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lizzz

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About lizzz

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  1. 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....
  2. ...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?! I've just signed up with ClearScore, and I can't see it in there anywhere - so, no?
  3. 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: "Dear Miss Pendleton Re: a/c I refer to your request for information dated 19/05/12. The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 (the “Act”) is prescribed by the Act and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request, the creditor shall give the debtor a copy of the excited agreement (and any document referred to in it) and a statement of the account. A statement of your account is below: The current credit limit on your account is £0.00 The current balance on your account today is £4,368.22 Due to the current status of your account, the full outstanding balance is now due. We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. With immediate effect, we have suspected your Barclaycard account. We have taken this action because in our view there is a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account. Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without telling them that the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise see to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland 92009) RWHC 2386 in which it was help that none of these steps constituted “enforcement” for this purpose. Please note that the decision in Carey v HSBC (2009) EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. The the extent that you seek to allege that an unfair relationship has arisen, such allegations will be opposed. Karen Moore Barclaycard Customer Services." 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.
  4. 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... Dear (name) A large amount of the account balance is made up from your charges which have contributed to my serious financial difficulties. These have been proven in numerous other cases to be unfair as they were contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’). For many months my personal income decreased, and I had to make regular cash withdrawals using the card to make ends meet. Pretty much every month I would get a letter saying my credit limit was increased, I never asked for this. These credit increases were irresponsible on your part. My low income has been consumed purely on paying your interest and your charges. In the last 5 years I have repeatedly struggled to meet basic necessities, food and utility bills because of the interest and these charges. Despite this I have attempted to make payments. I am now reviewing all terms under which your lending was conducted via numerous accounts to, and with various creditors, with a view to either claiming back unfair charges, miss-sold Payment Protection Insurance, writing off debts, entering into an IVA or going bankrupt. As you are unable to provide the required documentation, and the agreement is therefore unenforceable, I am requesting that you write the debt off. I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service at the earliest opportunity. What do you think? Many thanks again. (NB - I have already started getting phonecalls from Barclaycard, and have been avoiding them).
  5. 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: "We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues. With immediate effect we have suspended your Barclaycard account (that's ok, I haven't used it in over a year, just been trying to clear the debt) We have taken this action because in our view there is a significantly increased risk that you will cease to make payments to your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account. 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.
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