Folks,

Long time since I've been on the CAG.

I have had a couple of issues sorted with the help of this site,

and I'm very grateful for the support so far.

I am now wanting to end another 2 barclaycard accounts, which has balance amounting to 15K in total.

One of these (the largest) is an old morgan stanley card bought by barclaycard few years ago.

The balance was built up very quickly when the account was opened (circa 2004),

and I have managed minimum repayments for many many years.

Those are more than £200 a month. I have certainly paid well over 20K on that account over the years, and it's time to end it.

So where do I go from here?

I'm guessing a SAR for both accounts,

CCA for the morgan stanley one? are the rules still similar to those from 2011?

e.g. if they cannot produce an enforceable agreement,

I can end this quickly?

also, i understand there's new legislation around over-limit and late fees which can be claimed back?

in my case i'm sure these are significant!

Any other advise? I need to end these debts once and for all.

Thanks all.

NC

Hi,

I used to have a MSDW card, also early 2000's, later turned into just a MS card. I suffered ill health and was unable to meet min payments. MS sold account to barclaycard, who then sold to DCA.

BC failed to provide copy of agreement and terms.

DCA confirmed lack of docs and unenforceable, after a bit of too-ing and fro-ing re failure to comply with s78 request. So in my opinion always worth trying to get proof of agreement etc.

Me_too

Thanks ME_Too - this was also an original MSDW card!

i think it's going to be difficult for BC to produce an enforceable agreement,

but wanted to find out what are the current guidelines on that.

i take it the SAR will be the first course of action in any case

- right?

No a CCA request if its now with a DCA?

Sar to BC but if its in en then no real point

DX

Hi NC,

CCA request is always a good start for each a/c and one SAR should cover both a/c's if they are Barclays-related.

Have you incurred any penalty charges over the years ?

Are the 2 a/c's still with BC ?

Can you end the matters quickly ? - that really depends on the CCA replies. However, if the a/c's were both opened before 2007, that means BC will need compliant credit agreements to enforce.

Thanks guys.

dx100uk - do not understand your comment..

. are you saying that CCA should only be sent once the account is with a DCA?

does the account need to be in dispute before sending the SAR and/or CCA request?!

slick123 - i'm sure there were penalties along the years. also the accounts were open circa 2004 so before 07.

i think my next action is a SAR to barclays.

Cheers,

NC

CCA whoever OWNS the debt now

SAR Barclays

Read this thread for an idea how a reclaim against barclays could be managed.

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

Be aware that for every charge you will need a statement to back it up. Either provided by the SAR or from your personal records..

Thanks SabreSheep. The debt is still not in default as I'm keeping up with the payments. I'd like to stop though, and close this off.

well if either they cant produce an enforceable CCA for each card

then you could stop payments

you say neither shows as defaulted on your credit file?

dx

Thanks dx100uk. At this point payments are continuing as normal, so the cards should not appear as defaults on my file.

are they showing at all?

Dx

i checked my file with a current address (in which I've been for the past 6 years),

and these cards are not on there.

those 2 cards are registered to another address, though, which i haven't checked yet.

the reason i'm hesitating is that the other two issues i had in recent years are also on there,

and i'm concerned that a search on that address will trigger an 'alert' somewhere.

one of those is more than 7 years old, so probably barred, but the other still has a couple of years.

am i just being paranoid?

so your old addresses are not shown under linked addresses?

some are but not the one where the cards (and old issues) are registered to.

I think you need to know if they do show

we can deal with any issues as they come up

to be honest I cant see any enforceable CCA's appearing for these two debts.

dx

Hi,

As the others have advised, I would CCA first, and wait for the response. I found some very interesting notes in my BC SAR referencing my CCA request

(Including why they were unable to produce a compliant copy !)

Me_too

Is it not worth getting the full info pack through a SAR first and then send a CCA request?

also, in case of a reclaim of fees, etc. the information found from the SAR is an absolute must.

If they get defensive before sending the info, it might be "incomplete"...

again, this may just be me being paranoid!

Cheers,

NC

I would just send of the 2 CCA requests and the one SAR asap.

Do you have all your a/c statements since opening. If not, how far back do you have statements for ?

Have no statements at all, I'm afraid

Also just a word of caution about not updating your address out of fear it might set alarm bells off.

If a creditor is going to take court action against you, they will merely use the last recorded address for you and obtain a CCJ by default. This is very hard to have set aside and costs money to do, if you have failed ot let the creditor that you moved.

What I would expect to happen is a few months from the SB date, the creditor will go for a default judgement in your absense and add another 6 years to the time they can enforce the debt.

I agree with SS - it's safer to let the bank know your current address than risk court action being taken using an old address.

As you have no statements, get the SAR off to Barclays asap.

Thanks SS and Slick - whilst it is an old address, I still have access to post recieved, so no concern with action taken without me knowing.

I'll proceed with the CCA's, and follow those up with a SAR.

NC

A quick update before sending the CCA requests...

I've checked my credit files, and ran 2 separate searches - 1 for my current (home) address, and 2 for my other (correspondence) one.

My credit score for the home address is good, and no default or anything is registered against the credit facilities recorded (couple of credit card which are in use).

The BC debts mentioned above are registered to address no. 2 and are recorded along with other ones.

I've got another two defaulted debts, which will become SB'd in 2016.

The 2 BC debts are registered as "OK", because the minimum payments are continuing.

Conversely, the addresses do not correlate, e.g. one does not appear on the other report.

I've had quite a few searches made by insurance companies, mobile operators, etc. on my home address,

but no search appear on the other one, which suggests that the 2 aren't linked.

Is it possible that i'm maintaining 2 separate credit files??

I guess that's a good thing!

So the 'big picture' question is

- would i run into issues with the other defaulted "sleeping" debts, which are not being enforced at present?

as one is with barclays,

any action taken with BC might trigger that, right?

Not sure how to proceed...

Cheers

NC

I would be letting the CRA people know that your info is held under several differing addresses

and things need merging.

that way its all in one place

and anything anyone wants to do

will atleast be focussed to one address.

then sit back and await the deforestation that might arrive.

and come here if it does.

Thanks DX100UK, but I'm struggling to understand the rationale you use for this suggestion...

I've been managing these 2 separate addresses for the past 10 years or so, with any debt-specific interaction managed away from my home. Why would I want to change that, and bring my family directly into the difficult and sometimes challenging experiences that come with it?

I am seeking closure on the debts that are nearly SB'd, and also looking to close down 2 more. All that whilst wanting to go through a mortgage application. As long as I can keep the mortgage linked to my current home address (which Im renting btw), I think I'm in a good position - right?