Statute Barred Advice URGENTLY Needed!

niki_noos

Hi everyone,

I'm new to this but I am looking for some specific guidance. I'll start from the beginning....
In 2004 I applied for a barclaycard online and when asked if I had a barclays bank account I filled in the account details. I then had the card for a couple of months with only a £200 or £300 limit, I made one or two payments until my mother passed away, at which time, I was all over the place and relocated a lot and to be honest, forgot about this debt.

After the couple of payments I made (which would have been in 2004 or at a push, I'd say the latest time I had contact with or acknowledged barclaycard regarding this, was the beginning of 2005), I never referred to this debt again nor did I hear about it until recently.

I had a very vague letter from Intrum Justitia requesting me to contact them 'in regards to a business matter'. I then emailed them just asking what this was regarding and their response was:

"I can confirm that this account relates to an unpaid Barclays credit card. We have been trying to contact you since we commenced collection activity on this account on the 23rd December 2005 but it wasn’t until our most recent letter that we have been successful.

We would require your proposals of repayment within the next 14 days and a hold has been placed on your account for this length of time for you to contact us with your proposals. If we do not hear from you within this time, collection activity will recommence."

I haven't responded to this email yet as I'm very confused. I thought this would be eligible to be Statute Barred, however, because the DCA says that they began collection activity on this in Dec 2005, (but I am pretty certain that my barclaycard account had stopped being paid or acknowledged before this), does this mean it's the time in which the DCA has been seeking payment or the original creditor?

I'm in the process of trying to get my Credit Expert report to see if I have CCJ issued against this (got to wait for a PIN by post), however wouldn't I have known about any CCJ's issued??

Another query is, if they were looking for me, I have still got the same bank account with Barclays, and updated my address regularly with them, why didn't they just check their records??

Is it worth sending the Statute Barred letter on the off-chance there's no CCJ's, and if there is I would then have to pay, but will it be frowned upon if I send the letter either way?

Do I send the letter to the DCA as they are the only one's who have contacted me or would I have to send it to Barclaycard?

Also, if I do send the letter and it is statute barred, what powers do they have to recover the monies? I am aware they can't do it legally but can they send people to the house? I have no assets, I don't drive, I'm a single-parent on minimal income but I just don't need the hassle.

Any help appreciated please

Thank you all

Tixy

Sounds like it would be statute barred (if no CCJ).
Them trying to contact you since Dec 05 is not relevant - it has to be an action by you that counts as the last acknowledgement/payment.

You might have a CCJ for this debt without knowing about it if you no longer live at the same address - though if barclays have always had your address correct then if there is a CCJ you would need to check what address was used for it. If the DCA obtained a CCJ at your last known address then this is possible.
If you want to check quicker for a CCJ you could look at the registery trust online (it costs £8 per address you search though).

If there is no CCJ send the SB letter template to the DCA.
Once you have told them its SB and you don't intend to pay then they have to stop debt collection activities - if they didn't for any reason you would report them to the OFT.

vax2002

It sounds like one of the old credit files scam , they are sold at auction to back street debt agencies often run from postboxes and peoples spare rooms, they then fry the borrower and hope to intimidate them in to paying.
Even if you do pay a staute barred debt it will not be removed from your credit file and if it is via an agency the money will be kept by that agency.
These files fetch around £50-300 at auction.
Get the credit report and if it shows statued barred ignore theses collection agency chancer's and they will go way and look for another fish, the small set up they operate means that they can not spend too much chasing someone, however as you have contacted them now, you will be on the hooked fish list which is the top paper tray on the 1 desk.

niki_noos

Thank you!
I have been trying to research and have a basic understanding of how to progress, it's just that it threw me as they had said that date, which I know isn't six years ago yet, I am pretty certain the last time I paid was long before that! So I should be covered until they can prove differently.

Well, I've moved address about 5 times since I took the card out, so for me to check on the Registry online it'll cost me a pretty penny!

Should Credit Expert be able to show me any CCJ's I may have at any of my previous addresses, or does it only search the last two addresses? I still haven't received this PIN from them, which is driving me mad because I just want to get the Statute Barred letter sent!

I thought that afterwards they were still allowed to chase you, but just not through the legal system? Or is it the fact that it would come under the category of harassment so you can then report it to the OFT?

@vax2002, I thought the DCA seemed a bit 'off' as on their website it suggests that they specialise in long term debt surveillance, (monitoring of unpaid accounts for up to 5 years) - now if this is true, hasn't 5 years passed since they said it had been passed to them?!?! They shouldn't even be dealing with it and if they 'specialise' in that, they are not very good at it, as my address has been known and I am on the Electoral Roll and have had credit at all of my addresses?!

Thanks for your help!

Tixy

Providing when you get your experian(creditexpert) report shows your previous addresses then if then if you have a CCJ at any of them in the last 6years it would show up. I'd wait for that until you can see that to start with.

They are not allowed to chase on a SB debt once you have told them you don't intend to pay - in writing using one of the templates (you may be thinking about unenforceable debts due to there being no CCA, in which case they can chase you but just not take court action).