why do i have to do this?

ident

2 years ago i owed barclays £170 which i distputed it and during this time i reclaimed my bank charges back which i worked out to be £1200 so barclalys said they would give me the money back minus the difference 2 years down the line im getting calls from an debt collector saying i owe money (£170) as they have know brought the debt. i burnt allmy old barclays letters that agreed the settlement. is it up to me to provae i dont have the debt? im not the stupid one buying debts that dont exist

poorandindenial

No, they have to prove that you do owe the debt.

If they persist and you don't have the letters it could be worth your time doing a £10 SAR (subject access request) to barclays to get copies of all correspondence that they sent to you.

EDIT: not sure how long they have to keep records for though

ident

All they have done is sent me a copy of my old barclays statements(which i have made another thread on as worried how they got hold of this private in formation) which i contacted the ICO about.

granted this statemen t shows my closing balance at 170 pounds. but thats because i had my account closed by them. then i reclaimed bank charges back, which they accepted minus the £170 i owed.

Problem solved, until this debt collector comes sending me letters.

Fire_Fox

How much money do Barclays think they gave you back for the reclaim? Do you have a bank statement from two years ago showing a payment in which is £170 less than the amount of the reclaim?

lynzpower

ident wrote: »

All they have done is sent me a copy of my old barclays statements(which i have made another thread on as worried how they got hold of this private in formation) which i contacted the ICO about.

granted this statemen t shows my closing balance at 170 pounds. but thats because i had my account closed by them. then i reclaimed bank charges back, which they accepted minus the £170 i owed.

Problem solved, until this debt collector comes sending me letters.

You can do a DPA request to Barclays in regard to the fact they paid you off though, Id have thought? Take advice from CAG on this, it would be requesting the dat thaty showed what happened when they did decide to pay you off.

ident

forgive me i dont know what a dpa is?

Trouble is i went from barclays to hsbc to natwest

The cheque was paid into HSBC. I think i could possibly find the statement showing barclays gave me a cheque. but this does not prove me case does it?

It only shows me accepting money from them.

I'm hoping the ombudsman has copies as they was ones who helped me.

Also fingers crossed i can sue barclays for shairng my private data

worried_jim

You may find that the debt collector is in house and is owned by barclays, in effect barclays using another name, therefore no breach of data protection.

ident

I already researched it. It's completly independent. I have already been advised to seek information from the ICO by members of this forum here

http://forums.moneysavingexpert.com/showthread.html?t=1458137

poorandindenial

DPA is Data Protection Act, to request information about yourself under it is a Subject Access Request (SAR) the ICO website has advice about how to do this but I still am not sure about the retention periods.

If you ask for copies of all info held abut you then they should send you copies of letters sent to you, hopefully including the one that shows your account is settled.

ident

il get on the case to the DPA for copys then.

it's not fair that i should though. i'm not the stupid bank selling a debt that dont exist

poorandindenial

ident wrote: »

il get on the case to the DPA for copys then.

it's not fair that i should though. i'm not the stupid bank selling a debt that dont exist

You make the request to the bank, if you search for subject access on the ICO website there should be some useful info

Good luck