Being chased for a debt I don't think I owe

[Woollie]

I'm being chased by Buchanan Clark & Wells for a debt that they picked up from Aktiv Kapital which orignates from Barclays.

 

This debt they are telling me is from 14 years ago! The first I heard of it was from Atkiv in Aug-06 and now I've had a letter from BCW saying they are taking legal proceedings.

 

I've verbally asked both companies for proof of the debt and nothing has been sent. I don't know what this debt is from Barclays and not sure if its mine or not as they aren't giving me any info, its from that long ago I just cannot remember owing Barclays anything.

 

Are they legally allowed to pursue me after so long without any prior correspondance??? I'd appreciate any advice !!

[PriorityOne]

If it's from 14 years ago, it should be statute-barred, providing you have had no written contact with them within the last 6 years.

 

Do not do anything until someone comes on here who knows more about statute-barred debts. As far as I am aware though, it is up to them to prove to you that the debt exists and not the other way round. They will tell you all kinds of bowlarks on the 'phone to try and get you to acknowledge it. DON'T !... and stop talking to them on the 'phone anyway.

 

I am sure there is a different procedure for getting DCAs chasing statute-barred debt off your back apart from the standard CCA request.

 

Can someone else on here advise OP ?

[LondonPam]

If you believe it has been more than 6 years then the debt will, more than likely, be statute barred and you do not need to give them anything. Take a look at this link and use example letter M to send to them. Hopefully that should do it and you'll hear no more. Only deal with them in writing as that way you have absolute prove of everything you stated.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Good luck.

 

Pam.

[Woollie]

I've definately not sent them any written correspondance. One person at Aktiv told me the debt is from 1992, but then someone else from BCW told me 1995!

I'm going to draft a letter based on letter M tonight and send it recorded, I've also printed out some stuff from the office of fair trading about debt recovery which was very useful (for anyone else who is having a similar problem). But who knows whether that will be the end of it. The last guy I spoke to at BCW was abusive and incredibly rude so I will not be answering anymore of their calls. I've entered their number in my phone under 'do not f*ing answer' so I don't answer without thinking!!!

 

Thanks for all your help:)