Hi everyone, I have a barclaycard debt that defaulted in April 2009 for £790. The account was opened in 2001 and I know that there have been charges on this card that would cover a large amount of the balance owed. Earlier this year I started receiving letters from Lowell chasing the debt and sent a CCA request to which I got a reply with a reconstituted agreement. They passed on to their other department Red and it is now going to Hamptons to see if they will apply for a CCJ or SD. I know that I need to send a SAR to Barclaycard to get proof of the charges but I am after some advice to what action I can take, I have two questions; 1 If and when I get the statements and evidence of charges, would I just send a claim to Barclaycard and then send a letter to Hampton's saying the account is in dispute? 2. Is there anything I can do now to keep Hampton's at bay? I am a bit worried that they have a track record of issuing SDs and this debt is, in their eyes, over the £750 limit. Thanks, J

I am in dispute with Barclaycard they have replied with letter stating they know my account is unenforceable but they can still continue to chase me and report to CRA that I am not paying and that they will not inform the CRA that the debt they allege I owe is non enforceable so to me they would be reporting incorrectly. I had an arrangement to pay and kept to it but they will not look at excessive charges or possible PPI so I have stopped paying as they cannot produce an agreement. They sent a copy of a default notice but have not sent page 2. The default is now due off so would like advice where I stand please.

First Plus, argh, so awful to deal with. So another possible complaint about them. My partner has a large outstanding loan with First Plus, nearly £30K, and together we have decided to get it cleared faster than the 13 years left on the loan. Part of this involves selling a property to release the equity to pay off the loan. All good so far, we have the settlement statement from First Plus (and have also successfully have nearly £6K of PPI fees removed from the balance). My plan was to pay the loan off on my 0% credit card for 6 months while we sell the property - I phoned to do this and was told any credit card needed to be in the name of the person named on the loan, eg my parter. Feeling rather annoyed, but fair enough, I got an authorised card in his name sorted, with enough credit limit to cler the loan. he calls up to pay the loan with the card, now only to be told that company policy is to not accept Barclaycard credit cards (which it is). Arrghh!! So very annoyed as it has taken a lot of time to get the card with the 0% on purchases agreed and the credit limit raised. It really feels like First Plus are just making it as difficult as possible to pay this and every time we call to pay (move the debt) it there is a new reason why we cannot. I know it is only 6 months interest we will save, but it feels like something we should be able to do to be in control of our own debt, not locked into the First Plus contract anymore. Any thoughts? Can they really restrict the use of a Barclaycard Visa like this? Speaking to the perosn on the phone at First Plus they were going on about it being moving the debt and that on the BArclaycard statement it would say that you cannot use th barclaycard to pay subisdiarys of Barclays - but I don't get a paper statement and having looked at my online statement and searching the Barclaycard info I can find no refernece to such a condition of the card. Is it worth fighting/complaining on this one or should we just leave it and clear the debt when the property is sold? (loan is currently 9% variable). Feel very cross!

Firstly this forum has been so useful to me and has helped me no end with my debt worries, so thanks to all of you out there. Secondly, I am in the process of reclaiming Barclaycard credit card fees, most of mine are late payment fees and returned direct debits fees. However I was wondering if I could claim the extra charges from international purchases on my account which show as an entry of the amount followed by "includes commission charge of" and then the amount? I assume this is to do with converting the dollar amount to pounds, but does it really cost anything? I assume not but worth asking. I did search high and low and can see no mention of this before so likely an allowed fee. Thanks again Wubbster

Info in brief Back in 2002/2003 I opened a Barclaycard account and my boyfriend of the time used it. I was not as financially aware as I should have been and ran up huge bills, which I was unable to pay at the time. I default for about 7.5k in 2006. In 2008 I heard from 1st credit regarding the debt and I made a couple of payments. Since then I haven't heard anything until 3 days ago I received a letter from "Barclaycard' giving the card number the balance outstanding and their reference number. They stated that they "hereby give notice of the assignment of the debt due to us by you in respect of the outstanding balance on your Barclaycard account." It then goes on to say that on 13/03/2007 your account was assigned to 1st credit who are now the legal owners of the debt. Today I have received a letter from 1st credit introducing themselves (as if we’ve had no previous contact before” and saying the want the spondoolies and if I don’t pay them this will result in more formal recovery proceedings. It does state that they will comply with any request for a copy of the personal information that is held about me on their system, and that I need to send £10 and a self addressed envelope to the above address. So here goes… 1) Do I CCA them? (Are Barclaycard good with their record keeping) 2) At the time I paid them I was unaware that they were the owners of the debt. 3) Should I SAR them? 4) Should I ignore them 5) Is it worth sending the Statute barred letter or is it likely they will find the payments Any help would be GREATLY appreciated. I had thought that this had gone away but clearly not. One final point the quality of the paper the barcodes on the letters look nearly identical and also the writing on the side of the paper is also in exactly the same place. One of the words is Comproc Thank you again Sarah

I have a thread in the Barclaycard forum where a few months ago i won my unlawful charges claim against them. Part of my settlement was BC removing the default as they told me they had bought the account back off Lowells when i started my claim. After the claim had been settled I applied with my bank for a credit card and overdraft as i should have had a clean file only to be turned down and told to check my file. Lowells had re-added the default as BC had not completed the purchase of my account or even notified them the debt didnt exist anymore. Bc only sorted this out after i made a complaint to them. I settled my claim early for a lower amount with BC in the belief that they held my debt, yet it was still Lowells account at the time. Having made a complaint to BC for compensation for damage to my credit file i have been turned down using Kpohraror as that was a business claiming damages and have now been told that Durkin vs HFC is irrelevant as that is not binding in England. Does anyone have any advice about starting a claim for damages as BC misrepresented how they were handling my original claim, caused me to be turned down by my bank for credit and are adamant that i have to prove financial loss and the cases i quoted are pointless.

Thanks for reading! Briefly: - I developed serious chronic incurable illness over last few years and got deep into unsecured debt on various cards - Barclaycard debt nearly into five figures - haven't used the card for years - got to stage where couldn't make payments - card originally taken out in year 2000 - MKDP taken over from Barclaycard - CCA request sent on 22/05/13 - MKDP reply 4/6/13 saying unable to comply but will be liaising with original creditor to request documentation - the claimed amount does appear on my credit file Questions: 1. Will Barclayscard have documents going back to year 2000? 2. Is there any point in sending a SAR to either Barclaycard or MKDP? 3. Would it be best to let sleeping dogs lie re charges etc whilst they can't enforce? Many thanks in advance.

I received a letter from "MK Rapid Recoveries" regarding a debt on a Barclaycard which I have never had. They have indeed put a default notice on my credit file. anyone know how to rectify that? ( sorry never had this before)

Hi ok brief summary, I have been fighting with Bcard to get PPi refunded after cancelling the PPI cover. I didnt push too hard until they cancelled my card after then sent a final " no" letter about a year ago now. Although I guess I ll need to await SAR and full calcs I suspect this turns a £290 final balance into a £450 credit refund. Last week I received the usual letter from Allied, a DCA. Questions or confirmation I guess of first steps and end goal. i presume initial steps are to CCA Allied and SRA Barclaycard? Is the end goal to send the legal letters or do I have a better course of action? I presume the FOS will not be interested as I left it too long since their "no" letter? My end goal is to be refunded PPI, charges and interest plus have credit markers removed Any help from the gang appreciated

Hi to all! First time post, but been following the various threads for a long time! To cut a long story short, I am thinking of moving house later this year, so checked my credit file using 'checkmyfile'. I have 2 Barclaycards showing up on the file. Both with the letters AR across months for the past 5 years. I paid 'Eurodebt' back in 1999, to sort out my finances regarding debts, and they did (for a fee). I was paying weekly, the Barclaycards by going into a branch each week with a paying in book. Following 2 house moves, I wrote to Barclaycard, with my new address, asking for the amount to pay the accounts off in full, but never recieved a reply. I then stopped paying (not sure why), that was back in 2003. Never heard nothing from them. I have taken out loans, credit cards, mobile phone contracts and never had a problem. I would like to know, I guess this will never clear off my credit report? And will it affect me getting a new mortgage when I sell my house? Keep up the good work, Thanks in advance, Bannister007

hi, Please, I would like to know exactly what i should have received as a reconstituted CCA request from lowell portfolio. The situation i have is: 18/03/13, I sent a CCA request to lowell for a barclaycard account. 14/05/13, I receive a reply to my request and states, after liaising with barclaycard in an effort to obtain this document we have been advised that this is no longer available due to the length of time since the account was opened. Also it states they are closing my account and not make any further contact with me concerning payment against this account unless the copy of the agreement is received at some point in the future from barclaycard. 17/05/13, I receive a letter from lowell saying, We are in receipt of your recent request for a copy of your agreement.Your O/C has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the CCA 1974, we are not obliged to send you an exact copy of your signed agreement. We have now fully satisfied our obligations required following your request under the CCA1974 Blah Blah Blah, We would also confirm the following information as required by the above act. balance payable against your account £1484.19 current state of your account: defaulted. What i have received with this letter as what they say is a recon copy of the agreement: An a4 with my name and an address (address is my fathers address, i have never lived there) a box with written inside YOUR RIGHT TO CANCEL, once signed .you'll have short time to cancel and so on etc. Barclaycard agreement A copy for your records sheet (in the top right corner a little cancellation form to fill out). a sheet about;Barclaycard conditions of Use, a copy for your records. Barclaycard terms n Conditions sheet. A supporting letter from barclaycard dated 18/04/13 (see attached scan)[ATTACH]44074[/ATTACH] Please could you advise on this matter, is there things missing that should be in this recon agreement, it just seem right to me but i havent got a clue thats why im asking for help. kind regards mark.

Good Evening All! Apologies for the double post - am fairly new here! My original post is at in the "General Debt Issues" forum. I have a credit card with Barclaycard and have held it for several years now. However, after looking at my statements for the past 12 months I've noticed an "Over Limit Charge" pretty much every single month after going over by several pounds (never more than £10). I hate to think what these amount to since I've had the credit card. Can Credit Card charges still be refunded, or am I being confused with Bank Charges? Any help would be appreciated NCCA

Need some advice on Barclaycard claim. Sent off the claim forms a couple of months back. Deadline they gave me passed so decided to call them. My complaint has been upheld and they have decided to refund me £1700 ish. I only have the Barclaycard statements for the last year before the PPI was cancelled and the payments add up to £450ish so I'm asking shall I just accept the offer or say I'm unhappy even though I cannot prove how much PPI I paid as I took the Barclaycard out in 2002? Thanks

Hi, I had court papers from Northampton CC as a companyin Milton Keynes had brought the debt, (old Barclaycard £2,000) be ignoringcall for three years. I had a look on the site and sent off a CPR 31.14 Request to their solicitors. Heard nothing backbut was worried about a defence and came across this defence and sent it off Defence 1. The claim aspleaded does not contain sufficient particulars to permit the Defendant to filea properly particularised and pleaded defence. The Defendant has made a requestfor disclosure, pursuant to Part 31 of the civil procedure Rules, to the Claimant to allow him toproperly respond to the claim. The Claimant has failed to respond to the Part31 request. 2. It is Notadmitted that the Defendant signed an agreement with Barclaycard If, which is not admitted, such anagreement exists the precise terms and date of any such agreement are notadmitted. The Defendant does not have in his possession any such agreement andis not therefore able to comment thereon. The Claimant is put to strict proofas to the date and terms of such agreement. 3. It is averred that if any agreement existed that the aforesaid agreement wasa regulated agreement within the terms of the Consumer Credit Act 1974 (TheAct). It is not admitted that any such Agreement is enforceable within theterms of the Act. The Claimant is put to strict proof that the aforesaidagreement was properly executed and has been enforceable at all times sinceits' inception. 4. The Defendanthas no knowledge of the service of a default notice. The claimant is put tostrict proof as to the content and service of any such alleged default notice. 5. The Defendanthas on knowledge of the service of a termination notice. The claimant is put tostrict proof as to the content and service of any such alleged terminationnotice. 6. Further and in the alternative it is not admitted that the sums claimed arelawfully owing. The Claimant is put to strict proof as to how the sums claimedhave been calculated and as to how it is asserted that the sums claimed contractuallyowing. 7. Further and in any event in view of the failure to comply with the CPR Part31 request it is denied that the Claimant is entitled to costs as claimed or atall. 8. In view of the foregoing it is denied that the Defendant is indebted to theClaimant as alleged or at all. Statement of Truth I believe that the facts stated in this defence are true. I am the Defendant. signed and dated. Received aletter telling me that they do not except my defence and the court have sentpapers to notice of proposed allocation to small claims track. Should I of notsent off a defence? Do I agree to the small claims court? What should be mynext move? I only have till the 23rdMayto deal with this. Thanks in advance

Advise required please. I have just received a citation from a Scottish Solicitor representing Marlin Capital Europe Ltd in respect of a debt to Barclaycard. I have never had a Barclaycard Credit Card or took out an agreement with them. I did have a credit card with Egg which I took out in 2004. I now know that Barclaycard took over Egg Credit Card accounts in 2011. I was making regular payments to Egg until they suddenly stopped sending me statements, and so I then stopped making payments. I never received any further statements or correspondence from Egg for 18 months, then all of a sudden in early 2011 I received a default notice. I was unaware that Egg transferred to Barclaycard, possibly I received notification, but I cannot remember. I then started receiving calls from Marlin regarding Barclaycard. I informed them that I have never had a Barclaycard and refused to discuss matters with them. I have now received a writ from their Scottish Solicitors giving me 21 days to respond. I am based in Scotland. Interestingly in the writ it is stated that I took out an agreement with Barclaycard in 2004, this is an error straight away as it was with Egg. I do not know when I made the last payment to Egg, it was about 4 or 5 years ago and maybe time barred. Should I send a CCA request to the Solicitors or Marlin or both? Is there still time to do so? Any help or advice would be greatly appreciated.

I made a postal application for a Barclaycard Visa credit card back in May 1995 when I was self-employed. It was one of those advertising flyers found in magazines. As I was self-employed I ticked the PPI box as I thought that it would offer me both the best chance of getting the card and cover me if I was unable to work for some reason. The card is still active but I only pay off what is left on the account. It was only when I saw a programme on TV about PPI that mentioned that a self-employed person with PPI might not have been able to make a claim for unemployment, that I decided to contact BC for a full refund and stop my PPI payments. BC failed to stop my PPI payments for some months, only stopping them eventually when they mixed my account up with somebody else's and stopped them automatically. Meanwhile I was in the long wait for a response but finally they decided to refuse my claim with their only reason being that I ticked the PPI box on the form. I had also asked them to look at a Barclayloan I also had taken out with them and had paid off which also had PPI on it for the same reasons. They never responded to this and I included this in my FOS referral along with the delay in cancelling my PPI payments on my active account. I complained to FOS in Oct 2011 and had not heard anything from them until today when out of the blue, they have upheld my complaint. The reasons given may help other self-employed folk out there who are dealing with Barclaycard. "From the information I have gathered, I do not think Barclays advised xxxx to buy the PPI policy. However, Barclays still had a duty to give xxxx th information she needed to decide whether to take out the policy - and to present it in a way that was clear, fair and not misleading. It was also the duty of Barclays to draw the main features of the policy to xxxx's attention. You had a responsibility to make it clear to the consumer that the PPI policy was optional. Looking over the information you gave to xxxx and her recollections from the time of the sale, I cannot see how you did this. I have found: the copy of the application form supplied is of poor quality and not sufficient to enable me to identify that xxxx made an active selection, within the sales process, to confirm that she wanted to take the policy out; the policy was taken out around the time when xxxx took out the credit card but there is not enough evidence to suggest that you made it clear enough to xxxx that the policy and credit card were separate products; so I am not satisfied, based on the evidence, you made it clear enough to xxxx that the policy was optional. Looking at the term of the policy, I see the circumstances in which a person who was self-employed could make an unemployment claim were quite limited. As xxxx was self-employed when she took it out, this was important information she needed to make an informed choice about whether to buy. However, from the evidence I have, I do not think this was made clear enough to xxxx when she brought the policy and I do not think she would have taken it out if you had made that information clearer. For these reasons, I think xxxx's complaint about the sale of her PPI policy should be upheld". FOS are now awaiting a response from BC but having seen the delays mentioned by others I won't be holding my breath for a speedy response. Reply to be made by 23 May...laugh! Unfortunately there is no mention of the Barclayloan which I paid over £2000 PPI on so I will just have to wait and see if Barclaycard mention it in their offer or go back to FOS and see what I should do. I really don't want to go through all the hassle of having to put in another claim just to get the loan. Any ideas?

First of all hello,this is my first post having been a long time lurker. My question is how do i go about asking barclaycard to reduce my payments, i am currently experiencing financial difficulties at the moment due to a drop in income, am i best to ask directly over the phone or is it better to put everything in writing. my wife returns to full time work in september so this should only be a short term problem do i need to ask for a six month timescale ? thanks in advance

Hello My debt with Barclaycard has been sold on to a 3rd party collector. I have received a court letter from the small claims court and filed my defence which the claims company has rejected. My defence wasnt good I said I had already sent a cheque several months ago to barclaycard to settle the debt (i have no proof of this however) and that the claim is in the wrong name (they have misspelled my first name also barclaycard also had my first name down incorrectly) Having done some research I have noticed that in order for the debt company to have a right to this debt they have to provide me with the original signed credit agreement and also statements from barclaycard to prove I owe each transaction made. I came across this letter: ""Having been through my paperwork I can find no record of any debt owing to xxxxxxxxxx . I therefore do not acknowledge this debt and require you to supply the following documentation before further discussions may proceed. Firstly, you must supply me with true copies of the agreements you refer to in these matters. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing statements of account. I enclose a £1 postal order in payment of the statutory fee. This payment is not to be applied to the alleged debt under any circumstances. I also require that you supply signed true copies of the deeds of assignment of the above referenced agreements. You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Yours faithfully" Is it still possible for me to use this letter or is it too late now that I filed my defence? would appreciate any help

Hi CAGers, hope you are all well, I know it's been a while since my last post, but here goes... After nearly a year of silence from my 3 debtors, it seems one of the CC companies wasn't happy with me. The rough timeline is as follows: CAPQUEST was repeatedly badgering me for money owed to Barclaycard I requested a CCA by letter about a year ago (recorded and PO for £1 enclosed) Heard nothing after the legal period had passed, so sent follow up stating the account was now in dispute as no CCA had been sent to me. Then...bliss...at least for a while Now it seems even though I had requested the CCA and sent the letter of non-compliance, the debt has now been sold to some muppets going by the name MKRR Got a nice "friendly" letter from them a few weeks ago with a freephone number (refreshing), gave them a call and told them the account was in dispute and they were illegally contacting me. They kept badgering me for a reason of non payment (I wasn't going to humour them by telling them I was in a deep 3 year depression, broke and trying to "support" my wife and then-new-born kid) I told them I would not discuss such things on the phone and told them to stop contacting me. They told me they couldn't take me off their dialler system and i would continue to receive calls/letters I told them I had requested a CCA from the previous DCA which was never received and demanded that MKRR obtain this and leave me well alone. They said they would request the CCA (no letter to prove this mind you) but they would not put the collection on hold. At which point I told them that I would only converse via letter. Now....I have received this lovely (and familiar) FINAL NOTICE letter from MKRR (as attached) I have read through it and have those old feelings of anger and upset boiling back to the surface again. Where do I stand with this guys? I think they don't have a leg to stand on and are probably breaking some kind of law trying to chase me with the account in dispute, but I don't know this for certain. Thanks for any advice you are kind enough to offer me, P.

Hi there I originally had an Egg Credit Card in 2002,they issued me with a default notice in 2004 and subsequently they passed the account to their recovery agents Moorcroft whom I have been repaying ever since. In 20010 the default notice was removed by the CRAs as it was over 6 years old. I'm still paying Moorcroft. In 2011 I received a letter from Barclaycard to say that they had taken over the account. Last month I decided to phone Moorcroft for a copy of my signed credit agreement and asked whether any PPI was added. They said I would need to write to Barclaycard for that information. So I wrote to Barclaycard and received a letter to say that they were unable to provide a copy of the agreement and therefore they cannot enforce the agreement. However they continue by stating that they can and will continue to take any action short of enforcement, which includes reporting to CRAs without also telling them that the agreement is currently unenforceable, demanding payment from me, issuing a default notice and instructing a third party to demand payment or otherwise seek to procure payment. Can they really report me to the CRAs although the debt is over 10 years old and can they issue another default notice after I already had one in 2004? As I currently not showing any default with the CRA's this is going to jeopardise my chances of getting a loan for another 6 years. It's just not fair. Your help is appreciated.

Hi another two of our debts are with barclaycard. Sent off cca request but nothing back within the 14 days sent account in dispute letter. Oh and in between also had to send telephone harresment letter due to constant calls that have now stopped. Had response today saying that they only have to provide a reconstituted one but there was nothing in the envelope with the letter! I need to fire a letter right back to them tomorrow but as the agreement was taken out in 2002 don,t they need to send the original? I have been reading conflicting advice on posts as to whether the no coca no pay rule will still apply. Can anyone help as if they need to provide the original then I need to put it in the letter. Thx

I am in short term financial difficulties and advised Barclay Card that i wished to reduce my payments for a 3 month period. I sent the following message to them Hello I have got myself into some short term financial difficulty which will take me 3 months to sort out. I was hoping that in the interim you would accept reduced payments for March, April and May of £60 per month. I will make these payments online by debit card. I will be able to quickly get my payments up to date from June onward if this is acceptable to you. I got the following reply Thank you for your recent email. We are sorry to hear of your financial difficulties. Your offer of £60.00 per month has been placed on a formal repayment plan for a period of 12 month. Your first payment is due by 23rd April. If your circumstances change during this time, please contact us to advise. You will shortly receive a letter through the post advising the full terms of this arrangement. I hope this information has been of assistance to you. Kind Regards April Kenny Barclaycard Why have they done this as i only asked for a 3 month breather/reduction in my payments. Is this normal practice?.

Does anyone know what paperwork and record transferred to BC from Egg. Specifically, credit agreements, and proof that a debt is not statute barred?

Guys, I made claim to barclaycard and demanded to receive a list of schedule of charges document, showing all charges made against my credit card , they sent me a list of charges which totals £811.98 and accepted to refund me everything. But on my credit history, every-time they charged me £12 or £24 for these months, i have missed payment 1, 2 or 3 strike. My question is; can i get these removed ? And what do you guys recommend i should write to Barclaycard? Where do i stand legally for these to be taken off from my account? Any input appreciated thank you

Hello all, I'm writing this on behalf of my wife. Thanks to reading previous forums on here we managed to negate a series of letters from Avantis for a fictitious debt, so thank you! My wife received a letter from Capquest, in her maiden name (and Miss as opposed to Mrs) around a month ago which as per the advice we didn't respond to. A further letter was received dated 27/3/13 from Barclaycard with detail that the debt has been assigned to CapQuest Investments Ltd and they have appointed CapQuest Debt Recovery Ltd. The amount at 6th Feb 2013 was £3344.07 We have been married since 2007, and we believed that all account and address details have been updated, although my wife has had trouble with a Barclays Bank account and has had to visit a branch after they repeatedly didn't update the details. Following advice on here we applied for a noddle.co.uk credit report and discovered a few things. 1) The Barclaycard account had 8x £300 cash advances made on it, 1 in Oct 2010, 7 in Nov 2010. We were not at the address at this time and my wife would have updated both her name upon marriage and address upon moving. 2) The address links section shows the following (details changed within asterisks!) From *wrong address where we have never lived* To *address where we lived from 2004-2009* Most recent source of link Barclaycard Last confirmed 30/11/2012 Earliest confirmation 30/11/2012 3) There are NO other transactions dating back to April 2007 4) In June 2011 the account appears again as OK and up to date, although the balance continues increasing We have no intention of speaking to CapQuest, but we don't want this to escalate any further. Can you please advise us on the following? 1) Does it appear that the account was registered at an address not ours? 2) Is my wife liable for this? We didn't keep a copy of the change of address correspondence (sorry) 3) Should we contact Barclaycard, or will this make us more liable? We were much more confident with Advantis and a claim for £120 for a bill from 1998, this seems a little closer to home and is worrying especially as we've got a small baby and money is tight. Thanks in advance for your help, and Happy Easter if you celebrate it!