Debt collection demands

cassandra365

Hi all, not been on for a long time.
Recently I've received, out of the blue, demands from Lowell and Barclays for unpaid debts.
Lowell, now Red are wanting £357 for an old Capital one account and Barclays, now Credit solutions are wanting £161.
12 yrs ago I left my husband. suffering depression after constantly paying the bills and debts he incurred.
I have rebuilt my life,paid off some debts and regained good credit. 4yr car loan paid off this month, Whohoo! and several well managed bank accounts and credit cards.
The CapitalOne debt was mine,(£100ish) but the Barclays I have no knowledge of unless it's from the joint account we held.
I have ignored a few letters and now they are threatening to send someone to my house, although Red are offering to halve my debt if paid in 10 days! What do I do now? Ignore, send a statute barred letter? Confused and worried!

Tixy

For the barclays debt - you could start with the prove it letter. Or if you are certain you have no debts that are not statute barred then you could try the hybrid letter that says you have no knowledge of the debt and it would be statute barred anyway.

For the other if you are certain it would be SB I would send the SB letter and also include the paragraph revoking their right to visit your property.

Template letters
Letter when you know nothing about about the debt - AKA "Prove it" letter

Statute barred debts and the Limitation Acts (hybrid is on post #5)

Doorstop visit letter http://forums.moneysavingexpert.com/showpost.php?p=23635529&postcount=60

cassandra365

Thanks Tixy, looked at templates and still deciding, If I send statute barred will they leave me alone? I have had no contact with either company for 12 yrs. Have recently seen Husband at family funeral and ice is broken so will have to check Barclays with him. Best get divorce sorted too, another ostrich period.!

thanks again

ps. Equifax has last financial association with my husband 11 years ago.

spacey2012

These bottom feeder debt firms usually drag up the stench of statute barred debts with them when they surface.
have you been doing credit checks ?
they latch on to new details entered and often try it on.
You could try a Subject Access request demand.
That usually shuts them up when they realise you want what they have.

Tixy

Yes if the debts are SB then the creditors are obliged to stop chasing you. You'll see on the SB thread that there is a follow up for the times when the odd creditor does carry on chasing and info on making a formal complaint, but in the vast majority of cases they do back down straight away.

Just as an aside, if barclays was a joint debt then any payments made by husband would impact on the statute barred timescale.

cassandra365

Thanks spacey,
Did Equifax check and all green, Lowell did a trace over a year ago.
Nothing else amiss. What's a subject access request demand please?
Agree Red are desperate. offering to halve alleged debt, but threatening to pay house call? Still confused, don't want scary people just turning up!

spacey2012

A SAR, compels them to disclose all information they have.
This should include copies of any credit agreements.
They can charge £10
This makes them disclose what they are hiding, dates and payments and will reveal if it is Statute barred.
Once you establish it is, send them a letter to the effect and Ignore everything else.
If they send doorsteppers, just shut the door in their faces, call the police and ask them to remove them for trespassing and to warn them they must not return as they are causing you alarm and distress.

Tixy

I would start with the SB letter for the one you know is yours - chances are it will clear things up and mean you won't have wasted £10. If for any reason they don't back down then you could consider a Subject Access Request under the data protection act as a later option.

If you are disputing the debt with Barclays is anything to do with you then don't send a SAR.

If the red debt is statute barred, unpaid for many years and only for £100 or so then its very unlikely anyone will call at your property, more likely just a threat than actually going to happen. But as spacey says, if it does happen just tell them to leave and close the door. If they did refuse to leave (which they won't) then you could call the police.