Old debt back to haunt us.

amg4jag

Hi Guys,
Hope someone can help. Ten years ago before i met my wife she had debt problems with credit cards. In the end they all went to CCJ's and all of those are now satisfied and are no longer on her credit file. As a couple we are in debt again and are sorting our selves out now. The problem is that yesterday my wife got a letter forwarded by her mum from a collection company saying that they have bought a debt from Barclaycard for £900 and want it paid. It dates back some ten years. My wife has no paperwork for it and the company have not supplied any so my wife has requested further comfirmation. The company say that Barclaycard issued a default at the time. Surely the default would be registered on her file. My question is that if all her debts went to CCJ's and her file up til present times was clear, have the company got any claim ten years on? Since then my wife has had another Barclaycard without a problem (until now).
If someone could clarify this we would be grateful.
The company also asked if we wanted to report that the £900 was fraudulently borrowed by someone else. My wife does not remember having this debt.

Al

rog2

If this 'alleged debt' is 10 years old, then your wife does NOT have to do ANYTHING. Providing she has not made a payment against, or acknowledged, in writing, the 'alleged debt' for a period of no less than 6 years, it will be covered by the Limitations Act, 1980, and is almoast certainly 'statute barred'. This means that the creditor, or his agents, will no longer e able to pursue this debt once your wife has told them that it is statute barred and that she will not be paying it.
In my opinion, the question of possible fraud, as mentioned by the debt collection agency, is a ploy to get your wife to 'recognise' the debt.
It is up to the Debt Collection Agency to prove whether the debt was genuine or not.

Go to: http://nationaldebtline.co.uk/england_wales/debt_advice.php#6 and there you will find a selection of template letters. Click on the letter 'where you dispute your liability for a debt where a creditor has not contacted you for six years.
Simply send them this letter. Don't get involved with the question of 'fraud'.

RAS

Rog2 is right.

It is amazing how frequently DCAs suggest to people that they report fraud if they claim the debt is no longer payable/they do not know about it. I am beginning to suspect that it is part of the standard spiel on the training pack.

Given that the police will not record a crime reported by a card user if a fraudulent has taken place these days, it is a bit of a useless suggestion. Presumably, it is designed to frighten people.

amg4jag

Thanx for your replies. I though this might be the case but wasn't sure where to look. Have informed the wife not to do anything yet and we'll get the template letter from the National debtline sent asap.
Thanx again

Al