bloody barclaycard!

emmajh_2

right long story.....

about 7-8 years ago my hubby had a barclaycard with a large balance outstanding. he says hes sure he paid it all off. he then remained i nthe home that card was registered to for a further 2 years and during this time did not receive any more correspondence from barclaycard as you would expect if you'd closed an account!

However 2 months ago we had a letter from a DCA sayign that his debt had been sold on to another company! we rang them and after phoning several DCAs realised that debt had been passed through 5 different DCAs! However in al lthis time we have never received a letter from Barclaycard etc there is also nothing on my hubbys credit report about barclaycard or of any CCJs or defaults or missed payments.

So, we rang barclaycard and tried to explian the situation, they said they do not hold details on old accounts and could not find any record of my hubby.

Hubby has moved twice since living at address registered with barclaycard and each time has registered on the electoral role so i cannot udnerstand why we ahve not ehard anything.

The DCA that now hold the so called debt are now texting/phoning my hubby about the amount outstanding (which my hubby swears he paid off!)Hubby doesnt know what to do now, will the debt be cancelled as its so old?? if so why are the DCA still chasing us?? are main worry is barclaycard will not tell us anything and we are very concerned in case the DCA issues a default notice or CJ against my hubby, can you advise if the can issue a CCJ/default after all these years??? any help most appreciated, thank you

linniestorm

Hiya!

It's my understanding that a debt is statute barred if there is no contact between either party (i.e. them demanding payment from you) for six years, so they wouldn't have grounds to pursue the debt you mentioned above anyway. I'm sure somebody far more knowledgeable will be along in a sec, but I think you can send a 'Without Prejudice' letter, or some kind of wording not acknowledging the debt, asking for them to provide details of the original credit agreement between your hubby and barclaycard before proceeding, and most companies can't do that, which then means they have no proof with which to pursue you for the debt. There have been templates of those on here, someone will have a copy.

I think a lot of the time account details are snapped up by dca's for a pittance from the original company and they then go on fishing expeditions to try and make some money off the debts by scaring people in to paying up! But you might want to hang fire and get some other people's opinions, they might have a better way of going about it. Good luck!

emmajh_2

thanks for that any more offers of help???

also within the six years is it only signed written correspondence with DCA that counts as contact or does a phone call count as contact as well and therefore start the whole 6 year thing all over again?? I read on another site that it was only written correspondence signed by yourself that counted? cheers guys

theunknownstuntman

Pretty sure its written correspondance but I'm sure someone with more knowledge than me will be along in a bit to help out!

emmajh_2

sorry more to add is wasnt 7-8 yeasr ago it was i nthe year 2000 he had the card

fermi

It is acknowledgement of the debt by YOU in WRITING or by making a PAYMENT.

No phone call by either party count, not even if recorded.

There is a detailed explanation and even a letter to send in the link below;

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

And once a debt is Statute Barred it stays that way. Acknowledgement after the 6 years is up doesn't un-bar it.

theunknownstuntman

emmajh wrote: »

sorry more to add is wasnt 7-8 yeasr ago it was i nthe year 2000 he had the card

Doesn't matter hun. I DO know that once the debt has passed 6 years it's statute barred, so don't worry, I'll try and find the thread on here for you.

theunknownstuntman

Beaten to it by Fermi, thanks Fermi!!

emmajh_2

thank you all guys, you're so kind and helpful! I'm now about to beat my hubby about the head for causing me all this grief!

I wouldve thought though that this debt would show on his credit report any ideas why it doesnt??

squirrel_pigeon

Has he checked all 3 reference agencies? Some debts will show on different reports...

emmajh_2

we have checked experian and equifax whats the 3rd one??