Another BCW question

SouthCoast32

Hi all,
I was wondering if you'd be good enough to help, I'm stressing out a little here.
on the 19th of this month (May 2014) I received a letter from Buchanan Clark & Wells. With an address I've not lived in for at least 13 years, Saying 'we are trying to contact Mr {My Name} with regards to a private matter.'

This seemed a bit fishy to me, so I did a search and found BCW listed as a company on these forums, and basically to ignore them.
Today, on the 26th, I received a letter from Barclays, telling my my debt of 380 pounds has been transferred to BCW and I now need to contact them.

Now, I've not had an account with Barclays since I was a teenager (15 years ago) and I had no idea I had any sort of debt. My credit card is Natwest, along with my account which has never been in debt.

My question, basically, is what should I do? I'm prepared to pay the debt, if I actually do have one, but had read in these forums that acknowledging this debt is not a good idea if it's over a certain amount of time. Something about statute barred debts.
My logic is pretty simple, I've NEVER heard anything about this debt before, and even If I do have one, it would be at least 13 years old. I think they must have my current address as I voted recently, so guessing it's linked.

Any and all advice would be really appreciated.

Best,

double_mummy

was the letter from barclays a notice of assignment?
did you ever close the account with them?

either do nothing or send a prove it letter via recorded delivery - https://forums.moneysavingexpert.com/discussion/2607247

SouthCoast32

Hi, thanks for the reply.
Not entirely sure what a notice of assignment actually is. But the Barclays letter basically said 'the responsibility for collecting the debt owing on your account has been transferred to BCW'

I'll give Barclays a ring when they are next open, but their letter says they will no longer accept any further communication from me.

It's odd / shocking for me as this is the first I've heard of it.
I've never actually had a current account of anything with them, only thing I've ever had is a little savings account my parents opened when i was born. We're talking 30 years ago here.

fermi

Fishing letter from BCW, so unless they themselves write saying exactly what they are after I might ignore.

Even if they do at some point say, then something like this link should see them off.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

SouthCoast32

So this morning (31st) and I have a new letter. From BCW stating the amount and 'we have been instructed by Barclays Bank to recover the outstanding amount.

13 years and I've never heard anything... in the space of a week suddenly I get hammered.

that statute barred thing looks interesting, thank you for the template.
So it basically means that if it's not been collected within 6 years it's invalid?

fermi

Basically if you have not made a payment or not acknowledged the debt in writing for any period of 6 years or more, then the debt is statute barred and they must stop chasing it if you tell them that.

The debt still exists in a technical legal sense, but they are barred from court action, or anything else in practical terms.

SouthCoast32

Ok brilliant, thank you for the help
So nothing is actually wiped clean? So this would count against me in credit scores / mortgages etc?

Wondering if it's better just to pay it.

fermi

Can't go on credit reports, and unless a mortgage company asks "have you any debts left unpaid" not going to affect anything.

Your call.

Powered_By_Pies

What Fermi says.

Even for whatever reason it goes to court, a judge's first question is likely to be "why has it taken you 13 years to try and recover the debt?"

You might get some hairy letters from this lot - lots of empty threats like 'may', 'could' and 'might', including the threat of a doorstop visit, but that's unlikely to ever materialise. Even if they do turn up, they have no legal right or power to enter your property - only court appointed baillifs with the correct documentation provided by the courts have that power, and if that ever happens then they'd have had to prove the debt is definitely yours, that it's within the 6 year statute barred limitation period and that you're actively trying to dodge the debt.

My advice would be to file them in the bin. DCA's like this lot run their systems on a 6-month rotation - you'll get a few letters, if no contact's made they'll go quiet and then 6 months later the same letters drop through your letter box.

Certainly don't make any contact with them unless they send through categoric proof that the debt is yours. If that happens you can come back on here for more advice.

sourcrates

Powered_By_Pies wrote: »

Certainly don't make any contact with them unless they send through categoric proof that the debt is yours. If that happens you can come back on here for more advice.

13 years no acknowledgement, statute barred, end of, just write and tell them that, and its gone, done, finished !!!

SouthCoast32

Hi all,

Ok i'm getting pretty nervous now. I filled in that template linked earlier and sent it to the company mentioning the statute barred. That was a couple of days ago and no acknowledgement.
Since then my father has rung to say they spoke to him on the phone and i've received another letter from BCW basically saying;
'We wrote to you regarding the outstanding balance, and regret to note the amount is outstanding'
Along with notes from them on their 'support' (brilliant) and that they are in a position to escalate the matter.
They also note a limited period for me to respond or 'further recovery action will be recommended' including a debt investigation officer home visit etc.

Advice is extremely welcome.