Barclaycard debt from 2005-2010

[Anonymous]

I'm not sure where to turn and feel a bit terrified at the moment.

I've recieved a call on my personal cell and at my place of employment regarding a debt that I have not heard one word about. I've never seen it appear on my credit report and suddenly I'm being threatened with a lawsuit and wage garnishments. Initially, they offered a settlement amount. I began asking questions about the company that was calling and I ran into a roadblock. "I'm too busy for this, you're not my client, I don't work for you" was all I got.

I've asked them to send something to me to show that this is legitimate and they said that I'd see them in court!

Do I have anything to be worried about?

I am upset that they've called my place of employment. I recently finished school and have a terrific position and I was floored when my boss called me to tell me she got a voicemail about papers being served!

I believe this is something that was setup for me that my now deceased mother did, so I obviously can't ask her.

If this is something legitimate, I'd love to take care of it, but the agressive nature of the caller once I started asking questions seems to feel very scammy.

As soon as I asked where the lawsuit would be filed or where papers were being served, the person became aggressive and felt offended that I'd not trust him.

"They'll be filed wherever you reside" was all I was told!

So bottom line, what can I do? I called Barclaycard and they seem to think it's a scam of some sort, but did acknowledge that I did once have a card through them. But I'm assuming this is what my mom setup for me years ago. I guess if I signed something back then, I have a legal obligation, but I'm not getting any information from the people that are threatening to sue me, unfortunately. I've read that the statute of limitations for suing in the State of Ohio is 6 years, but I am not sure if that pertains to debt incurred before 2012 or not. I've been crying my eyes out all morning and I'm just not sure where to turn. I've worked dilligently in improving my credit from the low 500's up to nearly 700 and all of the sudden this has blindsided me.

[RobertEG]

They called you.

Any call to a consumer regarding a debt then triggers their requirement to send you a formal collection notice no later than 5 days after that initial communication.

That notice is commonly called a "dunning notice," and must inform you of the amount of the asserted debt, the name of the current owner, and advise you of your right to request validation of the debt.  See FDCPA 809(a).

If you did not receive a formal dunning notice, that is an indication that they are not a legit debt collector.

As for their threats to obtain a judgment or garnish your pay, that is a violation of the FDCPA if they are aware that the debt is now outside of your state statute of limitations.

Yur debt appears to be outside of SOL, making their threats a violation of the FDCPA.  You can sue them.

Another indication that they are not legit.

Finally, if they do attempt to report a collection to a CRA, they are required to obtain the date of first delinquency on the debt with the original creditor, and provide that DOFD to the CRA.  Any collection reported to a CRA that is beyond 7 years plus 180 days from the reported DOFD cannot be shown in your credit report.

Thus, that is not a consideration unless they report a DOFD of less than 7 years plus 180 days ago.  If the asserted debt is older than that, then reporting of a later DOFD would be a violation of the FCRA.

Everything points strongly to a scam.

If you have their name, you can report them to the CFPB and/or send them a request for debt validation, which will thereafter impose a bar on them against any continued collection activities until they have first sent validation of the debt.

[Anonymous]

I've sent you a private message about my experience with these people.  I hope it puts your mind at ease.  

[toomchz4u]

Google search the number they called you from to see if it's a legitimate collection agency or if you can find out any more information. I make it a practice to do this with any strange numbers that call me now as there is usually information online about phone numbers and who they are.