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Carter chasing SB'd? Barclaycard debt - scared!


Peace76
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Hello all,

 

My second enquiry so far is regarding a debt I suspected was statute barred

even though it is showing as due to be stat barred in May 2014 on my credit file.

 

The original debt was with barclaycard,

 

after receiving some fast paced threats recently from fredrickson and now bryan carter on behalf of lowell,

I called barclaycard to get confirmation.

 

The last payment received on this account was dec 2004

through the original creditor barclaycard and was charged off at the end of May 2008

and then sold to lowell in 2010.

 

What is the next step I should take as it looks like they want to rush this one to court so I need to get on top of this one urgently.

 

Any help or advice would be really appreciated.

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First dont panic. Head to the cag library and grab the statute barred letter.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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my my my ! If it took Barclays almost 6 years to sell a non-performing account you were extremely lucky. It was S B almost as soon as Lowell got their paws on it.

btw, there's rarely anything "urgent" about stat barred accounts. Even if a court claim had arrived, which it hasn't, getting it struck out is a mere formality.

And please don't take literally letters from the likes of Carter.

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You must complain about the ridiculously late recording of a default with the CRAs (four years is ridiculous). This may have unnecessarily damaged your credit rating. Mr Durkin was awarded £8k today for such a breach.

 

Did you ask Barclaycard when a default was recorded with the CRAs? If not, I suggest you call back and ask – then ask why it was not recorded for four years. Also ask exactly to whom and when the account was sold.

 

Also find out when or if they claim to have sent to a default notice.

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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Hi Peace,

 

Even though BC said you last paid them in Dec'r 2004, you need to be sure you didn't pay any DCA or subsequent owner of the debt.

 

Do you know for certain that you did NOT pay anything after Dec'r 2004.

 

:-)

We could do with some help from you

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Thanks !:-)

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  • 4 weeks later...
Hi Peace,

 

Even though BC said you last paid them in Dec'r 2004, you need to be sure you didn't pay any DCA or subsequent owner of the debt.

 

Do you know for certain that you did NOT pay anything after Dec'r 2004.

 

:-)

 

Yes, I'm pretty sure. Well as sure as I can be.

BC have asked me to let them know any defence I may submit in response to them seeking a ccj.

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Hi Peace,

 

If you are sure nothing has been paid since 2004 to BC or any DCA chasing on their behalf, the debt must surely be Statute Barred.

 

BC have asked me to let them know any defence I may submit in response to them seeking a ccj.

 

Can you tell us if they asked this by letter or a tel conv'n. Give us a bit more info please.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Yes, I'm pretty sure. Well as sure as I can be.

BC have asked me to let them know any defence I may submit in response to them seeking a ccj.

 

 

Eh ? Well for sure, you will be claiming the debt is statute barred - if they decide to issue a claim, then we can help you with that - can you please answer slick's question - how did they ask this question ?

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Peace,

 

If you are sure nothing has been paid since 2004 to BC or any DCA chasing on their behalf, the debt must surely be Statute Barred.

 

 

 

Can you tell us if they asked this by letter or a tel conv'n. Give us a bit more info please.

 

:-)

 

Quote, 'if you dispute liability for this debt please provide your reasons in writing and supply us with documents in support of any defence you may have. A judgement order (ccj) will remain on the register of judgement debts for a period of 6 years and may affect your ability to obtain credit in the future. This matter has now reached a stage where you may want to obtain independent legal advice', end quote. This is all in writing from BC themselves.

 

And go figure, I can't afford legal advice and legal aid doesn't cover matters such as these. I already contacted BC for a default ccj they have on me already requesting documents of which they have not supplied but told me to request from Lowell. Not sure if they have a file on me and that is why they are using what appears to be a bit of caution here.

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I would simply send the Statute Barred letter.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I would simply send the Statute Barred letter.

So would I by recorded sign for post, check delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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