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  1. This is an interesting one:- I have a letter from them today offering me a 75% discount on an alleged debt of almost £3,000. It actually states this at the bottom of the letter:- "you should be aware that the period for recovering your debt by court action has expired, so we will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for payment" Is this true? can they continue to ask for payment? can I stop them sending me begging letters? Cheers, Flappy I would like to add the alleged debt is still on my credit file with a default date of November 2009, six years are not up until November this year unless they have an actual date of last payment made? The card was taken out in Scotland which is 5 years from SB, but I assume still enforceable in England?
  2. Hello I know this is probably the million dollar question but has anyone any recent experience on BC/Mercers settling a Credit Card debt. Been about 4 years now. Paying a DMP which they have now rejected, gone to mercers who threatened in a letter but heard nothing since last year. I am paying about 50.00 a month anyway and owe about 9.000 still Any ideas on what they would settle for? Many thanks
  3. hi there, Looking for some advice. I had some financial difficulties back in 2006 and defaulted on a number of credit cards. Barclaycard didn't default me but marked it as an ongoing arrangement to pay which I understand is common for them. If they had defaulted me in 2006, it would have came off in 2012. I have records as early as 2009 of me writing and phoning them to request the arrangement come to an end however they kepts auto-renewing it. I have just settled the balance of the account and it was closed yesterday. I wrote to them quoting the ICO on the guidelines for arrangements to pay being a short term arrangement, informing them I felt it should have been defaulted back in 2006 and requesting the account be deleted from my records with all CRA. They have wrote back to me today agreeing to remove it from my credit records with effect from Jan 31st 2015 and offering me £75 compensation " for the distress and inconvenience caused by this matter" So my query is: shouild I realistically be pursuing them for further damages since they have ruined my credit record for an extra 3 years. This has prevented me from moving debt I'm trying to pay off to 0% deals and therefore cost me additional interest I could have otherwise avoided. I've to reply to them and if I accept this "resolution" they will send me the £75. Thanks, knox
  4. Hi, A quick heads up on my dilemma.. .similar to another post . I currently have 2 accounts with Barclaycard totaling nearly 7k my £180 monthly payments are the most i can pay.. .The debt does not decrease though as it gets swallowed by interest payments. My credit rating is very poor and i cannot get any which is a good thing as it stops future debt. I have contacted them regarding this and although they said they would freeze repayments for a month whilst i send them a expenses form. ..I do not want to stop paying the debt its the interest that i dont want to pay.. .I have even told them i will just stop paying because of my credit rating. I have just had a letter though charging me late payment fee and overlimit fee and the bill is for 2 months repayment. ..it totals £160 just for 1 account.. .I need advise please as they say if i do not return the expenses form by 25th feb then they will revert back to charging interest
  5. My apologies for leaving this so late, but it had appeared that the claim wasn't moving forward. I have now found I'm in Court! Claimant: MKDP LLP (claim value £9999 - !) acknowledged and the attached defence submitted October 2014 Heard nothing further until Wednesday (25/02/2015) when claimant served witness statements and included various reconstituted documents. This was an electronic application from my Barclays current account for a Barclaycard made in 1992, I did not sign anything. I intended if this ever made it to Court to rely on unenforceable and the ‘four corners of the page’ for a properly executed agreement. None of this matters now as I am in Court. The claimant hasn’t filed or served in accordance with the Court Order (to be filed and served 16/02/2015) and I am wondering if I should object to their witness statements (for late filing) and apply to have their claim struck out and their claim dismissed with prejudice as they have no prospect of success. Alternatively as their witness statement may prove they have no case, should I leave it in and proceed to defend on the basis that no document was ever signed? The Claimant was served in September 2014 with S78 and cpr 31.14 requests. They said 31.14 didn’t apply as it was small claims. They said they would request info from Barclaycard and that it could take 8 weeks but would forward it on - this arrived in their witness statement on Wednesday. I’m beginning to flap now. Thanks for looking at this and please, if you can help, I’d really appreciate it. C
  6. HI, I got into difficulty in 2003 (Financial) I had a Barclaycard and entered into an AP which was for £19 per month. They are still collecting from the original outstanding amount of around £1200. Is it possible to get the AP removed from Equifax If I settle the balance in full. I note that If I had defaulted and paid nothing it would have been removed many years ago. Any advice greatly appreciated. Andrew
  7. HI hope somebody can help me as I am searching site and internet and cannot seem to find an answer when I check my credit file I have a BC debt which is over 6 years old so should have dropped off my credit report however they have never defaulted me in the 6 years despite no payment since 2008 They have never contacted me in 6 years provided any statements and my last contact was in 2008 when they said they were unable to find copy of my credit agreement not to mention they sent me somebody else credit agreement The credit reference agencies are saying this will not drop off until 6 years after default if they have never defaulted will then be reported and wreck my credit history forever I went to the ICO to report this the fact they have never defaulted me in over 6 years and tbh they did not want to know complete waste of time Any advice will be greatly appreciated the debt should be stat barred as no payments have been made in 6 years they owe me more in PPI charges) if I contact Barclays and tell them they are in breach of regulations for not defaulting in first 6 month period will they then default me as of now thus starting the 6 year period again I am so confused how to get this off my credit file or is it going to haunt me forever until they follow guidelines and register a default
  8. Below is the letter that I have written to Barclaycard directors - every one of them bounced. I have logged a complaint that apparently takes 56 days to respond to. Can anyone out there help me please? Dear Directors, I am writing to you in the hope that you can intervene and support a long standing customer who has been the victim of an internet [problem], who now due to Barclaycard 'policy' is being prevented from buying a new home. On January 2014 I paid in full the balance of my Barclaycard account and cancelled my direct debit. on the 20th January Barclaycard attempted to take a direct debit that was declined so they raised a £12 charge on my account. On the 20th of January I submitted by tax return which without my knowledge was a bogus website. The website requested that I enter my credit card details to verify who I was, which I did in all innocence. During March I received a number of text messages claiming to be from Barclaycard asking me to click reply and make a payment. Given that I had a zero balance (or so I believed) I thought these message were a [problem], even Barclays bank told me to delete them when I visited the bank to query/verify the source. I contacted Barclaycard and it was only then did I find out that money had been taken from my card by the 'tax office' along with a £12 late payment charge. I received notification from the HMRC that I was due a tax rebate so had no reason to believe any amount had been taken from my account. I saw absolutely no need to log on and check my statement given that it had been fully paid up. I contacted Baclaycard as advised by the bank to ascertain if the text messages were from them and to query why I was being sent them. It was then that it brought to my attention that the bogus tax website had taken funds from my card and the late payment invoked. I was put through to your fraud team who explained that hundreds of people had been duped by this [problem]. I paid the balance immediately. I have been told by your complaints team that even though I had a zero balance I should have logged on to check my statement and that they had communicated the late payments via a text messaging system. I fail to see that this was an effective communication tool - even Barclays bank are unaware of it. Due to my being unaware of a balance due to fraudulent activity, I now have two black marks on my credit scoring and have now had my mortgage declined. I have spent an inordinate amount of time pleading with your staff to remove these black marks against me - I see that I am a victim of circumstance that is fully justified and proven. We are about to lose the house of our dreams because staff at Barclaycard will not show any compassion to a long standing customer that has been a victim of a [problem]. I look to you as senior professionals, to intervene and rectify this situation before it is too late and we lose our home and our future. I sincerely look forward to your early response and intervention. Yours sincerely, Julie
  9. Hi, I have received various letters over the last couple of years, very sparingly, regarding a barclaycard debt. I started by calling them and telling them I've never had one, they would go away, months would pass then the letters would start again, this was with Marlin Capital Europe. On one of the calls I said this was quite simple to resolve, prove it, send me the agreement that I signed, knowing that they couldn't, thought this would end it. They sent me an A4 sheet of paper with one line of text and a Dollar figure right at the top of the paper and nothing else on the paper not even there name and address, this was years ago. I phoned them and said you have got to be joking. I got no where with the person I was talking to, so just hung up. Eventually I just ignored them. Years passed. Then I got letters from another company Mortimer Clarke Solicitors last year, I contacted them, they said it was an online setup and gave me the email address. I stopped using that email address years ago as it kept getting hacked and sending emails out to all my contacts. Same thing happend, I'd talk to them, then nothing for ages then it all starts again as though we have never spoken. I then decided to use the templates on here to request the CCA to prove it. Thought that sounded quite simple. Sent off my letter using the template on here, sent in my £1 postal order. Heard nothing from them and that was a few months ago, now out of the blue this County Court Claim form has turned up stating Egg Banking as the original company not Barclaycard. The amount they always said I owed was £8,268.30, the CC Claim form is for £12,18.28 plus £410 Court Fee plus £100 Solicitors costs, totalling £12,696.28. The form also says the original agreement between me and Egg was on or around 31/10/2007 which sounds a bit strange, don't they know! My original letter requesting the CCA was 10th September 2014. Once again nothing happens for months then they start, but this time it has got serious. I thought that when you send that CCA letter the claim was in dispute and therefore no legal proceedings could be brought until it was resolved. Obviously I was wrong. Can anyone help me, I don't know what to do next, I have this County Court form and it says 14 days to respond. Thank you.
  10. I have 2 Barclaycard (Ex-Egg accounts) They were defaulted in March 2012 but my credit file shows them as marked 6 monthly since November 2009. Should they have been defaulted earlier? Is there anything I can do to change the date? They would have become Statute Barred later this year if I had been defaulted in 2009
  11. Hi everybody I ran into financial difficulties 2.5 years go and arranged with Barclaycard (peviously Egg) to pay £75 per month with interest and charges frozen on a £10,000 debt. This was paid by direct debit and I have not missed any payments. I have just noticed that they have stopped taking the money - the last one being in November. Does anyone know what this means? Is it a prelude to heavier action? Thanks for any advice.
  12. Hi. I've been trying to claim PPI refund on a barclaycard I had in the early 90's. I SAR'd them and got a copy of the original application form. I put the reasons down as it was not sufficiently explained to me and that my employer at the time had a sick pay scheme so it was useless. They refused my claim on the grounds that they couldn't confirm the sick pay scheme (the company ceased trading some time ago so they wouldn't be able to) and that as it was an application form they say I must have taken it out in branch so the PPI would have been explained. I countered their arguement as at the time I was working 9-6 6 days a week and would not have been able to visit a branch, therefore it was clearly a postal application, and the explanation on the form was not good enough as I wouldn't have taken out the insurance if I knew it would be no use. I've received a point blank reply today saying they will not change their decision with no further explanation. Is it worth trying a recovery company? Or go straight to the Financial Ombudsman, is it worth even persuing? Thanks for any help
  13. I've had a Barclaycard for a little over a year now but more recently came to the realisation that our household credit was out of control and contacted stepchange. I set up a DMP through them and most of my creditors have played fair, accepting the reasonable offering and I've heard little from them since. Barclaycard however are noisy little cherubs. The first payment to them (although actually above the minimum payment due to an interest free period) was a day later than the statement date, so I'm consistently 'a month behind'. They're rewarding me with several phone calls a day, most days (although there's sometimes a quiet week somewhere in the month). My phone, my home phone, my work phone, my wife's phone.... not sure where they got all the numbers but it's constant. CCCS have suggested we leave them be and just wait for them to pass it off to their debt collections for interest and charges to stop, but in the meantime the balance is going in the wrong direction with all the charges they're putting on and the "minimum payment" (as meaningless as that is in a DMP) is now four times the amount they're getting each month (cue another bombardment of telephone calls). Any suggestions on how I should move forward and get them to realise they won't receive more than their fair share? I should probably add I'm generally poor at dealing with things over the phone.
  14. Hello, Back in 2013/14 I run into some money troubles and couldn't meet the minimum payments on my Barclaycard. I called them and agreed a payment plan for 12 months. At the end of the 12 months my finances were reviewed again by Barclaycard and the gentlemen on the phone agreed another payment plan. Note, all payments were made every month without fail. Even received a text message to say a new plan was agreed. however when trying to obtain some credit elsewhere I was declined i got my credit report and notice Barclaycard/Mercers were giving me late payments even though I was meeting the agreed payment plan. When I called them regarding the late payments they said this was because this was only token payments and they could no longer accept the £50 per month plan. I managed to raise the 7k a few months later to clear the debt in may 2014. However these late payments on my file are stopping me from being able to remortgage. My argument is if I had known I was going to get late payments on my Credit file I may as well of not bothered paying anything. I have asked Barclaycard to amend the credit report as I was making the agreed amount but they have refused. Does anyone know if it worth taking this FOS? Or of any other steps I can take? Thanks
  15. CCA Letter sent to Aktiv Kapital. Let's see if they reply. Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789
  16. I defaulted on Barclaycard about 18 months ago I heard very little other than the odd letter about account termnination There was a letter about debt going to a DCA some months bac and endlesss phone calls I did not answer. Then Saturday a County court letter from Northampton arrived with a DCA I don't recognise out of the blue with no warning so I 14/28 days to defend. I am going to try and defend the action I am also going to ask for a SAR but unlikely to get that before the court hearing One thing I can determine is that as I took out the barclaycard in 1973 or maybe 72 they have no record of the original agreement. Is this a valid line of defence? The CCJ refers only to the acct number I think with nothing else. Please some wise advice! time is running out.....
  17. Hopster

    Hopster v Egg

    I have paid £495 to one company - since been served with a default notice by Egg - now past the due date - was told no problem if this happened - have emailed them but no reply !
  18. Hello Everyone, MKDP have issued a court claim against me for a Credit card account. I will be defending it, as they have no valid agreement (pre 2007), I have read up on all the relevant threads and have everything ready to send. I am a bit worried I have left it too late and need help, the claim was issued on the 14th of March, I filed my AOS on the 28th of March online, I will be sending them a request under CPR 31.14 for all the relevant information, but I understand I have to give them 7 days to reply?. is this 7 days within my 14 day from AOS time limit, or in addition?. The earliest I can get them the CPR 31.14 letter will be Tuesday the 8th, (If I send on Monday via Special delivery). However 14 days from my AOS on the 28th of March is Friday the 11th of April, meaning this wont give them enough time to reply?. What should I do now? If I ask them for an extension, How do I do this? I am worried they will just not reply until after the deadline is up, especially if requested via mail, and will in turn seek judgement, If I call them, what sort of proof would I need to show it was granted? and what if they refuse to grant it? Thanks in advance for the help - in a bit of a panic! Thanks, hereigo
  19. Quick question, i have issued court proceeding against Barclaycard for late payment charges, they have filed an acknolegement and asked me to agree to a 28 day extension for them to investigate. Should i agree to the extension or make them fit in with the court timeline? Sidabm
  20. Hi folks, I got a Northampton claim form through a little while ago which I responded to with a CPR 3.14 to the solicitors and put in a no agreement defence. They sent a back-dated letter to say they would need to request the documents and would put any action on hold. They didn't and still haven't responded with any documentation. I don't have a CCA for this account, nor even a statement of account. The claim got transferred to my local court (Oxford) and the latest from the court is a general form of judgement or order. The order is that "The claimant must file and serve a copy of the agreement and a statement of account showing how the amount as accrued by xxx on xx September 2014. The defendant must send to the Court and to the Claimant's Solicitors a Defence to the Claim by xxx on xx October 2014." the date for their half of this order has come and gone and I've had nothing. At the moment my defence can only be that there is no agreement since no agreement has been produced. I'm assuming they should have sent it to me as well as the court? This is a CC claim from a card that was taken out many years ago - around 2000 I think. It's in the small claims court. At no point since I disputed the account back in 2010 has anyone attempted to produce a copy of the CCA. Anyone have any advice on what I should be doing here? I have a feeling if the claimant hasn't responded to the court order they are going to lose by default when I put my defence in.
  21. Morning Sorry for the "hand holding" request - I'm new to all this. I'm 10 months in to a DMP, largest creditor being Barclaycard (this was an Egg card taken out in approx. 2001/2002). Agreed payment plan would mean debt is repaid in 6 yrs if no interest charged. Despite several requests Bcard will not freeze interest, or default me, but show AP on Credit File. I'm paying too much each month as a percentage of the debt for them to do this apparently. Under the terms of my DMP, I can't drop the payment to them as total monthly debt repayment has to be distributed fairly between 3 other creditors. I was thinking I would send bcard a CCA request but not sure what this would mean if they don't have one - would this give me more leverage with them to demand interest is frozen? Or, if they do have one, would they then get more forceful and demand more / CCJ me? Any thoughts would be really welcome. Thanks
  22. Name of the Claimant: MKDP LLP Date of issue: 01 Dec 2014 (Happy Christmas!) What is the claim for: The Claimant claims the the sum of 12,964.30 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Barclaycard. The defendants account number was XXXXXXXXXXXXXXXX and was assigned to the claimant on XX/07/2011, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of 12,964.30 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. What is the value of the claim: 12964.30 + 410 costs Claim is for credit card Entered into the original agreement before 2007 Account assigned and transferred to the Debt purchaser who has issued the claim. Received nothing headed "Notice of Assignment" is this what it would have had to say? But they bought the debt during 07/2011 Did you receive a Default Notice from the original creditor?: I think from Mercers Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?: No there is nothing in our records to show this, we have kept all letters from DCA's, would this have come from Barclaycard or DCA? Why did you cease payments:- My Wife and I had the same employer which 9 years ago suffered an immediate and huge loss of revenue from a large customer, my promotion withdrawn, no bonus pay increases etc just after we bought a new house. Had to use cards to make ends meet, took secured loan to pay cards (HUGE mistake due to rip off rate rises that’s for another thread) with the intention of remortgaging after fixed period expired, unfortunately this was then 2008, so mortgages became unobtainable, and to use cards again to make payments, Later on employer paid us late so missed payment date on DD with credit cards, so Barclaycard rate jumped from 6.7% to over 30%, ended up juggling credit cards until breaking point in 2010, since then all unsecured debt has been on token payments as advised by C.A.B. Wife very ill in hospital while pregnant for three months then made redundant after having 1st child, became ill with post natal depression, not able to return to work. Managed to sell parts of property to reduce secured borrowing to less than half original amount and pay arrears at the time, still unaffordable though. Wife then ill in hospital with second pregnancy for nearly six months diagnosed pre-natal depression and then post natal, still being treated 3 years later. Hanging on by skin of our teeth trying not to lose house but most importantly mortgage, as with our now ruined credit record would be hard to get new one. PLEASE DELETE ANY OF THE ABOVE OR BELOW IF ITS IRRELEVANT OR TOO PRIVATE Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, originally with mercers who could not accept token payments officially but said to pay them anyway, but they quickly handed to Moorcroft, then when MKDP took over the account in July 2011, we received first contact in August 2011 we were very confused as their letters only listed their own Reference number and that it was for a Barclaycard debt, no credit card number to identify which card it was in relation to, my wife also has a Barclaycard debt that I became point of contact for and also an Egg card debt that keeps getting referred to as Barclaycard. At the time we were convinced that moorcroft had the debt and thought that due to the lack of detail on the letter from MKDP that it was a mistake. Then 1 year later Sept 2012 they sent another letter saying Final Notice and that they would transfer debt to pre-litigation department. We sent a letter to them a fortnight later, saying that we do not know which one of our card accounts this relates to as there was no account number in their letters, and could they send us some more info so we know which card they are dealing with. Just under 2 weeks later we had a letter from them to say that they were in receipt of letter and thanks for writing, that they were unable to resolve query and would liase with original creditor. They said they would conatct us as soon as a response received but no later than 8 weeks from the date of the letter. We actually got no response until late March 2013 but it was another letter saying that they were unable to resolve query and would liase with Barclaycard. They said they would conatct us as soon as a response received. Then another letter early April stating that they were unable to resolve query and would liase with original creditor. They said they would conatct us as soon as a response received Quickly followed a week later by a letter saying please find enclosed documents that you have requested RECONSTITUTED CREDIT AGREEMENT. This was weird as I had never requested this, I only wanted to know the account/card number. Even weirder was that included with the reconstitued agreement was a letter addressed to me from Barclaycard dated March 2013 referencing MY request for the section 78 information request. I made no such request and can only imagine that MKDP forged a letter from me to Barlcaycard in my name!!! Now having the card number we wrote to them at the beginning of May 2013 to explain our dire circumstances and to make a token payment of £5 per month as advised by C.A.B. Just over a week later they replied and said that they were unable to resolve query and would liase with original creditor. They said they would conatct us as soon as a response received, identical letter received in June, July and August 2013. We wrote again in November 2013 to say we had not heard from them as to whether they accept our offer of payment. (all this time we were unable to pay them token payments as they had not provided any bank details) We then heard nothing from them for over a year and assumed they had passed the debt on, the period of silence has become quite common when there are gaps between DCA’s that we have dealt with. Then this month we receive the County Court Claim Form. I have contacted Barclaycard customer service who deny that MKDP contacted them since the debt was sold and certainly was not liasing with them, they said the the debt with them is effectively settled and is now sole responsibility of MKDP and has need since July 2011. So all of the afore mentioned letters from MKDP are lies! What can we do next, we have no money to pay anything other than token payments, our income and expenditure still shows serious deficit. I don’t believe that this should be going to court as they have dealt with this account poorly and obstructed us from payng them any money. We HAVE been in contact with them! I feel that trying to claim the full amount owed through court when they will only have paid a fraction of the amount for the debt is totally unjust. I owed the original amount to Barclaycard, they have written that off now. They may have tried phoning throughout the process, but I never answer again as advised by C.A.B. Should I try to speak to them over the phone to point out their shortfalls in the hope of them withdrawing court action? Never been to court before and am afraid, don’t know what to do for the best, please help!
  23. Like many other debts I am trying to sort out independently after Payplan dmp closure. Barclaycard Visa, I last heard from them by mail 4 years ago, at my old address, when I was living there. My guess is they have not updated my new address details. I have been paying them through PaySham until a few months ago. Paysham estimate the debt as £350. In reality, who knows. It may have even been transferred to a DCA. Again, who knows. I wrote to them with a CCA a year ago. And then again in June stating that as I had not heard from them, I would withhold payment (as I did with other creditors). No response. Common sense says I write to them again confirming my updated address. But is there any merit in just leaving it, as the ball is in their court so to speak? And if I do write to them, they may have already sold the debt on
  24. We are in the process of collating documents together to write to various organisations to claim charges and PPI payments. To cut a long story short, how would we find out the account number to an old Barclaycard account we held back in 2002? Is this something we could write to them and just provide adress details at the time of opening the account? Would that suffice? Cheers Shelley
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