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Debt collector letters and texts

32 replies

Morello339 · 27/09/2023 18:25

Hello.

I have recently started receiving letters from debt collectors regarding a credit card. It doesn't say when it is from, just that it is a Barclaycard and the last 4 digits.

I have moved back to my family home, don't know if it is relevant that it is a previous address.

Anyway, I have a credit card with Barclaycard, but it has no balance and isn't that number.
My credit report shows no defaults or missed payments etc.

I can only assume that this is maybe a card from when I lived here with my parents 18 years ago? I don't remember, but who would?

How do I navigate this? I had a generated text to say they will visit my home.

I don't know whether to contact them or not.

OP posts:
Mumoftwo2022 · 27/09/2023 18:37

What’s the company name have you researched them.

Morello339 · 27/09/2023 18:42

Mumoftwo2022 · 27/09/2023 18:37

What’s the company name have you researched them.

The letters were coming from Capquest I think. So I just ignored because I didn't think it was my debt. Now it seems its been passed onto Resolvecall? They've text to say they're going to visit? I can only assume it's the same debt...unless I have other unknown debts.

I did have a Barclay card in the past, but I usually close my account. I can't imagine I just left it?

OP posts:
randomrandom · 27/09/2023 18:46

Would it not make sense to call Barclaycard?

janicegarvey · 27/09/2023 18:51

If there is a debt and it's over (I believe) 7 years old and you've not made a payment or acknowledged it at all then it is written off and they can't make you pay

Do not engage with them at all and certainly don't admit anything

I know this because many years ago when I was young and daft I had about a 3k credit card debt and ignored it.
I moved house a lot never had any other debt at all. Then about ten years later I wanted to buy a house but thought I'd have no chance as I was convinced my credit file would be awful. Got my credit file and to my amazement it was no where to be seen.
So when I looked into it i found out that's what had happened. Got a mortgage fine and ten years on I've never heard anything from them 🤷‍♀️

MaisyMoo2022 · 27/09/2023 19:02

Contact Barclaycard directly, do not engage with the debt collectors.

Morello339 · 27/09/2023 19:10

Those saying contact Barclay card.

All I have is the last 4 digits and my name and address. Will they have the details of it a card that's over 15 years old and I've had more than one new card with them since then.

This is why I'm so confused, I have a Barclaycard. It has a zero balance and ends it's a completely different number.

OP posts:
Dreamstosell · 27/09/2023 19:16

Don’t contact Barclaycard. If the debt is over a certain time limit and you haven’t contacted then or paid anything in that time then you probably don’t have to pay it. If you contact them now I think it can restart the time limit. I’d speak to Citizens Advice before doing anything. Also could it be a scam?

MoonieDoo · 27/09/2023 19:27

Debt collection agencies can, but usually won't bother coming to your home. They're not enforcement agents (bailiffs). They probably bought the debt for a fiver and are trying their luck that you respond. Send a letter along these lines and they should leave you alone. https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/ or https://www.nationaldebtline.org/sample-letters/complaining-to-debt-collection-agencies-you-do-not-owe-debt/

Sample Letter - Time has run out to recover the debt | Sample letter | National Debtline

https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew

janicegarvey · 27/09/2023 19:32

Dreamstosell · 27/09/2023 19:16

Don’t contact Barclaycard. If the debt is over a certain time limit and you haven’t contacted then or paid anything in that time then you probably don’t have to pay it. If you contact them now I think it can restart the time limit. I’d speak to Citizens Advice before doing anything. Also could it be a scam?

THIS

Op do not contact them or Barclaycard x

Morello339 · 27/10/2023 13:33

Quick update...I've been on holiday and come back to a note through the door saying they have visited.

I don't know how to deal with this if they turn up on my doorstep !

OP posts:
SuperLoudPoppingAction · 27/10/2023 13:36

Don't let them in. Ideally don't open the door - speak through the door and make sure windows and other points of entry are also locked.

SuperLoudPoppingAction · 27/10/2023 13:39

https://www.stepchange.org/debt-info/debt-collection/debt-passed-to-a-collection-agency.aspx

This makes it clear you don't have to let them in.

It is written more for people who are aware of a debt than for people in your situation.
You don't have to acknowledge the debt.

Debt Collection Agency Contact. Free Advice. StepChange

https://www.stepchange.org/debt-info/debt-collection/debt-passed-to-a-collection-agency.aspx

fitforflight · 27/10/2023 13:43

janicegarvey · 27/09/2023 19:32

THIS

Op do not contact them or Barclaycard x

Don't worry about phoning them, it isn't classed as formal acknowledgement of the debt so doesn't reset the clock on the statute of limitations so won't make a difference.

Acknowledging the debt is done by either having made a payment in the last 6 years or admitting in writing that you owe the debt, again in the last 6 years.

You are absolutely allowed to phone both Barclaycard and the debt collection company and say you don't believe it's your debt, there are templates of letters online where you can do this and ask for a copy of the credit agreement. Again this doesn't constitute accepting the debt, you are allowed to question and ask for proof of these debts without it resetting the time barred argument.

If the debt isn't yours, great, job done. If it is and you haven't acknowledged you owe or paid an amount in the last 6 years you can reply stating the debt is time barred and as such no legal action can be taken. Eg, they can't go to small claims court to recover it. At this point it will be written off.

MoonieDoo · 27/10/2023 14:30

Debt collection companies sell debts between themselves for tiny amounts and start trying to collect on the off chance you acknowledge the debt. Your debt was probably sold to the newest company for about a fiver. Debt collection companies are not bailiffs and cannot take any of your belongings. Don't let them in. Ask them to leave.

https://www.stepchange.org/debt-info/debt-collection/debt-passed-to-a-collection-agency.aspx

It is up to the debt collection company to prove you owe this debt. It is not on you to prove that you don't. Please consider sending one of the letters below - full of FCA regulations.

https://www.nationaldebtline.org/sample-letters/complaining-to-debt-collection-agencies-you-do-not-owe-debt/

https://www.nationaldebtline.org/sample-letters/time-has-run-out-recover-debt-ew/

They will need to contact Barclays to get proof you owe the debt and that is isn't statute barred. Unless the amount is high I'm pretty certain they won't bother to do this and will stop chasing you.

Debt Collection Agency Contact. Free Advice. StepChange

https://www.stepchange.org/debt-info/debt-collection/debt-passed-to-a-collection-agency.aspx

Debtfreegoals · 28/10/2023 12:14

i feel you’re burying your head in the sand OP. Sort it out and ring Barclaycard or the debt collection company.

ginnyginnygin · 28/10/2023 12:18

Just ring them. Ignoring it isn't going to solve your issue. I know from experience, Severn Trent chased me for a debt that wasn't mine (previous address new tenants never registered or paid a bill) and I ignored it and almost ended up with a CCJ and a £3k debt. I was scared, but a simple phone call revealed all the answers and stopped everything. You can't ignore it in the hopes it will go away unfortunately. They will keep coming to your house.

ConsuelaHammock · 28/10/2023 13:12

There’s a group called Beat the bailiffs on Facebook. Join the group and post your situation on there. They will help.

janicegarvey · 28/10/2023 20:52

Debtfreegoals · 28/10/2023 12:14

i feel you’re burying your head in the sand OP. Sort it out and ring Barclaycard or the debt collection company.

Terrible advice

janicegarvey · 28/10/2023 20:53

ginnyginnygin · 28/10/2023 12:18

Just ring them. Ignoring it isn't going to solve your issue. I know from experience, Severn Trent chased me for a debt that wasn't mine (previous address new tenants never registered or paid a bill) and I ignored it and almost ended up with a CCJ and a £3k debt. I was scared, but a simple phone call revealed all the answers and stopped everything. You can't ignore it in the hopes it will go away unfortunately. They will keep coming to your house.

More terrible advice

OP don't ring them

They can't do anything 🤷‍♀️ but if you ring them you risk them trying to trick you into acknowledging the debt then you will be fucked

fitforflight · 28/10/2023 20:56

janicegarvey · 28/10/2023 20:53

More terrible advice

OP don't ring them

They can't do anything 🤷‍♀️ but if you ring them you risk them trying to trick you into acknowledging the debt then you will be fucked

The terrible advice is yours. You can't be tricked into acknowledging the debt. Legal acknowledgement is either in writing or by making a payment.

janicegarvey · 28/10/2023 21:48

It's definitely NOT terrible advice to say not to ring them

Op shouldn't and I stand by this. I wouldn't be so sure they would not trick people as they'll be trained in ways to try and get people to admit to stuff while they're flustered and calls will be recorded. I have worked in places with debt collection departments and I know how they operate so would steer way clear of ringing

Someone upthread suggested some template letters, if she does anything at all she should do that (but I wouldn't do anything)

fitforflight · 28/10/2023 22:14

janicegarvey · 28/10/2023 21:48

It's definitely NOT terrible advice to say not to ring them

Op shouldn't and I stand by this. I wouldn't be so sure they would not trick people as they'll be trained in ways to try and get people to admit to stuff while they're flustered and calls will be recorded. I have worked in places with debt collection departments and I know how they operate so would steer way clear of ringing

Someone upthread suggested some template letters, if she does anything at all she should do that (but I wouldn't do anything)

You aren't listening. You cannot legally acknowledge a debt in this way by phone. It has to be either a payment or in writing for it to be classed as actually acknowledging the debt, so the OP can phone them if she wants to, get to the bottom of it, write a letter asking for the credit agreement etc. None of it is formal acknowledgement.

ginnyginnygin · 29/10/2023 10:10

@janicegarvey ok 'Janice' just ignore it then and let it all mount up, and then the next thing we heard from the OP is when they get a court summons through the door and a CCJ. By which point it's too late to sort anything out. Your advice is terrible, misinformed and dangerous for people actually seeking real advice actually. NEVER just ignore it. A telephone call to find out what the debt is, when it is from, who's it is, IS NOT acknowledging it in any way shape or form. Debt collectors/bailiffs have visited the OP's house. They will not stop coming, they will add additional charges on for every visit made to the property and then they will seek a court order. It will not stop just by ignoring it.

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