loan from Barclays to friend Mackenzie Hall payments correct?

[SiBaY]

As I have been getting some great help from this site regarding my old debts, I thought I would ask here on behalf of my Daughters Mum regarding a debt she has been paying that I think was maybe statute barred BEFORE the DCA started taking payments from her. I am thinking they tried their luck and hit the jackpot with her.

 

Around early 2002 (She is looking for old statements today to confirm date) She was offered a loan from Barclays which she agreed to, she made a few but not many repayments to the loan but stopped due to losing her job and then having our daughter which meant she couldn't afford to keep up the repayments.

 

On 01/09/2008 Mackenzie Hall took on the debt of £7,375.94 and took her first repayment on 10/10/08 of £40.

Since then, they have taken the following payments:

 

Statement Page1

Date Type Amount Balance

10/10/08 Payment 40.00 7,335.94

09/12/10 Payment 40.00 7,295.94

06/01/11 Payment 40.00 7,255.94

03/02/11 Payment 40.00 7,215.94

03/03/11 Payment 40.00 7,175.94

31/03/11 Payment 40.00 7,135.94

28/04/11 Payment 40.00 7,095.94

26/05/11 Payment 40.00 7,055.94

23/06/11 Payment 40.00 7,015.94

21/07/11 Payment 40.00 6,975.94

18/08/11 Payment 40.00 6,935.94

15/09/11 Payment 40.00 6,895.94

13/10/11 Payment 40.00 6,855.94

10/11/11 Payment 40.00 6,815.94

08/12/11 Payment 40.00 6,775.94

26/01/12 Payment 40.00 6,735.94

23/02/12 Payment 40.00 6,695.94

29/03/12 Payment 40.00 6,655.94

31/05/12 Payment 40.00 6,615.94

 

Am I correct in thinking that providing she made no more repayments from 10/10/2002 at the latest and because the first one to MH was 10/10/2008, that this debt would've been statute barred before they started taking money from her? Which would mean they have been obtaining money erroneously?

 

My next dilema is, what should be the next steps we take regarding this?

 

She has already checked her credit file and there is no reference to this debt at all, no defaults etc and it doesn't show on there that she owes anything.

 

I only found out about this from her yesterday when I mentioned my debt that I'm trying to sort out.. She has been bullied by these people for almost 4 years, she said they ring her every week demanding that she checks she has enough money in her account for them to take, they have her debit card details and can take money basically whenever they wish. Last week she was apparently threatened with Bankrupcy and Door Step Collection.. She is a very small, shy girl with 3 young children in the house and shes now terified when the doorbell goes. She is also the mother of my daughter so I would love to get this solved for her, I know it would be a huge weight off her shoulders.

 

Thanks in advance for any help you can offer

[BRIGADIER2JCS]

Hi unfortunately if a debtor has not informed

the creditor/DCA that a debt is statute barred

then any payments made are treated as ''gifted''.

This is because the debt is not extinguished but

exists and the liability remains.

 

If you can prove that the debt was statute barred

before payment started then I believe she can stop

payment, any letters should be addressed to their

compliance manager.

[andrew1402]

don't pay anymore and take them to court and a nice letter stating barred don't worry they can't do anything there the ones that should be worried

[cerberusalert]

Unless she declared that the debt was SB they are still entitled to claim payment. Any monies paid before then would be seen by a court as a 'gift' from her to them unless it could be proven that a fraud had taken place. This would be very difficult & could possibly leave anyone who states a fraud had taken place without proof open to a civil action of libel.

 

As it stands, although the debt may be SB it still exists although it cannot be enforced through a court.

[BRIGADIER2JCS]

don't pay anymore and take them to court and a nice letter stating barred don't worry they can't do anything there the ones that should be worried

 

If you read my post above you will see that this is not as simple as you think.

When debts are sold is almost certain that there is the absolute minimum of

information provided and the DCA/Debt Purchaser will not know the status of

the debt.

 

Recent ICO technical guidance now states that SB debt

should not be sold without informing the purchaser of the

status of the debt.

[dx100uk]

As I have been getting some great help from this site regarding my old debts, I thought I would ask here on behalf of my Daughters Mum regarding a debt she has been paying that I think was maybe statute barred BEFORE the DCA started taking payments from her. I am thinking they tried their luck and hit the jackpot with her.

 

Around early 2002 (She is looking for old statements today to confirm date) She was offered a loan from Barclays which she agreed to, she made a few but not many repayments to the loan but stopped due to losing her job and then having our daughter which meant she couldn't afford to keep up the repayments.

 

On 01/09/2008 Mackenzie Hall took on the debt of £7,375.94 and took her first repayment on 10/10/08 of £40.

Since then, they have taken the following payments:

 

Statement Page1

Date Type Amount Balance

10/10/08 Payment 40.00 7,335.94

09/12/10 Payment 40.00 7,295.94

06/01/11 Payment 40.00 7,255.94

03/02/11 Payment 40.00 7,215.94

03/03/11 Payment 40.00 7,175.94

31/03/11 Payment 40.00 7,135.94

28/04/11 Payment 40.00 7,095.94

26/05/11 Payment 40.00 7,055.94

23/06/11 Payment 40.00 7,015.94

21/07/11 Payment 40.00 6,975.94

18/08/11 Payment 40.00 6,935.94

15/09/11 Payment 40.00 6,895.94

13/10/11 Payment 40.00 6,855.94

10/11/11 Payment 40.00 6,815.94

08/12/11 Payment 40.00 6,775.94

26/01/12 Payment 40.00 6,735.94

23/02/12 Payment 40.00 6,695.94

29/03/12 Payment 40.00 6,655.94

31/05/12 Payment 40.00 6,615.94

 

Am I correct in thinking that providing she made no more repayments from 10/10/2002 at the latest and because the first one to MH was 10/10/2008, that this debt would've been statute barred before they started taking money from her? Which would mean they have been obtaining money erroneously?

 

My next dilema is, what should be the next steps we take regarding this?

 

She has already checked her credit file and there is no reference to this debt at all, no defaults etc and it doesn't show on there that she owes anything.

 

I only found out about this from her yesterday when I mentioned my debt that I'm trying to sort out.. She has been bullied by these people for almost 4 years, she said they ring her every week demanding that she checks she has enough money in her account for them to take, they have her debit card details and can take money basically whenever they wish. Last week she was apparently threatened with Bankrupcy and Door Step Collection.. She is a very small, shy girl with 3 young children in the house and shes now terified when the doorbell goes. She is also the mother of my daughter so I would love to get this solved for her, I know it would be a huge weight off her shoulders.

 

Thanks in advance for any help you can offer

 

i would lay odds on your assumption being true.

 

nothign unusual there sadly,

 

thy know the cash cow tricks to pull

 

esp the weeky phone threats!!

to pile on the pressure to make them seem official.

 

pers, regardless of the if or if not SB'ed issue

 

i'd stop payments anyhow.

 

let them PROVE they are legally entitled to the money.

 

and get her card changed

 

and specifically inform her bank NOT to honour any more payments.

 

and stay off that phone!!

 

dx

[SiBaY]

Thank you for the fast replies, I informed her yesterday to go get a new bank card from her bank.

She isn't so fussed about the payments already made, she would much rather have the peace of mind that she doesn't have to deal with them in the future. So after advising her to not make any more payments, what should she then actually do? Because they're obviously not just going to walk away from a £7K debt are they?

[rameses_qc]

Unfortunately getting a new bank card probably won't stop the payments going out. You need to contact the bank and follow it up in writing (recorded delivery) telling them NOT to make any more payments to MH from the account

[brokebutnotbeatn]

You could write using the SB template letter edited to suit to advise that although payments were made from 10th october 2008 you have looked into the account and are writing to advise them that at the time the debt was already SB'd. Consequently you decline to pay anything further towards this debt.

[dx100uk]

sar the oc barclays

 

get the FACTS and the truth of WHAT has been going on

 

if they comeback and say

no documents available

thru time elapsed

 

then you pretty well know it was sb'ed

 

dx

[dx100uk]

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/s - it works!

 

banks MUST follow written intructions from their customers !

This fsa guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card

details to a company and authorise

them to take regular payments from

your account, such as for a gym

membership or magazine subscription,

it is known as a ‘recurring transaction’

or ‘continuous payment authority’.

These are often confused with direct

debits, but do not offer the same

guarantee if the amount or date of the

payment changes.

In most cases, regular payments can

be cancelled by telling the company

taking the payments. However, you

have the right to cancel them directly

with your bank or card issuer by telling

it that you have stopped permission for

the payments. Your bank or card issuer

must then stop them – it has no right to

insist that you agree this first with the

company taking the payments.

Be aware, though, that you will still be

responsible for paying any money that

you owe.

 

 

dx

[dx100uk]

IMHO yes

 

dx

[SiBaY]

Will Barclays still have info for her though? I don't think she has had the account with them for at least 8 or 9 years? Or is that the point? No info = no debt?

[dx100uk]

worth a try.

 

lets see what they have

 

dx

[dx100uk]

To be honest i do not know. Of course if they can not produce any details etc how can they prove it isn't SB

 

and its for them to prove its not sb'ed

 

not for you toprove it isnt!

 

dx

[brokebutnotbeatn]

I think the OP is fairly sure of the last payment being well before 10/10/02 so I would just go ahead with an edited version of the SB letter. They've been rumbled. Tough!

[citizenB]

If you are certain the account was statute barred at the time Muck Hall started pursuing, then you could possibly claim that payments were made under duress.

 

Which seems as though this might be the case if they are telephoning every week!!

[SiBaY]

So we think my best option would be to SAR Barclays and see if they have still kept any records of my account with them?

 

Should I in the meantime write to Mackenzie Hall and state that I believe that when they started collecting on the debt that it was statute barred

and that I wont be making any further payments until they prove otherwise?

[dx100uk]

i'd be demanding your payments back or see you in court soon, muckyhall!!

 

dx

[SiBaY]

i'd be demanding your payments back or see you in court soon, muckyhall!!

 

dx

 

You think we should try for that? Or at least inform them in a letter that she intends to? Even if it means they back off is good enough for her.

[dx100uk]

no intends to in it.!!

 

 

demand your money back

 

in a short sharp to the point letter

 

in as few words as possible.

 

having recently discovered that my debt number 123455678

was clearly already statute barred when you threatened me, unawfully,

with court etc etc if i did not start payng you.

 

i hereby give you 14 days to respond positively toward a full refund

of the monies obtained under duress from me by you using unlawful threats of court.

 

yours disgruntled customer.

 

dx

[Old Cogger]

Of course the use of threats which are unlawfully amounts to Harrasement which is an offence, so refund the unlawful enrichment. MH..

Edited June 2, 2012 by Old Cogger

[sillygirl1]

Now don't forget your complaint to the OFT and East Ayrshire Trading Standards, and if Mucky Hall don't play ball then complain to the FOS as well.

[SiBaY]

Blimey, so much to say to them lol

If anyone is bored, and fancies putting together a letter to send to them or just a rough draft, that would be great and I'd really appreciate it.. I don't wanna risk doing it myself and saying something I shouldn't and peeing them off more and then they take it out on her lol

[dx100uk]

post 23

 

dx