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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
    • OP stated they had been arrested, but not charged (let alone convicted). They DON'T have a criminal record, but do have an entry on the PNC. That information stays on the PNC (Police National Computer) for life, but doesn't get released in a standard DBS. It only MIGHT get released for an Enhanced DBS (eDBS) check  ... but it would be incredibly unlikely. (The rational behind this is that eDBS's allow for 'information at Chief Officer of Police's discretion' ..... this covers the 2 'barring lists' and is also intended for the scenario where someone has multiple arrests or investigations, where safeguarding is a concern .... it was brought in after the Soham murders / Ian Huntley case, where the information known about the now-convicted child murderer may have prevented his employment in a school, had it been made available). So, for the sake of accuracy and completeness, arrests stay on the PNC for life, wont appear in a standard DBS, MIGHT appear in an eDBS, but in reality, would be the exception rather than the norm, and I can't see them being released  to a defense barrister. What then if the defence found out a different way, and brought it up in court?. Again, unlikely, but the important feature is that the judge would make sure they trod very carefully!. They MIGHT consider using it if there were other factors that allowed them to try to cast doubts as to the truthfulness of your evidence, but on its own : No way. Anyone MIGHT be arrested (if a seemingly plausible complaint been made against them)! The approach to take if it did come up is to be truthful. "Yes, I was arrested. It arose from a vexatious complaint. I wasn't charged, let alone convicted. That could happen to any one of us, if a vexatious complaint gets made" Far better that than lying, saying you'd never been arrested, and getting caught in a lie : that would ruin your credibility. I'm incredibly doubtful it will even come up, though.
    • we dont get N157 because its new OCMC but no court dont have evidence either.   Just seems a bit of a pointless wait but oh well
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robbersway offering discount on Barclaycard debt over 6 years old.


3ccd
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Hi Guys. Please can someone help me with this?

 

 

A little long, but I will try to be brief.

 

In 2009 I had a Barclaycard.

I made regular payments and everything was fine until my situation changed a lot and I was unable to pay

 

. I did the wrong thing (many would say) and just buried my head in the sand.

I got various reminders, letters, and default notices and in 2011 I

(some would say foolishly)

 

wrote to all my creditors offering token payments including Barclaycard

. I paid £1 a month for 16 months.

 

The last payment was in February 2012 when I moved and genuinely forgot about it.

 

Then I started receiving letters from Cabot (I think) who’s very first letter in January 2014 was to tell me I was in default (amount was £346).

 

I received letters on what seemed like a monthly basis before the letters stopped and I started receiving letters from another company and then Robinson Way.

 

All letters demanded payment of £346 until recently when they tried offering me reduced settlement numbers, but all of which would mark my credit file as ‘partially settled’ so no point.

 

I have NEVER responded in any way to any letter since my last payment to Barclaycard in February 2012.

 

On checking my credit file on Monday this week, I noticed what I will call an ‘oddity’. Two entries, one for Barclaycard saying ‘settled’ and the balance of £346 in February 2013 and a separate entry for ‘default’ to another company for January 2014 and the amount of £346.

 

My questions.

 

Am I correct that the original debt with Barclaycard is now statute barred as it is 6 years since I heard from them, responded to them or made any payment to?

 

And my second question, can a company I never had any contract or agreement with put a default on my file a year after I last dealt with Barclaycard? I am guessing Barclaycard sold the debt and whoever bought it sold it on and so on?

Edited by dx100uk
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Thanks. I did read that first. But it didn't really help me to know for sure. Perhaps someone could just tell me where I stand?

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Just send our sb letter in the debt collection section of the library

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No one bar the oc can default you

And that was upon sale

If it wrong write with proof to the oc and demand its actioned

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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That is a great help. Thank you both so much.

 

 

So, for my peace of mind only Barclaycard could issue a default. Have I undestood that correctly?

 

 

What can I do regarding the false default then? Ask for it to be exponged from my credit files?

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Why is it false??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Because I never had any contract with the debt collector. I never entered into any agreement with them ever. You said that only the OC can issue a default in your last reply.

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The default carries through to the new owner...the debt was assigned

We could do with some help from you.

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Ok. That nakes more sense. So the original default would have been when I stopped paying in 2012. How can a new company issue a default 2 years later?

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Ok. That nakes more sense. So the original default would have been when I stopped paying in 2012. How can a new company issue a default 2 years later?

 

They haven't issue anew one...they taken over it..they replace Barclaycard

 

By OC, do you mean orignal creditor?

 

Yes

 

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Is £346 (or thereabouts) the actual balance on the account when you ceased making your token payments?

 

Were they applying interest while you were making the token payments?

 

Personally, I'd have expected them to have defaulted the account within that 16 month period you were paying £1 p/m.

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£346 was the balance at the time I stopped paying. So, the month before would have been £347. The month before that £348 etc.

 

 

Interest was stopped before I started making the 16 monthly £1 token payments so that the token payments would have some reduction merit.

 

 

From memory, I was originally served default when I ran into financially problems in 2011. I think (but genuinely cannot remember as I had other debts I was also dealing with) that I probably received more default notices from barclaycard during those payments. Something tells me they did so every 6 months?

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Hi 3ccd,

 

Is this still showing on your CRA files as, from what I've read here, it should "drop off" pretty soon if it hasn't already done so.

 

Check and let us know.

 

:-)

We could do with some help from you

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