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No letter or statement from bank re outstanding debt on closed account
jeblw1412
Posts: 1 Newbie
Some advice please!
I closed an account with Barclays in Nov 2018 and that was that.
Today, I received a statement as someone has paid some money into that account by mistake, instead of my current account. This is what triggered the statement.
The statement reflects I owed £260.18 and because of this payment, now owe £236.18.
I rang them to query this as I have received no statements or correspondence about this. I have no idea how I owe this money and they are unable to tell me themselves, other than suggest it was a payment I had disputed which had not been upheld.
They advise they corresponded with me May 2019, May 2020 and Nov 2020 but are unable to confirm if this was by post, email or the app. I deleted the app when I closed the account, have no emails from them (checked junk also) and am certain I did not receive a letter else I would have contacted them (as I have today. It is also not reflected anywhere on my credit file. They say they are unable to provide me with copy of the letters which they say were sent in 2019/2020. And now expect me to set up a payment plan to payback the money I apparently owe!
I have logged a complaint to understand what the money relates to and why I have not been sent any correspondence - including statements.
Couple of questions....
1. Given it has been more than 6 years - do I have to pay this? Even if I owe it?
2. Are they not legally obliged to have sent me statements during this period given I apparently owe them money?
Any advice and guidance would be amazing! Thank you!
I closed an account with Barclays in Nov 2018 and that was that.
Today, I received a statement as someone has paid some money into that account by mistake, instead of my current account. This is what triggered the statement.
The statement reflects I owed £260.18 and because of this payment, now owe £236.18.
I rang them to query this as I have received no statements or correspondence about this. I have no idea how I owe this money and they are unable to tell me themselves, other than suggest it was a payment I had disputed which had not been upheld.
They advise they corresponded with me May 2019, May 2020 and Nov 2020 but are unable to confirm if this was by post, email or the app. I deleted the app when I closed the account, have no emails from them (checked junk also) and am certain I did not receive a letter else I would have contacted them (as I have today. It is also not reflected anywhere on my credit file. They say they are unable to provide me with copy of the letters which they say were sent in 2019/2020. And now expect me to set up a payment plan to payback the money I apparently owe!
I have logged a complaint to understand what the money relates to and why I have not been sent any correspondence - including statements.
Couple of questions....
1. Given it has been more than 6 years - do I have to pay this? Even if I owe it?
2. Are they not legally obliged to have sent me statements during this period given I apparently owe them money?
Any advice and guidance would be amazing! Thank you!
0
Comments
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Does it appear on your credit report at all?
It would appear to be out of time to chase you for it.
On the other side I would have expected a statement in 2018 when the account was 'closed' - I would never assume an account is closed until I had proof.1 -
Avoid paying or admitting the debt (or contacting them in writing in a way that recognises it) until you have full clarity. i think i once read on this forum any payment or written admission could reset the limitation period? (not sure?).
In your complaint, make sure you request full documentation and proof from the bank: ask them to provide dated evidence showing exactly when and why the alleged debt arose (transaction breakdown, communications, default notices etc....) Without that, their claim may be weak.
They owe you £24 and so i would be pushing for the £24 back (worse case something along the lines of "You owe me £24, yet you have provided no information or explanation for the alleged £360.18 you say I owe you. As no evidence has been supplied, I suggest we agree to write both amounts off and close the matter".I have a tendency to mute most posts so if your expecting me to respond you might be waiting along time!1 -
singhini said:Avoid paying or admitting the debt (or contacting them in writing in a way that recognises it) until you have full clarity. i think i once read on this forum any payment or written admission could reset the limitation period? (not sure?).
In your complaint, make sure you request full documentation and proof from the bank: ask them to provide dated evidence showing exactly when and why the alleged debt arose (transaction breakdown, communications, default notices etc....) Without that, their claim may be weak.
They owe you £24 and so i would be pushing for the £24 back (worse case something along the lines of "You owe me £24, yet you have provided no information or explanation for the alleged £360.18 you say I owe you. As no evidence has been supplied, I suggest we agree to write both amounts off and close the matter".Yes - if you correspond about the debt in a way in that "acknowledges" it (ie. written correspondance), it can potentially reset the 6 year statute barred timer. If you are going to ask for information about the alleged debt, then send a "prove it" letter first. Most of the major debt councelling services offer templates you can use and they are specifically worded to avoid acknowledging the debt. Once you have copies of the information you requested, you can then respond with a statute barred defence once you're certain the debt is no longer enforcable.1
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