Barclaycard help needed

zerocool55

Hi all on 28th april i got a letter from buchananclark+wells addressed to me at my parents address asking me for £2552.48 for a barclay card i had many years ago which i thought i had cleared. it was only £400 credit limit so how that gets to £2500 i have no idea. But i have just recieved a letter from mackenzie hall at my home address saying they are attempting to contact the person named above on a personal matter and could i contact them they have same reference as the one above both are claiming to be recovering the debt for aktiv kapital uk ltd what is my next move which letter should i send them. hope to get a reply soon Zerocool

bottleofred

Hi Zerocool,

Firstly, do not phone any debt collection agency and more particularly McKenzie Hall as they are rude, aggressive, horrible and hateful individuals who try to bully people into paying. Do you have any idea roughly when the debt is from and when the last time any money was paid towards it? You could check your credit file to see if there is any mention of this debt on it. Regarding letters, you could start with the prove it letter. However, be warned that Muck Hall have a habit of getting peoples home and work phone numbers and then annoying them by telephone, so I'll post that below the prove it letter, but only send the prove it letter first. If you are contacted by phone, politely tell them you only wish to be contacted in writing and then post the stop phoning letter.

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

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

Dear Sir/Madam

Ref: xxxxxxxxxxx

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

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

Dear Sirs,

Account No: XXXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have verbally requested that these stop, but I am still receiving calls and I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company may be recorded and used in evidence and I expect this harassment to cease immediately.

Yours faithfully




Sign digitally

BorassicLint

Hi zerocool,

How long has it been since you last made a payment or had any contact with them about this debt? If it is 6 years or more (5yrs in Scotland) then the debt will be statute barred so there is not much they can do as long as you haven't acknowledged the debt during that time. Do not talk to them on the phone but make all communication in writing and do not sign but type your signature.

If it is less than 6 years, have a read through never-in-doubt's Unenforceability & Template Letters thread as you might want to consider doing a CCA request. There are templates there for all the letters you might need.

zerocool55

Hi thanks for the help and i have looked at my creit record which only shows a change of address for baclaycard as being may 2005 but im unsure of when i last had any contact with them as i thought i payed it off when i sold house. im still unsure how £400 turns into £2500 with a £400 credit limit i will send the letter and see what i get back thanks Zerocool