HELP! - Re: The 6 year rule....

tinalives

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idiot_3

face facts and pay what you owe?

Willsnarf1983

i agree with idiot, if u owe the money then u shud pay it back if you can

Will

ceegee

Yep, pay what you owe.

tinalives

...............

ashmit

tinalives, sounds like it must be stressful for you.

how are you doing with paying back the rest of your debt? is it going to be a long time before you're clear? is there any flexibility in your budget to make token payments to barclaycard?

are you just clearing the rest of your debts on your own or have you got any agreements in place?

I would get along to the CAB pronto and see if they can help.

Good luck.

tinalives

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BWZN93

You might want to be careful by paying the debt tbh - check your credit reports first and see if it is on there. A practice in the usa that has come over here is companys buying the debt for pennies (they wont have recently bought it from Barclays - it will have been swimming around a few debt companies for years by now) and then using high pressure tactics by telephone etc to force people into paying - and the money does not go back to Barclays - it goes to the company themselves.

Incidentally - it would appear that a lot of old barclays debts come up this way - and to pay it now can have an effect on your credit report. If they call you, initially, do not acknowledge that the debt is yours, and ask them to forward all the information they have by mail, as that is the only way to deal with them.

The article I link to is an american article, but equally applies here:

http://moneycentral.msn.com/content/Savinganddebt/Managedebt/P74812.asp


This happened to a friend of mine last year. She had a small overdraft with the company, and didnt pay it back, at around a similar time, in 1999. They sent a letter demanding the money within 7 days or they would go to court. She paid immediately, as they were threatening the same on the phone, and stated that they had all the information about her, and knew it was hers.

At a similar time, an acquaintance of mine had a very similar incident, the 7 days or court letter, regarding a £79 o/d balance that never got paid off. He had since moved, and told them on the phone that he would deal with this only in writing, and requested all the information they held. He got a few more phonecalls, and he did not respond when they announced who they were, just simply put the phone down. He got a few letters, each time, never including the proof of exactly what the debt is, e.g barclays statements, a signed credit agreement etc. He checked his credit reports, and nothing was there. He called Barclays, and they told him the debt had been moved to a company years ago, and was now longer their concern. The debt collection company still never sent the proof.

In the letter, every time he wrote to them, he stated that he wished to see conclusive evidence that the debt was his, and always stated that 'this letter does not constitute ownership of the alleged debt'. After a few more letters, he sent recorded delivery, a letter stating that as no proof had been furnished, he did not own the debt, and that he regarded the matter as closed. Any further contact would be classed as harrassment, and would refer everything to a solicitor should he be contacted again. They never contacted again.

If the company is legitimate in trying to recover the money on behalf of Barclays, then they will have the proof required to show you that the debt is yours, and that you should pay it. If they are simply buying a list of names, last known addresses, reference numbers and outstanding balances, then no, I wouldnt do it.

As I said, read the article, and be careful, as they may attempt to strike at your credit report, so find out the information, and see the CAB or someone. Even calling the credit report company can give you a lot of information on the legalities, and exactly what the collectors are allowed and not allowed to do with respect to putting the debt on your credit report.

Sorry is this seems a little garbled, and I appreciate the posts put by other people saying pay it, as I too, advocate paying your debts, but sometimes, you need to be a bit more wary.

HTH

Jo xx

COS

jw1096 wrote:

You might want to be careful by paying the debt tbh - check your credit reports first and see if it is on there. A practice in the usa that has come over here is companys buying the debt for pennies (they wont have recently bought it from Barclays - it will have been swimming around a few debt companies for years by now) and then using high pressure tactics by telephone etc to force people into paying - and the money does not go back to Barclays - it goes to the company themselves.

Incidentally - it would appear that a lot of old barclays debts come up this way - and to pay it now can have an effect on your credit report. If they call you, initially, do not acknowledge that the debt is yours, and ask them to forward all the information they have by mail, as that is the only way to deal with them.

The article I link to is an american article, but equally applies here:

http://moneycentral.msn.com/content/Savinganddebt/Managedebt/P74812.asp


This happened to a friend of mine last year. She had a small overdraft with the company, and didnt pay it back, at around a similar time, in 1999. They sent a letter demanding the money within 7 days or they would go to court. She paid immediately, as they were threatening the same on the phone, and stated that they had all the information about her, and knew it was hers.

At a similar time, an acquaintance of mine had a very similar incident, the 7 days or court letter, regarding a £79 o/d balance that never got paid off. He had since moved, and told them on the phone that he would deal with this only in writing, and requested all the information they held. He got a few more phonecalls, and he did not respond when they announced who they were, just simply put the phone down. He got a few letters, each time, never including the proof of exactly what the debt is, e.g barclays statements, a signed credit agreement etc. He checked his credit reports, and nothing was there. He called Barclays, and they told him the debt had been moved to a company years ago, and was now longer their concern. The debt collection company still never sent the proof.

In the letter, every time he wrote to them, he stated that he wished to see conclusive evidence that the debt was his, and always stated that 'this letter does not constitute ownership of the alleged debt'. After a few more letters, he sent recorded delivery, a letter stating that as no proof had been furnished, he did not own the debt, and that he regarded the matter as closed. Any further contact would be classed as harrassment, and would refer everything to a solicitor should he be contacted again. They never contacted again.

If the company is legitimate in trying to recover the money on behalf of Barclays, then they will have the proof required to show you that the debt is yours, and that you should pay it. If they are simply buying a list of names, last known addresses, reference numbers and outstanding balances, then no, I wouldnt do it.

As I said, read the article, and be careful, as they may attempt to strike at your credit report, so find out the information, and see the CAB or someone. Even calling the credit report company can give you a lot of information on the legalities, and exactly what the collectors are allowed and not allowed to do with respect to putting the debt on your credit report.

Sorry is this seems a little garbled, and I appreciate the posts put by other people saying pay it, as I too, advocate paying your debts, but sometimes, you need to be a bit more wary.

HTH

Jo xx

I would like to congratulate you on a sensible and helpful reply unlike some of the others on this page. You are correct that the debt may no longer be with Barclays but with some scamming firm who will do anything to get the money back to the point of badgering dying people just because the names the same or the elderly for that matter.

Simply if there has been no contact with you after six years the courts generally rule in your favour.

Willsnarf1983

ok maybe i was slightlly harsh but i still believe that if u borrow you should try and pay everything back.

Will

delboypass

you said your last payment was mid 1999. its only mid 2005 now so still within 6 years...

And the other advice about not payint - That was over a £75 pound debt where tehe firm probably said it would cost more to go to court than to recover it. I dont think they would think twice about £2700