Moorcroft 3 July at 1:20PM in Reclaim Bank & Credit Card Charges 7 replies 88 views

Brian2020

Hi All, I've had the dreaded letter from Moorcroft about a debt I owe to Barclays. Its from a domant current account from 12 years ago. I lost my job and house during the financial crisis of 2008 and this account which was overdrawn by £30 dropped off the radar. Barclays have been sending letters to the old address for the last 12 year and not getting a reply. The account has been in-active for the time period. They've now closed the account and passed a debt of £1700 onto Moorcroft to collect.  These are the charges for the last 12 years. They've been applyin a £25 charge every month which obviously I'm not aware, if I was aware I could have dealt with it. I don't think its reasonnable to attribute debt to someone who is unaware its happening. To leave this for a period of 12 yrs seems excessive. Surely Barclays have a duty to at least try to find people. Its not that difficult, you can use electoral register, HMRC etc and apparently they don't do that.

So my questions are.

Have Barclays made reasonnable attempt to find me to advise me of th debt? If you google my name my address and phone number up.

Are these charges unreasonnable?

I'm going to refer the matter to the FOS anyway to see what they say. Do you think they'll find any wrong doing on the side of the Bank?

TBH I thought Id closed all my accounts with Barclays but dont have any proof.

Cheers

zx81

Is the £25 charge in line with the terms of the accounts? 

It's reasonable for Barclays to use the last address you gave them.

If you're nice to Barclays, they may accept a lower settlement figure. Apologise and say you forgot to update them and see what they say,

-taff

Or ignore it because it's statute barred. If you're not sure, ask on the debt free wannabe board but if you haven't acknowledged the debt in six years, poof, statute barred. Moorcroft are trying it on.

Brian2020

I think the monthly charges are interest.

I've not acknowledge the debt in 12 years, obviously be I thought my accounts had been closed.

What is statute barred.

Should I send the standard "proof of debt" letter back to Moorcroft?

Brian2020

I've looked into Statute Barred and there's a standard template letter, should I send that to Moorcroft.

I haven't admitted to owning the bedt in 12 years let alone 6.

Essentially, I didn't borrow £1700 from Barclays, I borrowed £30 12 years ago. I think its reasonnable to think someone does not live at the address you are sending letters to and its very easy to look at the land registry to see who lives there. If the banks dont have a department that does that thats their problem not mine. I use Land registry all the time. You can also use the ellectoral register to find people.

normanna

Why should they go to the effort of finding you when you didn't go to the effort of advising them. 

-taff

Well, you can send them the prove it letter or the statute barred letter. Beware, sometimes, to avoid it being statute barred, sometimes they will invent a payment you made. Ask on the debt free wannabe board for more info, ask for which is the best approach. Perosnally, I'd send the statute barred but potentially the prove it letter may be better, I don't know.

adamp87

Send the prove it letter as advised 
https://debtcamel.co.uk/prove-it/

Or you could send the SB letter if you are 100% confident you’ve made no acknowledgement or payment in the last 6 years.

There’s probably an issue with the debt being unenforceable somewhere being that in those 12 years you’ve never had a backdoor CCJ processed either. 

I wouldn’t be sending anything to the FCA either, you’d have to complain to Barclays first but either way you can ignore this debt by your assertion of the time. Statue Barred means you still owe it but legally you don’t have to pay it back. They can ask you & you can refuse.