our client and you will hear no more from Clarity.

 

Yours sincerely

 

Ron Morrell/endquote

 

 

So I'm glad I know my rights otherwise I would have been pressed for payment of this apparant debt from over 10 years ago. Grrrr to those people, I'm glad I know my rights and I only know my rights from being here.

 

Cheers all, I'll keep you posted as to what their client does next if anything.

 

 

I am shocked that someone with such vast experience in the field of regulated financial services could allow a fledling company to committ such a basic error.

 

.

Ron Morrell joins as Head of Quality and Compliance bringing 30 years of experience in regulated financial services to the team..

[electrode101]

Well I suppose they had to give it a go. Worth them trying if you think about it. it cost them like 60p to send a letter to maybe get 3 grand. if I was a less aware person I might have paid it.

 

I still haven't heard anything back from them, so I assume thats that.

 

Happy Xmas all

[alexwebb80]

will this work for student loans?

[alexwebb80]

i have had this debt for 5 years and have had no money ever taken from my wages and i got a letter the other day from the loan compnay saying i owe them £15,000 shall i wait another year??

[electrode101]

Hello all, it's me again.

Well 2.5 years since I sent a statute barred letter and receiving confirmation that they would be taking no further action I finally get another letter from Cabot demanding this be paid. This debt is now apparently over 13 years old, more than twice the statute barred limit. What’s more I’ve already sent letters informing them of this and they have already accepted it.

Does this now constitute harassment, what action should I take on this.

Do I need to just send the same letter as before? Or should this new letter be something more potent; I mean why should I need to keep telling them the same thing over and over again.

Again, let the games begin; again

[the_shadow]

Hello all, it's me again.

 

Well 2.5 years since I sent a statute barred letter and receiving confirmation that they would be taking no further action I finally get another letter from Cabot demanding this be paid. This debt is now apparently over 13 years old, more than twice the statute barred limit. What’s more I’ve already sent letters informing them of this and they have already accepted it.

 

Does this now constitute harassment, what action should I take on this.

Do I need to just send the same letter as before? Or should this new letter be something more potent; I mean why should I need to keep telling them the same thing over and over again.

 

Again, let the games begin; again

 

As you have sent them the stat barred letter you need do nothing else.

 

Have you tried sending the stat barred letter direct to barclaysharks to get them to stop seeking repayment by passing it amongst the DCA's?

 

Debts dont disappear normally, somewhere there is a ledger with your name and the amount still owing.. its just they cant take you to court for the money.

 

S.

[slick132]

I agree with TS - you need do nothing as they are just fishing, hoping they can worry you into paying something.

 

However, if they start harassing you with any phone calls or more letters, send a Statute-Barred letter to remind them and report the matter to FOS and to Trading Standards.