outstanding credit card balance from the 90's

dirky

Hi

hope somemeone can help me, bit of a story, will try to make it as brief & easy as I can to follow.
Opened a letter from a comapny J2 Solutions wanting to locate me, asking me to call them which I immediately did. Transferred then to another comapny Mackenzie Haul saying that I owed an outstanding balance to Barclay Card Mastercard from 1996 when I resided at a old address. Claimed I initially owed £900. but this has now risen to £1951 (due to timescale). this may have been true as a that time i was 20yrs old and daft as a brush with money & credit cards but honestly thought I payed off everything owed at that time. Due to timescale I have no records or details of this card & if i do actually owe money even though I have since had a Mastercard nothing was ever mentioned by Barclaycard. Asked the unhelpful person to provide me with the relevant card details to try & make some enquiries & was told not her porblem & I should have kept a record of statements even after almost 13years as I sure most people do (not) !!!. Told i have 24hrs to make contact again with them & 7 days to make full payment.
What do I do now & how can i sort this.
Thanks
Dirk

Numpty_Monkey

I think your best asking on DFW
Debt-Free Wannabe
For a full answer
but the debt is "Statute barred"

And the unhelpful person is wrong
It is up to them to prove you owe it, not the other way round

lorweld

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fermi

dirky wrote: »

& was told not her porblem & I should have kept a record of statements even after almost 13years as I sure most people do (not) !!!. Told i have 24hrs to make contact again with them & 7 days to make full payment.

Bullwarks!!!! :rotfl::rotfl::mad:

Statute Barred debts.

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

England/Wales.

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other

brians_daughter

as op states, the debt is no longer enforceable, after 6 years. send letter as above, do not acknowledge teh debt over teh phne or otherwise, You will find that this company have purchased the debt for coppers and are trying their luck

RAS

Unless there is a CCJ, they are talking boolocks.

And if there is a CCJ, they have to go to court to get permission.

Remember the guy who got a house almost for free last year - not paid the mortgage for YEARS? The mortgage company had not enforced the debt in time. Same thing here, except this is for unsecured debt so it is 6 years not 12 before the Statute of Limitiations kicks in.

J2 have featured a lot here recently, so I suggest you also complain to the OFT about the misinformation you were given.

dirky

Hi
just a quick thanks for the reply's and advice offered. I will be sending the proforma letter from fermi and will make contact with OFT about J2 solutions and Mackenzie Haul who where misinforming me and refusing to provide any details of the account.

Thanks again
Dirky :j