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8 yr old Barclaycard debt - any advice would be much appreciated
I'm hoping that someone with experience of this matter may be able to help me please.
I'll do my best to not make it long winded.
Divorced in 2000
Split debts between us
One I carried on with was a Barclaycard Visa debt in my name
I contacted BC Visa in 2000 to inform them that as I was now a single working parent of 5 with my income supported by family credit could I have reduced payments. They agreed to reduced payments each month until the account was cleared.This was confirmed by letter. I had to send the first payment by cheque & set up a standing order, which was immediately done & the following months payment was collected.
Debt in 2000 - £5xxx.00?
Total paid to date - £5xxx.00
The Standing order is still active & paying each month. edit I have now cancelled SO
I contacted them in Aug asking for the balance of my account as I was aware I was nearing the end of clearing the balance & received a reply from them Sept 088) quoting a balance of £1015.95.
The only contact I have had from them since this repayment agreement was set up in 2000 was a letter confirming my repayment plan was up to date, & confirming the letter I had sent them about my impending marriage & therefore name change. This letter is dated 21st March 2001.
I also asked them why on my credit record they had put a big fat red 8 score that I had defaulted in 2002. I have never missed one Standing order payment. They said they would immediately remove the default, which they did & sent a letter to confirm this. But does this get wiped from my credit record?
Edit Checked Experian credit report today 16 Nov. Not only has the default been wiped from my credit record so has any evidence of the account!
Edit Phoned Experian 22 nov. The default dropped of my report due to it's age in June 08. Nothing to do with BC removing it. At least that's one mystery resolved!
I started off with the Standing order showing on my bank statements paid to Barclaycard & at some stage later they showed as paid to Mercers, I have never changed the Standing order details to go to another dept. . My guess this happened around the time that they say I defaulted.
I have asked for copies of my statements (8 seperate times over last 2 months via the phone, I have the times dates & contacts written down of all these calls) since this repayment plan was started as I have never received one single statement. They said that they can only go back to 2002 & that they have been ordered. I still do not have them. They were reordered 'again' yesterday.
Edited to say that I have received copies of statements today these are dated from 07 2002 until 07 2004. The first starts with a balance only £300.00 less that the balance in 2000 after I had paid them over 1k
So only 2 yrs worth of statements. This is the first time I have seen these.
Should they have sent me a revised agreement when the repayment plan was started? I have nothing like this. Nowhere have they said that I have to pay this or that much interest on the revised amount.
Edited again to state- I have received another bundle of statements. These follow from the last ones & end in May 2007 with a zero balance. Still nothing from 2000 - 2002
Edit Another bundle of statements arrived on 18/11 with a covering letter apologising for delay & inconvenience.
These are just copies of some of the ones they sent me the with first 2 deliveries.
They start 11/2007 & go through till 07/2004.
They said that no one can tell me why my outstanding balance is still over a £1000 as they do not have access to such information.
If I write & request all the data they hold on me (S.A.R - (Subject access request)) will they then have to supply all of the statements from when the account was first opened? I think this was about 1997. What happens if they don't & what time scales do they have to reply to my request?
Sorry for all the questions but having read through some of the cases I see that it's something that I maybe need to do next.
Should I stop the Standing order as I feel that the balance from 2000 has been more than settled & any money they collect now could look like an admission that I still owe them.
I am getting really stressed out over it all.
Any advice on what to do next would be wonderful.
Sorry if this has become a bit long winded but I needed to give as much info as I could.
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
I am getting really stressed out over it all.
Well stop that straight away.
If they are unable to show the full acount history then how could they show that a balance is outstand? (sorry for the question mark - it's a rhetorical question). Quite simply they would have great difficulty.
Personally, yes I would stop the standing order. You can't allow this to go on indefinitely.
In light of them appearing to be playing silly buggers have you thought about asking for a copy of the credit agreement? As the account was opened some years ago it is unlikely BC will still hold a copy and even if they do it is unlikely it will comply with the Act.
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
Originally Posted by rory32
Well stop that straight away.
If they are unable to show the full acount history then how could they show that a balance is outstand? (sorry for the question mark - it's a rhetorical question). Quite simply they would have great difficulty.
Personally, yes I would stop the standing order. You can't allow this to go on indefinitely.
In light of them appearing to be playing silly buggers have you thought about asking for a copy of the credit agreement? As the account was opened some years ago it is unlikely BC will still hold a copy and even if they do it is unlikely it will comply with the Act.
Hi Rory32
Thank you so much for a speedy response. I feel already that someone is listening after my request to BC has fallen on deaf/ignorant ears.
I do not think that they would have the original agreement after all this time (they have already told me they cannot access anything prior to 6 yrs ago) so without it can they not persue me for any more of the debt.
If asking for all the personal data they hold on me would that not have to include the original agreement?
I have so many questions!!
If I stop the standing order would I have to inform them the reason behind my decision? I'm so worried about causing further problems.
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
so without it can they not persue me for any more of the debt.
They could try and pursue you but they couldn't enforce the account in any way so ultimately would just have to write it off.
If asking for all the personal data they hold on me would that not have to include the original agreement?
Really it's always best if you specifically ask for a copy of the credit agreement.
If I stop the standing order would I have to inform them the reason behind my decision?
I certainly think you should inform them. It's not a case of you are unwillinging to pay, it's simply a case that you believe that you have paid this debt off.
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
Hi ITO,
They have to keep the CCA for 6 years after the account is closed due to money laundering and something else, so they may have a copy of something. It's normally an application form which is totally unenforceable.
(a) the total sum paid under the agreement by the debtor;
(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
Enclose a £1 postal order and do not sign the letter.
JOgs
Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000
Lloyds TSB : SAR request taken all the way to Court, Damages awarded.
Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.
Capital ONE : Issued Court papers, refund of £635.38
Barclaycard : Refund of charges £456.16
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
Originally Posted by rory32
They could try and pursue you but they couldn't enforce the account in any way so ultimately would just have to write it off.
Really it's always best if you specifically ask for a copy of the credit agreement.
I certainly think you should inform them. It's not a case of you are unwillinging to pay, it's simply a case that you believe that you have paid this debt off.
You are a star!
I've just got my S.A.R - (Subject access request) letter printed off. I'll do another to add that I require my original agreement & inform them I've stopped the standing order as I believe the balance was paid off 2 months ago.
On another query, sorry Rory32, will my credit rating be clear as they said that they have removed the default.
It was fine other than that.
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
They are not being economical with the truth-we KNOW they have account info going back more than 6 years-THEY also know that a CCA or SAR is not covered under the limitation act.
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Re: 8 yr old Barclaycard debt - any advice would be much appreciated
Originally Posted by havinastella
Hi ITO,
They have to keep the CCA for 6 years after the account is closed due to money laundering and something else, so they may have a copy of something. It's normally an application form which is totally unenforceable.
(a) the total sum paid under the agreement by the debtor;
(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
Enclose a £1 postal order and do not sign the letter.
JOgs
Sorry but I'm new to this and very confused. Can you explain exactly what you mean by this please? Do I just copy and paste that underlined paragraph and include it in letter N? Is there a reason why I should not sign the letter? Sorry about this but I haven't yet got my head round all this legal-ese speak!
Originally Posted by MARTIN3030
They are not being economical with the truth-we KNOW they have account info going back more than 6 years-THEY also know that a CCA or SAR is not covered under the limitation act.
Ok, so I'm really confused now! Doesn't what you typed contradict what is being stated? If they have these records then why don't they use them to enforce the agreements & why tell us they don't have them?
Is there anyone that could confirm this to be correct before I post them? I ask this as I have read in other posts that things have gone to wrong addresses & delayed matters.
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
Originally Posted by Is this ok?
If you would be so kind as to look at post # 10 I have quoted you & asked you a question about it.
Many Thanks
Yes, you need to incorparate that into your request, they should send it without asking but never do. If you bring their attention to it, they have no excuse.
Never sign a letter to a DCA as it's amazing what you can do with photoshop
JOgs
Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000
Lloyds TSB : SAR request taken all the way to Court, Damages awarded.
Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.
Capital ONE : Issued Court papers, refund of £635.38
Barclaycard : Refund of charges £456.16
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
Originally Posted by havinastella
Yes, you need to incorparate that into your request, they should send it without asking but never do. If you bring their attention to it, they have no excuse.
Never sign a letter to a DCA as it's amazing what you can do with photoshop
JOgs
So sorry to keep mithering you with all these questions. I so do not want to do this wrong & I really appreciate your help.
You mention a DCA. Does that mean I need to send the request to Mercers & not Barclaycard?
They would have to do a fraudulent job with photoshop with my signature as when I took on the card my surname was different.
In fact not one letter of my previous surname is in my present one. Would be funny if they tried!
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
Originally Posted by havinastella
LOL,
Well sign it then, that would be great if it came back with your new signature
The request goes to the Company chasing you. So send it to Mercers if they are the ones.
JOgs
I'll sign it & hope they photoshop it on to a CCA of some sorts. Would like to hear them wriggle out of that one.
No one is actually chasing me. It's me doing the chasing trying to get to the bottom of why there is still this balance. Why they wont supply the full 8+ yrs of statements. Why they say I defaulted 2 yrs after I started the agreed payment plan, when the Standing order set up at the beginning has never missed a payment. Also why a big fat 8 was put on my credit rating 2 yrs after the plan start. I have asked BC all these questions but have got no answers.
8 yr old Barclaycard debt - any advice would be much appreciated
was up to date, & confirming the letter I had sent them about my impending marriage
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Originally Posted by rory32
Re: 8 yr old Barclaycard debt - any advice would be much appreciated
