Letter- Is it fake or serious?!

puds1987

Hello,

Posting on behalf of my partner.

A few months ago he received a letter from a company claiming they were collecting a debt accrued with Barclays. The total sum was £768 and the letter stated the payment must be made immediately via the bank account given. I checked the letter thouroughly and noticed a dodgy email address that made me feel this wasn't a genuine letter. The other factors I considered were:

1- My partner hasn't had an account with barclays for over 7 years.
2- Though we have moved address a few times, his current bank and electoral role have always known where to reach us, therefore a letter from barclays should have reached us.
3- Barclays have not made any attempt to contact my partner about this debt.
4- When checking experian credit file there was no account from Barlcays.
5- No account number or sort code was in the letter, just the name Barlcays and an amount owed.

Now yesterday another letter was received from a solicitors, acting on behalf of this other company, Aktiv Kapital. I have googled them and they state they are a company who buy bank accounts that are in arrears from the holding bank. Is this legal? and should he have been notified if that was the case?

He is now stressing as we are finally getting on track with debts and obviously the time of year is even more convenient.

He wants to call Aktiv Kapital, but I'm worried if it is a scam that they will convince him to pay up.

Could anyone advise me as to whether this is legitimate or not, and if it is, if there are any grounds to appeal?

Many thanks..all your help is appreciated! This is one xmas present we didn't want!!

arborlinden

Wipe your !!!! with it

jambosans

Even if the debt is real, after six years (provided the debt has not been serviced or acknowledged) it becomes statute-barred under the Limitations Act 1980. I genuinely wouldn't worry about it too much, these letters from "solicitors" are designed to scare you into something stupid like acknowledging the debt, but in reality they're probably from the same debt management company. I would tread carefully, and seek advice on how to reply on Debt-Free Wannabe, from Citizens Advice Bureau or even CCCS.

Experian_company_representative

Bad debts (CCJs, defaults etc) only stay on your credit report for six years too.

benjus

Have you tried asking Barclays?

thenudeone

I believe it is legal and acceptable for solicitors who are employees of a company (eg a debt collection company) to use a letterhead and name which suggests that a separate firm of solictors has been engaged, when in fact it's just an employee of the same company that's chasing you.
My employers pay a firm of solictors just £2 per letter for sending an automated debt collection letter in the solicitor's name. The validity of the claim is never checked by the actual solicitor, it's just a scare tactic.

The question to ask is: Do you think you actually owe the money?

If not, send a copy to Barclays' HO for their Fraud Team to look at.

puds1987

Thank you for all your feedback, I'm glad I'm not jumping to conclusions thinking this is fake... its seems justified! I am almost certain this money is not owed, otherwise he wouldn't have been able to close the account? and if the account wasnt closed, it would appear on his credit file? (correct me if I'm wrong?)

Question though, Do banks sell bank accounts that are in arrears? and if they do, must they let you know if they do that? It is the first time I have heard of it therefore it worries me slightly that this can be allowed to happen and if it is legal?

Voyager2002

Yes, banks can and do sell on bad debts to collection agencies. So the letter may be telling the truth. However, the more important question is what you need to do about it, and the answer to that is probably nothing. As mentioned above, the debt is almost certainly statute-barred now.

jimjames

It is also possible that it is nothing to do with him and the debt collection agency were just doing a trawl of anyone with the same name.

I received final demand from debt collectors working for a water company for a property in Derbyshire. Bearing in mind I've never lived there and have been in Kent for nearly 20 years it all seemed strange. I called them up and they were just searching for anyone with the same name and trying it on. I guess some people may have paid up if there was a possible link.

Joe_Bloggs

I concur with jimjames. It is likely that you can make money out of vulnerable people by targeting scare letters from debt collection agencies and their solicitors to people with the same surname.

A small but profitable percentage will pay up just to avoid the stress. The rest will seek advice, CAB, MSE etc .

I had one of these letters and I have never banked with Barclays. I think Barclays should keep this activity within their group where they can be held accountable rather than sell off debt to inscrutable third parties.

J_B.

jambosans

Joe_Bloggs wrote: »

I think Barclays should keep this activity within their group where they can be held accountable rather than sell off debt to inscrutable third parties.

In an ideal world, but ultimately, Barclays (or any other bank for that matter) have most likely made a loss in selling the debt on, so care little for the tactics of the 3rd party trying to enforce it. It's the OFT (I believe - link) who should hold these 3rd parties to account.