Repay an old debt?

Confused101_2

My husband is being chased by a collection agency for a £600 credit card debt he had at least 10 years ago (probably more like 12). Barclays havent contacted him for the last 10 years and he thought he had either paid the debt or it had been written off. The collection agency is threatening legal action..

Does anyone have experience of this type of thing, or know if he must pay this debt? Thanks

Bossyboots

I am sure there have been other threads where old Barclays debts are being chased up. I am sure the info was that they cannot chase them if 6 years has passed since the last communication in relation to the debt.

Hopefully someone who knows the answer fully will be along soon to clarify.

skylight

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

Try here - there are sample letters at the bottom of the page - one of them is writing to the creditor if they are chasing a debt after 6yrs.

Might help

Harassed_2

In a word, NO. The debt is statute barred under the Limitation Act 1980. The DCA is probably a debt buyer chancing their arm. Suggest you respond with the letter below.

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully

(Your signature)

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Xbigman

What company is it? Several companies have been mentioned in recent threads as buying up old debts and trying to harass a payment out of people.
Regards




X

Confused101_2

Thanks for the links. I'll write as suggested.

The company is called Global Debt Recovery, based in Surrey. They contacted us initially as The Winged Messenger, but are in fact the same company.

Harassed_2

Well known chancers. Buy up very old debts and try to con gullible people that can take them to court. Send that letter by Recorded soonest.