Hello and thanks for your amazing forum I hope you can help, I've read loads of posts but can't find anything that matches my scenario: (I'll try and keep it brief!)

I've got a C/card which was with Egg and is now with Barclaycard due to their purchase of egg. It's now down to £4300, (was more like £6k I think) I originally took it out in 2003 odd. I knew I had PPI with them, and so sent off my £1 and asked for my agreement, and have got back a letter which I wasn't expecting, stating that:

It then goes on to talk about cases where people have tried to get money back and failed, and says that I "should continue to pay".

I've read loads of posts and forums about unenforceable debts and am confused. I also know that a lot of the account is made up of charges from when I couldn't pay. I am currently paying a really small amount monthly and have done for 1 year, since I wrote to them with my income and expenditure and offer to pay, while making regular payments so they had to accept it.

Obviously, I was just looking into PPI and then was going to look at charges, but if I've got an unenforceable debt, can someone please advise what should I do now? I would love it if they would write the debt off. I have other debts which I am also looking into for PPI/charges, my total debt is £23,000. I have been struggling with debt for 10 years now, and it's time I put a stop to it. I now am proud to say I live within my means and intend to never touch credit again.

Thank you for reading.

i would suspect that ppi from 2003 will wipe this debt and charges from upto 6yrs ago, will put money in your pocket!

if you've got all the statements

get reclaiming!!!

So the account is now in dispute so you don't have to make any payments at present.

The good bit, just as dx has said, I bet there are also other charges that can be claimed back as well. It couldn't happen to a nicer bank, they hate people like you. If you haven't got all your statements etc that will allow you to calculate charges and ppi payments, then sar them and get the lot.

Hi again, First of all, thank you so much for your encouraging replies, and Secondly sorry for the delay in responding, as a self employed person, finding the time to deal with this (and keep food on the table) is very difficult.

Firstly I should say I think I cancelled the PPI after about 2/3 years (when I realised it was costing an arm and a leg)

I don't have statements, and would need to go the SAR route (have looked at the template), but not sure if I would be better just trying to get them to write it off - rather than going after them for charges to be refunded to me....and the hassle that entails...I have drafted the following letter, (after reading several advise sites and taking parts from other template letters) and I would be very grateful for your thoughts...

What do you think? Many thanks again.

(NB - I have already started getting phonecalls from Barclaycard, and have been avoiding them).

Look up chargephone numbers - free for you, they pay to call (I used flextel), and write informing them of your change of number. I did this a few years ago, they deleted my home and mobile numbers, now I just get an email saying they've called (I've never listened to the messages). I must have got a few pounds as well, but haven't checked - stopping them calling me was the main point! Before then, even when I wrote demanding they cease calling me and threatened to report them to the cops for harassment, they carried on - it was necessary to change the number.

Great being able to answer my home phone again.

One other point - they repeatedly upped my limit without telling me, it was on my statements - but nothing was done to draw my attention to it. Under current practice (which they claim to follow), they have to at least inform you how to stop a rise in the limit - but they never told me this. And I have proof, in the box of papers I received when I SAR'd them last year.

Hi Lizzz,

Do you have an update on this?

Bel

Hi all, especially BelstarBomb, dx100uk and Conniff - and thanks for the comments all those years ago!

Well, to update, this has disappeared for 4 years, and has just raised it's ugly head again! I've just had a letter from a new collection agency, asking for the money. (Standard 'we've been passed your account, please call us to arrange a monthly payment or we can take action).

So to update: the last correspondence from Barclaycard was in 2012, and was as follows:

Today I called the collection agency and basically read the 'unenforceable' line to them - and they asked me to send a copy - so they've put the account on 'temporary suspension' while I do.

Seems there's no way Barclaycard can make me pay this back, but is there any way I can get it to go away? I've still no confirmation if there was PPI on the account...and it still feels like it's hanging over my head. Thankfully I don't need/want to use credit but I'm sure if at some point I wanted to get a mortgage, this is going to screw things right up.

Advice really truly appreciated. The fact that there was expert advice the first time around, really made me stop panicking, and I'm in a much better place to be able to deal with this now. Thankfully

Thanks in advance.

well stop ringing powerless dca's

they are not bailiffs

is this debt still on your credit file

I bet not

...further to this....

I've been digging around in old folders,

I've found a letter from 2006 where I cancelled 'Cardholder Repayment Insurance' with them (I had realised I didn't want and couldn't afford it.)

The account had been open in 2003, and so PPI was running until 2006 when I started to struggle with money...

and, although, regrettably I don't have any statements at all

- I do have a letter (just the one) with an unpaid direct debit fee notification of £16.00.

I guess, these two things do work as proof of PPI and unfair charges, which, means they definitely owe me money?!

 

 

...is this debt still on your credit file

I bet not

I've just signed up with ClearScore, and I can't see it in there anywhere - so, no?

try noddle too

make sure all you old addresses are showing too in linked addresses

if you've moved since taking this out as well

thank you

Unfortunately, Noddle can't verify me, (tried twice), and in ClearScore, it only allows 2 previous addresses, neither of which are the address which I was living at when I originally took out the card....

id let this run..

Hi Lizzie,

I no longer live in the UK so don't know how the consumer credit laws may or may not have changed.

My initial response would be to let it run.

My only concern is that in calling them, you have now confirmed your address which may allow them to apply a DN etc.

I personally, would not have responded.

If they continue to chase you, if you hadn't claimed your PPI back, I would tell them that as the owners of the debt you will be claiming the PPI back from from them unless they discontinue their action and confirm that no detrimental information will be posted against you at your address.

I'm sure the amount you could potentially claim is way more than they paid for the debt......

Good luck!

Bel