15 tear old credit card debt still refuses to go away

marple_2

I posted a thread on here back in November 07, as a Debt Collection Co had bought an old debt from Barclaycard.A debt which I had been paying off with a payment book to Barclaycard and I was told by a member of Barclaycard staff that it would prob be written off as I was only paying £10 per month, and this all started back in 1993.I carried on paying with the book until 2000, when I moved house and I had my post redirected for a year and after the book ran out didnt hear from Barlclaycard or anyone else till Nov 2006.They were Lowell Financial, a name which I know keeps cropping up.They have now engaged the services of a company called RED Debt collection services and I wrote and asked them to provide a copy of the original Consumer Credit Agreement on 11 November 2007, including a full breakdown of account including interest charged etc and enclosed my £1 fee and understood they had to do this within 12 working days.Apart from an acknowldgement in November saying they had noted my request, they did not write back to me with anything else until today 11 march 08.They have sent me what looks like the copy of an original agreement but no breakdown of account or interest charges and certainly not within the 12 days.They just keep saying I owe the full amount and want payment within 7 days, how do I stand now? I look forward to receiving your comments

NickX

There is a possibility that this debt is unenforceable. As 6 years passed from 2000 to 2006 it was very close to being "Statute Barred".

I am not clear whether you actually admited any liability for the debt when you spoke to Lowells back in 2006. If you did then unfortunately that negates the "Statute Barred" status.

Do no let their aggressive threats and demands upset you - this is how Debt Collectors operate. Keep everything in writing and demand that they reply in writing, numerous telephone calls could quite easily be deemed as harrassment.

I think you need to take all the paperwork to an expert, perhaps at the CAB. They will be able to advise whether the debt is enforceable and if this is the case then they will be able to negotiate with them on your behalf.

Remember that the Debt Collectors can huff and puff all they like, but until the County Court makes a judgement they have no legal rights and if you feel threatened you are within your rights to report them for harrassment.

GeorgeUK

Blimey - that took long enough.

Alot of times, DCA's supply only an application for when people ask for the CCA (did you also ask for the deed of assignment?)

There are some details that must be on a CCA for it to be deemed legal
http://forums.moneysavingexpert.com/showthread.html?p=6815188&highlight=weller711#post615188

Weller had a post with the details, but i couldn't find it for a while.

When you wrote requesting the CCA, did you sign the letter?
Some DCA's have made use of photoshop in the past to create documents.

If you have not made any payments to the debt, and not acknowledged the debt IN WRITING within 6 years of the last payment, then the debt is statute barred.
Here's another link - i think it has a template letter somewhere on it for statute barred debts.
http://forums.moneysavingexpert.com/showthread.html?t=578486

NickX

This one does need an expert eye, but my gut feeling is that they know the debt is either "statute barred" or unenforceable and are trying bully boy tactics as a last chance to get paid.

I would not advise admitting any liability to the debt until you find out for sure what its legal status is.

Even if it turns out that it is enforceable, then after all this time I would expect them to accept a vastly reduced Full and Final settlement figure (perhaps 30%).

Good Luck and let us know how you get on.

marple_2

I didnt ask for a deed of assignment as well as Ive not heard of that, but I did sign the letter asking them for a copy of the CCA but I didnt use my normal signature in case they copied and pasted it onto a made up CCA.

fermi

marple wrote: »

I didnt ask for a deed of assignment as well as Ive not heard of that, but I did sign the letter asking them for a copy of the CCA but I didnt use my normal signature in case they copied and pasted it onto a made up CCA.

They are only required to supply a copy of the "deed of assignment" if it goes to court and it is required to prove the assignment of the debt for this.