Barclays Loan: Updating of Records

[julian1968]

Hello

 

I have a friend who has lived in Malaysia for around 5 years. Recently she received a letter in Malaysia from Buchanan Clark & Wells acting for Barclays to chase an outstanding loan amount. She was unaware of this debt and as she asked me to help out.

 

I live in here old flat (she still owns it) and Barclays would have this address on file. I wrote a request for Section 77/78 of the Consumer Credit Act to get the information needed. A letter went to Barclays and Buchanan Clark & Wells.

 

Buchanan have replied to say account on hold and they have asked Barclays to supply the required info.

 

Barclays have written to the UK address saying that the address the UK address is not the same as the address they have on file and ask that my friend go to branch to 'update address and signature'

 

As my friend Lives in Malaysia and does not intend returning she will not be going to branch.

 

I am also sure that as the bank have written to the UK address then this may be counted as updated on their files.

 

I'm also not sure if asking for signature is because they don't have one on file.

 

I am looking for a bit of a steer on what my next steps should be please.

 

Thanks

[filrobbo]

Sounds like a phishing letter to me I would leave it egnore and see what happens.

[slick132]

Hi Julian,

 

As long as you can monitor any post about the alleged debt at the UK address, you should be ok.

 

If they pursue the matter, you may have to get YF to sign a CCA request letter confirming the UK address. However, the bank may still want YF to go into a branch with proof of ID.

 

But they can't write to the UK address to make demands, and then refuse to send letters about the alleged debt to the same address.

 

[julian1968]

Thanks both for the replies.

 

Slick, When you say monitor post at UK, you do mean that I can get all mail on behalf of my friend at the UK address now given to bank or did I mis-understand?

 

Also there is no way my friend can attend a branch to deal with this. It, may, for ease be easier for the bank to send mail direct to her at Malaysia and her scan to me to deal with.

 

Out of interest, can a UK bank really collect/enforce a debt when the person is out of the UK?

 

Thanks again

[slick132]

Hi Julian,

 

In my opinion, having an overseas address is a very long way from the bank or their DCA being able to enforce a debt against a non UK resident.

 

My point is that you can monitor post that would alert you to any enforcement action being taken against YF in the UK via the court process,