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2

Comments

  • BAILEYS6904
    BAILEYS6904 Posts: 620 Forumite
    Stop Panicking and listen to what people are saying!!!! :)

    The debt is older than 6 years, therefore unenforceable, ie, in simple language, they can do naff all about it even if you did owe them money. As long as you have not acknowledged the debt is yours, or made in payments in the last 6 years, you're fine and they can threaten all they like, they have no legal basis to get this money.

    So

    Firstly send the letter in post 4, they are then legally bound not to call you, and only put things in writing. Then send the letter in post 10, which tells then the debt is too old to chase and they have no legal grounds to do so. That is ALL you need to do.

    These companies will have probs paid a few hundred pounds for your £3000 debt details, so any money they can get is profit to them, therefore they will do what they can to get anything out of you. THEY HAVE NO LEGAL GROUNDS FOR DOING SO IF YOU HAVE NOT ACKNOWLEDGED THE DEBT IN 6 Years. besides that, you think you've alerady paid it anyway, so STOP PANICKING lol x
  • goggles99
    goggles99 Posts: 22 Forumite
    lol thanks one major problem did abit of research and barclays say they recieved a payment from me on 4th dec 04!!!!!! arghhhhhhh
    dont suppose there are any stalling tactics lol
  • wayne99
    wayne99 Posts: 352 Forumite
    barclays may say they recieved a payment from you, in december 2004 but can they actually prove that ?

    send the letter i posted, and then they will have to provide proof of the payment.

    I had an old debt with barclays which they passed to mac hall, they said i had made a payment via a barclays account, when i had closed the barclays account two years before they claim i paid from it lol

    DCA's will claim all sorts to try and get you to pay up, if they can prove any of it that is another question.

    send the letter, by recorded mail, stop talking on the phone to them do everything in writing.
    :j:beer: :beer::j
  • goggles99
    goggles99 Posts: 22 Forumite
    ok guys update have sent all the relevent letters as suggested and heard nothing from them for over a month then all of a sudden a solicitors letter stating all the facts about taking me to court but here the stinger......they have enclosed a "copy" of a letter rom Barclays Bank addressed to my at this address dated 2005 ...it is quite clear that they have made this letter themselves as i didnt move into this property till 2007!!!! and when i spoke to Barclaycard they have no information of me at my current address!!!! so they have fraudulantly made evidence can i do anything about this???
  • flimsier
    flimsier Posts: 799 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Yes, there's a template for that as well.
    Can we just take it as read I didn't mean to offend you?
  • hi hope this helps a bit,ive also had vey threatening calls and letters ,my advise is only deal in writing with them,what i done when they consistently called was to send a complaint letter about the harrassment they stopped calling straight away and if they do call again just say your breaking the law calling me this many times.i asked for the cca request and sarrs request,they gave it but it is hopefully unenforceable as they missed lots of things like t&cs etc.
    im still fighting with them but theyre that arrogant im determined to fight all the way
  • any advise from people on how to deal with these people would be extremely grateful
  • ok update....right squeeky bum time got a letter though the post today a claim form for court stating the the hfo solicitors claims against me and asking me if i wanted to accept, partialy accept, or deny the claims....i want to continue fighting as i recently spoke to Barclaycard who state they have no record of me at this address which counteracts the fraudulant letter hfo sent me claiming to be from barclaycard but is it still worth fighting now its gone to court or shall i just settle?
    basicly if i go to court and bring this letter up that they fabricated ca they still win or will their whole case be thrown out??
  • phil80
    phil80 Posts: 153 Forumite
    When did you last make payment on this account have you got a statement from HFO showing the last payment date made on the account if so you need to find out that date.
  • no according to barclaycard they recieved a payment dec 04 i have asked hfo for any previous statments and interest costs but i have had no reply to this requst just solicitors letters now.
    the only information hfo have given me from barclaycard is a unreadable t and c copy and a blatantly fraudulantly copy of a letter from barclaycard stating the debt is going to be passed to them.
    they addressed it to my current address even though barclaycard have confirmed they did not sent this leter to my address as they do not have me on record here....because it's dated 2005 and i moved in 2007
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