Internal transfer, statute barred? career develop loan, creditcard

Expatvc

Hi I need easy advise as i have put myself in deep debt I cant get out of...

1. I got a barclays career development loan in 2005 to study, I finished the short course but not taken all my exam, the loan was about £4000. I started working part time and immediately started paying a little back before necessary as I dont like debts.

2. In 2007 I got a barclaycard credit card as my part time work was stable and I felt I could build good credit for my future so I easily cleared it every month while also paying in a little on the career loan. Things changed as my health went downhill as I have a genetic disorder. P.s. I also have my savings all banked at barclays!

3. Late 2008 I started to feel the debts getting above my head as I was now home unemployed, I managed to get free time to pay the career loan, but the barclardcard I felt I should try and get all the insurances taken off that I felt was unnecessary fees but very few was taken off (ppi cpi was not taken off I was told its not possible)!!

4. My health went downhill and my family decided to send me away late 2009 as I am a dual citizen of my parents birth country. 2009 is my last recollection of when I last may of used or paid any of my debts. I have returned to uk 2016.

Barclays career development loan was sent to lowell debt collector, they sent a letter 2016 to say that they have closed the account. I personally have never had any contact with them as I was away but they did regularly phone my home when I was away. The amount that was left to pay has been send back to barclays and they now send monthly letters along with my general bank account statment summary (everything was paperless before), it has just under 1000 to pay. I dont know how much money I left in my barclays saving when I left but I have currently £20.

Barclaycard debt (£3000) was send to hoist hph2 but at some point it was sent over to robinson way. I also have never had any contact with them as I was not here but have some of the letters that my family kept (rubbish postmasters). Recently I received letter from howard cohen the solicitors for robinson way to say they are looking to ccj me, so I send a letter of statue barred, robinson way responded with 2 seperate letters the first to arrive was so say that they are willing to take 50% to close the debt and the second letter to arrive says my account is not statute barred as to date 28 February 2011?

How can this be! I have not been in the country. Could it be that they did internal transfer from my savings account from 09 to 11. I dont think I had much money in my saving account when I left and if the career loan would of had the most access to my savings how could there be money for the credit card ? Or could the transfer from hoist to robinson way of been in 2011 and that refects some type of transfer payment?

Still unable to pay either career loan and or credit card. Would be very grateful for help an guidance.

Arleen

Sorry to hear about your troubles, hope that you are better now?

The statute barred is counted against the time account went into a default if there was no acknowledgment of the debt since. It may have very well been that they have defaulted the account only in Feb of 2011, which means that they have a whole month to bring this to court. Get a copy of your statutory credit report from all 3 CRA's (https://www.gov.uk/government/news/credit-reports-available-online-for-all-consumers) and see details of the accounts there.

They couldn't take money from your accounts. Not without first going to courts and then enforcing the judgment. And if they did, they would take all they need to satisfy the debt, so it's borderline impossible to be the case. And even if that happened, for some bizarre reason, that wouldn't refresh the counter.

dieselv2

I think they can if same company hence why StepChange told me to change my bank ASAP.???

sourcrates

Hi,

As usual they are probebly stating the default date, rather than the date the relationship between you broke down (cause of action date).

It's likely your last payment was way before this.

Stick with your statute barred defence, if they should take you to court, then statute barred is a full defence to that action.

You don't have to prove anything, the onus is on them to prove it's not SB.

They may attempt to lie to you but lying to a court is a different matter altogether.

MrsTinks

Arleen wrote: »

S
They couldn't take money from your accounts. Not without first going to courts and then enforcing the judgment. And if they did, they would take all they need to satisfy the debt, so it's borderline impossible to be the case. And even if that happened, for some bizarre reason, that wouldn't refresh the counter.

If you have a debt and savings with the same bank or banking group then yes they can use one to off set the other. This is perfectly legal and permitted.

OP - as Sourcrates says - stick with the Statute barred defense, I think this is your best course of action at this state.

sourcrates

"Most banks have the right to transfer cash from your bank or savings accounts to pay off other debts held with them, such as credit cards or loans. It's known as the right to "'set-off", or to combine accounts. It WON'T happen to most people, but those struggling financially must be wary and prepare".

Setting Off: Know Your Rights - MoneySavingExpert
https://www.moneysavingexpert.com

Expatvc

sourcrates wrote: »

Hi,

As usual they are probebly stating the default date, rather than the date the relationship between you broke down (cause of action date).

It's likely your last payment was way before this.

Stick with your statute barred defence, if they should take you to court, then statute barred is a full defence to that action.

You don't have to prove anything, the onus is on them to prove it's not SB.

They may attempt to lie to you but lying to a court is a different matter altogether.

:T
the letter does say " not statute barred as the account default date was the 28 feb 2011." I responded with the 'time has run out to recover a debt template ' from national debtline. hopefully this will close the situation cause I really dont want any court action to me.

Do you think I should apply to get back ppi, as i know I had it, just was not allowed to remove it from the account after the 1month trials ended.?