red debt collectors-help 14 year debt

[sunnyjools]

Help, I thought I could do this myself but need some help now please, my other half started getting letters in Jan from Lowell, regarding a debt they said was owed to Barclaycard, they traced us from an address we were in 8 years ago, we have since moved 3 times, all this time no contact.

We did ring them before we read this site, dont worry we didn't give them info only stupidly to say that we now live here.the only info ah got was that it was for a debt owed from 14 years ago, now we cant remember having a credit card then, as ah has never had a credit card.

Since then we have ignored numerous letters from red, I have sent the first template letter stating we have now knowledge of this debt in Feb,had a reply quoting accounting number and last amount paid but no date.

We are now getting letters every 2 weeks and now phone calls, 2 today, I answered the first one,no info given, but will not answer anymore.

If ah did owe anything why didn't Barclaycard contact us 14 years ago.

Sorry this is a long thread but now at a loss what to do.

Thanks for any replys, jools

[Rooster-UK]

If you have not had any contct or admitted the debt for more than six years, the debt is statute barred. They cannot collect it, so don't make any offers to them.

[maroondevo52]

Hi, sunnyjools.

 

Totally agree with Rooster.

 

Here's some info on Statute Barred debts.........

 

IHTM28384 - Law relating to debts: statute-barred debts

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

in simple contracts, 6 years

in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

Letter 'M' in the Templates Library is the one you want.

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

 

The Limitation Act stipulates that when a debt is statue barred, the creditor is unable to obtain any county court judgment to recover the money from you. In accordance with this, the Office of Fair Trading (OFT) has issued a document called 'Office of Fair Trading's Debt Collection Guidance. This states that a creditor is not able to pursue somebody for a debt that is statue barred once the debtor has claimed that the Limitations Act applies, if they continue they would be effectively causing harassment and you may proceed to make complaints to the FOS and OFT.

 

 

Regards.

 

Scott.

[Rooster-UK]

Click on the following link.....

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-162366.html

 

The letter you need is LETTER M.

Copy this letter into your word processor and amend the sections in red to siut your own application.

 

Then send it to whoever writes to you regarding this debt.

 

Please keep us informed regarding your progress.

 

Regards, Rooster.

Edited May 20, 2008 by Rooster-UK

[sunnyjools]

Thanks for your replys, I knew someone would help,

 

I will send template letter M, this is just the right letter.

 

Let you know if/when we hear anything more

 

Jools

[rory32]

Send the letter recorded delivery.

[rory32]

Forgot to say that Lowells specialise in statute barred debts. If they contact you again let us know. You must report them.