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

BWZN93

I would wait for a response from your letter no 2 - if they same the same about the data protection act - they are talking crap - and dont send them your documents!! They could just say - yes it is yours - and they cant show you cos of data protection!! Madness!! Again, wait for another letter, it is likely to the be the same nonsense, then write to them and say in that case, as you wont show me proof so I can check it against me records then im sorry, i do not accept any responsibility for that debt and any further contact will be classed as harrassment. They are unlikely to send collectors just yet as the lines of communication are open.

I do agree with what others have posted - and good luck!

Jo xx

zzzLazyDaisy

Good advice from Jo. I'd wait till the 28 days are up (give it an extra couple of days on top) then write back in the terms Jo suggests.

zzzLazyDaisy

Good advice from Jo. I'd wait till the 28 days are up (give it an extra couple of days on top) then write back in the terms Jo suggests.


Daisy x

BigDan_3

How would you stand if you had already begun making payments?
Could you then ask for proof the debt is yours?

BWZN93

BigDan wrote:

How would you stand if you had already begun making payments?
Could you then ask for proof the debt is yours?

I really dont think that is a possibility, simply because you have at some point acknowledged that the debt is yours and have arranged a payment plan. There is a get out clause if you have a catalogue debt which is to request a signed credit agreement - many catalogues cant provide it as there never was one - however - morally, I feel that this is wrong.

In the initial circumstance the OP's debt has been passed around debt collection agencies for less and less each time, and I personally feel that as they were not instructed by the creditor then they shouldnt be allowed to force/bully payments out of people when the 6years limit is almost there, to me thats wrong!

HTH

Jo xx

P.S - Welcome to MSE by the way!

tinalives

Quick update:

As yet I've had no further communication from the collection company.

Also, the other day I raised a query with Experian, stating that the company were unwilling/unable to provide evidence that the debt is mine.

As yet I've had no response.

tinalives

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

bbruce

A very interesting thread with a variety of opinions and twists. I shall follow it with interest to it's conclusion.
This last letter from them could be a little ominous though as they are playng their "nice guy" card - make sure you don't drop your guard. Sorry I can't add more to the excellent (and probably sufficient) advice you've been given above.
Along with most contributors, I don't advocate borrowing without intending to repay. However, once the debt is sold on, the original owner will not benefit further. I imagine the success of the second or subsequent owners dictates the selling price so if they get money out of you, Barclaycard may get more for future debts they sell which may benefit it's customers.
My heart says "string along these no better than Cowboy Clampers until they give up" but my head says "they may have caught the debt in time but will accept a deal".

Thefunkygibbons

If in doubt do not reply to further letters without advice as it is possible that such letters could restart the 6 year clock again

The debt company are playing a numbers game

Try 100 old debts and hope to win on 1 of them

Try to make sure it is not you

Luvly.cuppa.T

Having followed this with great interest and that bit wiser for it, I would like to say, DO NOT GIVE ANYTHING BACK TO THEM! In way of DOB and signature!! They themselves are looking into Barclay's archive, so leave it to them to fish anything out- if it exists! (and like they really are looking into the archives....it's just a fightner on you.)
Write a letter to acknowledge their last letter, and that you happily await the archive search outcome. In the meantime you will not be 'passing out' your details, as 1) there is no need with the Barclay's archive and 2) you don't really fancy dishing that out to strangers, with the possibilty of fraud.

If you wish to put a time limit on them, then do so.

Also I think that even if they manage to pull something from the Barclay's archive, you may need to question it thoroughly.

Good luck!