I need some advice please on an old debt.

khriss

Hello everyone, I am new to these forums.............................................

MY story is in 1992 I had a barclaycard, my relationship turned very nasty and I eventually went to a safe place and then got my own flat (well rented) I had a breakdown and was unable to carry on working and you can guess the rest everything fell apart, the CAB wrote to my creditors and i started paying a small amount off to everyone, and everyone was happy with it all. In 2001 i wrote and asked one creditor (barclaycard) for a payment book, as i was just writing a cheque and putting it into an envelope with my account no on the back of the cheque, and i never heard another word, ( i thought maybe they had written it off, well i hoped anyway) until 2 weeks ago when letters came from yet another Debt collection agency saying that they wanted the money I owed there client, its been sold on again after 5 and a bit yrs. This debt must now be 15 yrs old, although as i have said its been sold on now twice. I have had different opinions on this some people say ignore and some say write and deny, but that is admission in itself by replying The ironic thing is that i used to (well still do) have a littlewoods extra catalogue and they eventually sent me a credit card which is backed by BARCLAYCARD and still valid, I have used it but paid it off 2 yrs ago, its crazy all of it. PLEASE TELL ME HOW TO DEAL WITH THIS SITUATION AND THESE AGENCIES, WHATS MY RIGHTS.
kind regards,
khriss.

CLAPTON

how much are we talking about here

itsarichmansworld

if you havent contacted them for 6 years or paid anything they cant do anything statute of limitations,,, contact them deny it yours..

debt23

Hi,

Can you explain this bit:

"In 2001 i wrote and asked one creditor (barclaycard) for a payment book, as i was just writing a cheque and putting it into an envelope with my account no on the back of the cheque, and i never heard another word"

That sounds like you were sending payment to Barclaycard - if thats the case. 1) are these payments made reflected in the total the new debt owners are chasings 2) Cant see how the 6 year rule will work as you have been paying the debt etc.

Could you clarify this then we can see where we stand and how to tackle it.

All the best

Debt23

Bossyboots

itsarichmansworld wrote:

if you havent contacted them for 6 years or paid anything they cant do anything statute of limitations,,, contact them deny it yours..

How will denying it is their debt actually help?

If it is statute barred then the OP simply has to notify them of that and although they could pursue it in court, they are not going to get judgement.

However, I couldn't make head nor tail of the opening post and have the same queries as debt123.

khriss could you please advise if you have paid off any of this debt and when the last payment was made. Also, when exactly was the last time you had contact with anyone handling this debt?

Hope2007

Hi Khriss, I'm new to this too!

I have a very similar problem to yours. I too re-paid a Barclaycard debt on a payment plan with a paying in book and sent cheques. This would have been around 1999/2000. I split up with my then husband and he declared himself bankrupt and I continued to pay my outstanding balance for my own individual account with Barclaycard. A few months ago I checked my credit file report and noticed an entry stating that I owed £94 to Barclaycard?!?! I also have a Littlewoods account - and subsequently received a LPF visa card (also backed by Barclaycard) and that account is still up and running. The entry on my credit file had nothing to do with the LPF card. I challenged the entry and was told by the credit file people that Barclaycard insisted the debt entry was correct. A month later I too received a letter from an agency (L. F. - is that the same as yours? - not sure if I can mention their name).

I wrote to ask them for evidence of the alleged debt. I know that I paid the account in full although with it now being so long ago I cant put my hands on the payment book/bank statements. They have ignored me and have sent further threatening letters referring to my refusal to pay the debt. I have written and emailed again and still I have received no reply from them. In their last letter they referred to arranging for a debt collector to attend my home to discuss my repayment proposals?!!! I am so scared (and angry with their lack of response). I returned home this morning to a card having been put through the door - from the agent (another sleepless night coming up for me then?!)

I have written again and advised them that I do not wish to appear to be uncooperative however until they provide me with proof of the debt then I will refuse to discuss anything with any agent that they send to my home. I am assuming that I am quite right in saying that but would appreciate some support/advice from anyone that would know how to best handle this situation.

Khriss, thank you for your posting. It has given me the courage to register too. I have so many other financial worries at the moment and I have spent the last couple of days looking at these boards and wondering what to do. Hopefully some of the lovely people on these boards will be able to help both of us?!

Debt collecting agencies aside, I sincerely hope that your life has taken a turn for the better and that you are feeling a lot happier now.

Sorry for the long message!

Yours hopefully!

debt23

Hope2007....

First off, send off a copy of a letter like the one below.

(Got this courtesy of a post by file_wizzard - thanks very much)

Send by recorded delivery, they have 12 days to respond;


I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number

2. You must supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You must supply me with a signed true copy of the default notice for the above referenced agreement that you allege exists.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Please also note that any legal action you contemplate will be vigorously defended. As you will be aware any credit agreement which is not correctly documented in compliance with the CCA is a complete defence to any claim issued.

Obviously, keep a copy for yourself and the posting details etc.

Now, ref someone calling round.... so what?

Debt collection agencies use this tactic all the time, because they know people don’t like the debt collector at the door - but please, trust me, they don’t turn up with a neon sign over their head saying you are in debt!

Just answer the door to them, explain the situation, and off they go. I have had a number of visits from companies to my door and they have never, ever, done anymore than listen to what I say, scribble a few notes on paper, and leave.

After all this - worst case could be the collectors try to issue a CCJ - but without the proof of the debt, they have no chance. You simply fill out the CCJ form contesting the debt (it’s very easy to do) and that should be that -but I would doubt it would go that far.

I think they are trying it on to force the payment out of you - stand by your guns. If they can show you owe the debt, let’s say fair enough, but don’t give in until they do.

All the best

Debt23

khriss

Hi,.........Yes i will try to explain some more, in approx 1996 I went to the CAB because i felt unable to cope with things and they arranged for me to pay a small amount to Barclaycard WHO by this time or shortly after had put the debt into the hands of Robinson Way, debt collectors, anyway i continued to pay for five yrs or so and then in 2001 i wrote to them asking for a new paying in book (I didn't have one) so i could go to my bank and pay, rather than messing about with cheques, envelopes and stamps. I never received statements from them, anyway i never heard anything from them at all, so i supposed i hoped that they had written it off or i had paid enough,the trouble is its 5 yrs on, I find it hard to remember after all this time, and i have no proof of anything, the amount they are after is only £300 pounds. I only owed them £750 pounds in the beginning back in 1993 its the principle i suppose that i hear nothing for 5 yrs and then they sell it on again to another Debt collection agency, it just doesn't seem right to me. as i say i have another barclaycard now, surely if the amount was owing i wouldn't have got another card from them. why would they do that if i still owed them money. khriss

Hope2007

Debt23 :A

Thank you so much for your help and advice, I feel much better having something more constructive to throw at them!

Your advice about the debt collector made me smile, I wont feel so nervous about hearing my door bell ring! I will think about what you have said (keeping an eye out for the neon sign ).

Do you know, I just might get some sleep tonight as that will be one less thing to be worrying about!

Hope everything is going well for you.

Take care

khriss

HOPE 2007......................................... Its comforting in itself to know that we are not alone and I am glad that my question has helped you, I hope that you do sleep well tonight.
khriss.

debt23

Khriss,

Hi - yes, sadly as its under five years since you last paid on the debt, its still able to be enforced etc.

Ref getting more credit from Barclaycard - often when a company sells a debt on, it can count as cleared in their books, so its not that unusual to end up with more from them as you have - they do the standard credit scores and if you pass - you pass.

GO with the same idea as mentioned to hope2007 - send them the letter and see what you get back - at least you'll know where you stand.

All the best

debt23