Help needed! Bank debt but no proof

tori.k

Does anyone have any advice please....
A letter has been received from a debt company saying they brought a Barclay bank debt and want £895.
when phoned and asked about the debt they stated it was from a joint bank account 10 yrs ago from the Reading branch of Barclays.
The person did have a joint bank account at this time but it was cleared and closed at the end of his marriage, but he hasnt any paperwork left for the account.
When he asked for the sort code and account number as he couldnt understand where this debt has come from and wanted to check it with the bank as he still has a sole bank account with Barclays, they stated they didnt have it and he would have to apply to the bank for the details.
He spoke to his local branch of Barclays (as he no longer lives in Reading) and even with the sort code there is no details of a debt and no account number to be found as its from to long ago.
Where does he stand with the debt company? they keep phoning him everyday asking for the money and he keep's saying fine if you can prove there is a debt, he lost his sense of humour with it now
Any suggestions how to end this stalemate?

to add insult they even sent a letter saying if he paid £150 in seven days they would wipe the debt...that just sounds shady to me

k1mmie

Do your research, but from what I believe if you have not had any dealings with company in 6 years, then the debt is statute barred.

Lokolo

^^ unless the person admits that they do owe money.

Patrick20

Have this company got a name? If Barclays dont have records of a debt owed then obviously there isnt any. And dropping the money owed down to £150 would suggest that it is a scam and they are looking for gullible people who will give their details over the phone to them. Just resist their claims an they will go away after a while.

tori.k

thanks K1mmie,tho have been warned that altho they cant persue thru the courts after the 6 yr rule,but can keep the endless harrasment up, thats what he is sick off phone calls all hours of the day and NIGHT!
he actually considered paying the £150 just to get them off his back, (changing the phone number isnt an option as its his home business number)

tori.k

Patrick20 wrote: »

Have this company got a name? If Barclays dont have records of a debt owed then obviously there isnt any. And dropping the money owed down to £150 would suggest that it is a scam and they are looking for gullible people who will give their details over the phone to them. Just resist their claims an they will go away after a while.

States THAMES CREDIT on the letter head that its the trading name of AKTIV KAPITAL FIRST INVESTMENT LIMITED

tori.k

oh dear i just googled AKTIV KAPITAL enough said

never-in-doubt

Lokolo wrote: »

^^ unless the person admits that they do owe money.

irrespective - it is statute barred if over 6yrs old and the OP should send this letter:



ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Statute Barred Account Numbered - XXXXXXXXXXXXXXXX

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

I 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 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 in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me 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 statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

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

I look forward to your reply.

Yours faithfully

never-in-doubt

p.s if it is 10yrs old then you should start by complaining to the CRA's and demand they remove the old data prior to you seeking enforceability via county courts - they tend to pay notice and remove out-of-date data when prompted.

Good luck...

martafdz

I would not contact them yet, and deffinitely not pay! If you contact them saying that after 6 years the debt is forgotten, you might actually be saying that you agree there was a debt. If you pay, it might be seen as if you are agreeing somehow that you need to give them some money back.

I remember that not so long ago there was something similar in Watchdog, see here: http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

I would look for some legal advice, maybe your local council have some free legal service / adviser that can help you.

I think this kind of companies are a scam, they just threatened people and see if the fear or being in debt or starting legal proceedings is enough to get some money.

As you said, there is no debt, you should not pay something you don't owe!

I hope you find a way to solve this, see if in the Watchdog channel they have more advice or info.

never-in-doubt

martafdz wrote: »

I would not contact them yet, and deffinitely not pay! If you contact them saying that after 6 years the debt is forgotten, you might actually be saying that you agree there was a debt. If you pay, it might be seen as if you are agreeing somehow that you need to give them some money back.

I remember that not so long ago there was something similar in Watchdog, see here: http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

I would look for some legal advice, maybe your local council have some free legal service / adviser that can help you.

I think this kind of companies are a scam, they just threatened people and see if the fear or being in debt or starting legal proceedings is enough to get some money.

As you said, there is no debt, you should not pay something you don't owe!

I hope you find a way to solve this, see if in the Watchdog channel they have more advice or info.

Mate the advice you give is guess work; believe it or not we do know what we are talking about when it comes to enforceability!

Proof below! It is not legally there to be chased - it is statute barred meaning if anyone comes after you for the debt then they are breaking the law and can be prosecuted for harassment and pursuing a debt that is not liable for pursuance; this means the DCA could lose their licence and trust me, they will not risk that for a debt that is 10 years old!

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