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Highlander5

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  1. Thanks for your response. I think it is worth pursueing a clim in line with Kpohraror v Woolwich Building Society. Since the original default was around 2007 my understanding is defaults last 6 years of which four had passed. The new default would remain on my credit file and impact my credit rating for an additional 2 years past the original date. My understanding is that Regardeless of who now owns the debt (and it's not me), Barclaycard should have known that a deafulat was allready registered on the account when they acquired it (from Morgan Stanly or Gold Fish). If they claim they were unaware they will be in breach of financial regulations which state that accurate records need to be kept of all accounts for six years and that full details need to be passed on with any debt from one company to the other. I now have a claim form from FOS asking for details of my complaint. Can any one give advice on the best way to complete this to make sure FOS are fully aware of how Barclaycard and their debt collection agent CCS are conducting themselves in this case? Thanks
  2. Thanks slick132. I will send them the letter. An update on the situation. Barclaycard DCA called me and asked me to settle the debt for £3800. I told them I knew nothing of the debt and to send me anything to demonstrate that the account they claim to be in debt even exsists as Barclaycard have put in writeing to me that they can not produce any data for the account, not even a list of transactions, a contract or any other information about the account. I was told by the DCA agent that if I did not settle on the day they would apply for a second charge on my house. The agent also told me that the claim was based on an entry in my credit file. I checked my credit file and there is a default entered but it relates to an account that was in default in 2007 for the ammount they are claiming. The entry was by Morgan Stanly but I still do not recorgnise it as I have never had such an account and i would never have run it up to £7000.( I have not checked my credit file before now) Their is also no mention of Morgan Stanly before or after the one entry in my credit file. I now allso have a second default registered for the same ammount and account by Barclaycard. Somthing is definatly not right about this. I am starting to get a little concerned at the power Barclaycard seem to have. This is starting to feel allmost like legalised Black Mail. Pay us the money you don't owe us or we will get a second charge on your house. I am allso concerned that a lot of District Judges appear to be giving away second charge on homes like it was a windfall benifit for large financial organisations. Surely there must be somthing the public can do to highlight what is going on and bring it under control. I am starting to think that the only way out of this for me is to pay up or get expensive solicitors that i can not afford. Even if i had expensive solicitors there is no gurantee that I can stop Barclaycard. So much for your flexible freind I am going to try and resolve this using the advice and letters on this site first. I will post how i get on. Thanks
  3. Thank you for your responce and i will look into the posts recommended. I know that there are a lot more people impacted by false claims of debt then thoes that post on forums like this. I genuinly have never had this debt and I know of other people who have ended up paying debts that they never owed. It is frightining how Banks can manipulate the law and just demand money from people. Thanks
  4. Can any one help. Barclaycard claimed I owed them a debt last year but I did not recorgnise it at all. I made a request for the original contract. Barclaycard wrote back saying they could not provide me with any details about the account other then they had aquired it from Morgan Stanly. They sent a 're constituted' terms and conditions which were very generic and onle line statement saying what the total being demanded was (£7000). They confirmed in the letter that the debt was unenforcable. They quoted some strange case laws suggesting that because of these cases they were within their rights to continue to enforce the demand even without any contract between us. They have now registered a deafult notice against me and passed the debt on to Credit Solutions for collection. I have talked to FOS who beleive that Barclaycard were wrong to do this but that FOS have no power to stop Barclaycard from enforceing the un enforcable debt. I talked to a senior manager at Barclaycard who told me that if I did not pay the full ammount within 14 days they would start court action to get a second charge on my home and add all costs onto the debt. I still do not know what this debt of £7000 is about as I have never had a Barclaycard or Morgam Stanly debt. What should I do to stop Barclaycard from harrasing me for this debt? Thanks
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