Barclaycard merged and time is running out

[RupertTheBear]

Hello - I would like to thank you for the amazing amount of advice and information that is on this wonderful board. I have learnt a lot by lurking around.

 

I have just finished and printed a CCA letter request. However, before it's sent i would like to just run the basics through to see i am doing the right thing.

 

I stupidly ran up £1000 debt on a woolwich credit card. This card was then folded into a barclaycard (when woolwich and barclays merged) The barclaycard had another £1500 credit limit, which i used before the merger. So in total I now owe £2500 to barclaycard on one account.

I don't recall signing a CCA for the barclaycard, if i remember rightly this card was just posted to me as were new debit cards etc... I signed up for the woolwich card online - i think.

 

The last payment was made Sept 2002 - according to checkmyfile.com.

 

The account has been through many DCA's but the debt is now "vs Lowell", but still down as barclaycard on my credit file. I have just ignored all communication up until this point.

 

They have now sent me a few letters over the few weeks asking for full and final. They seem to be getting desperate.

 

My question is - can i hold out a month and a bit until it is barred. Or should i send a CCA now to stall them for the remaining month and 20days?

 

My fear is they will get a ccj now and scupper my statute barred status. How do you know they have applied for CCJ will i be informed before it is awarded...

 

I know that i was stupid to generate this debt in the first place. I am still only employed part time so even if they do CCJ me they wont be getting much money - as i've not got any and am repaying larger debts.

 

Any advice from the sages on this forum would be most appreciated.

Should i worry that JJB are reading this?

 

Many thanks for your time

Edited August 5, 2008 by RupertTheBear
edit title

[pmhcfc]

Hello - I would like to thank you for the amazing amount of advice and information that is on this wonderful board. I have learnt a lot by lurking around.

 

I have just finished and printed a CCA letter request. However, before it's sent i would like to just run the basics through to see i am doing the right thing.

 

I stupidly ran up £1000 debt on a woolwich credit card. This card was then folded into a barclaycard (when woolwich and barclays merged) The barclaycard had another £1500 credit limit, which i used before the merger. So in total I now owe £2500 to barclaycard on one account.

I don't recall signing a CCA for the barclaycard, if i remember rightly this card was just posted to me as were new debit cards etc... I signed up for the woolwich card online - i think.

 

The last payment was made Sept 2002 - according to checkmyfile.com.

 

The account has been through many DCA's but the debt is now "vs Lowell", but still down as barclaycard on my credit file. I have just ignored all communication up until this point.

 

They have now sent me a few letters over the few weeks asking for full and final. They seem to be getting desperate.

 

My question is - can i hold out a month and a bit until it is barred. Or should i send a CCA now to stall them for the remaining month and 20days?

 

My fear is they will get a ccj now and scupper my statute barred status. How do you know they have applied for CCJ will i be informed before it is awarded...

 

I know that i was stupid to generate this debt in the first place. I am still only employed part time so even if they do CCJ me they wont be getting much money - as i've not got any and am repaying larger debts.

 

Any advice from the sages on this forum would be most appreciated.

Should i worry that JJB are reading this?

 

Many thanks for your time

 

If you do what you've said (highlighted in red) they cant issue a CCJ if account is in dispute and that'll take it over the six years. Having said that, was Sept 2002 the time it was defaulted? If it was, then remember a default will only be issued after a minimum of 2/3 months non-payment.

[fuzzybobble]

For a close to Statute Barred debt I would send them the "prove it" letter. That will keep them busy for a while. If they come back with something, then CCA them. Make sure you add to the letter "The £1 enclosed is for the CCA request only and must not be used for any other purpose."

 

I found that DCA's work in two week cycles. So if you leave it over a week before replying each time, you will soon reach the Statute Barred stage. The trick is not to rush things. Keep the acount in dispute. Don't call them or admit to owing anything to them.

 

Theyll be aware it's almost statute barred, and as the deadline approaches, then they'll try every trick in the book to try and get you to admit the debt or get you to pay something towards it.

 

Keep us up to date on here. There's lots of people who can help you every step of the way. A month and a bit will quickly pass.

[vincentfan]

How do you know they have applied for CCJ will i be informed before it is awarded...

 

In my experience no you will not be informed

 

I got a CCJ from the 'virtual' Northampton court dated xxx

And a letter from Bryan Carters saying they are CCJing me with the same date xxx

So no time to contact the barstewrds

 

It is a no win

I am struggling to pay two CCJs from Carters but who cares

They certainly dont

 

But they have only CCJd me for court costs and arrears on both accounts

so what happens to the balance after the CCJ cost have being paid

I wish I knew

 

Sorry for the threadjack

I will go away now

[RupertTheBear]

Thanks for the advice. From what i can tell the last payment toward the debt was in Sept 2002 the default was in October. As i understand it - the 6years is from the date of the last payment not the date of the default. Although this seems like a grey area.

 

I'm going to sit on the CCA and send a standard "prove it" letter. I'm not going to include £1.

Will this dispute the debt and stall any legal action?

 

I think this is reasonable. I'll send it recorded, special etc so i have proof.

 

It is scary what these people can do vicentfan. I thought you had to take part in a ccj court thing so they could work out your budget and therefore the repayment level. I'm going to research CCJ's because at the moment it seems to be my/their main threat. Good luck with yours though.

[palomino]

vincentfan, you should have been sent a notice of hearing.

Have you changed addresses recently? Or even not so recently? Did the creditor (OC or DCA) have your current address?

 

I'm interested because a lot of people never seem to receive notices of hearing whenever BC is involved and I'm wondering why.

 

Write to the Northampton County Court (Bulk Centre) asking for a copy of the notice of hearing because you have never received it. They might only send the 'case details' but it will at least give you the address to which the notice of hearing was sent.

 

One further point : did BC claim for only part of the alleged amount outstanding?

[pmhcfc]

vincentfan, you should have been sent a notice of hearing.

 

One further point : did BC claim for only part of the alleged amount outstanding?

 

Vincentfan said: But they have only CCJd me for court costs and arrears on both accounts so what happens to the balance after the CCJ cost have being paid I wish I knew

[palomino]

Vincentfan said: But they have only CCJd me for court costs and arrears on both accounts so what happens to the balance after the CCJ cost have being paid I wish I knew

 

If you didn't get a notice of claim how do you know what they claimed for? Did you get a notice of judgment?

 

As to claiming for arrears this is getting onto a very sticky wicket. Are the arrears part of the alleged debt or not? If they are then they can't claim for the balance because it would mean they have divided the claim which is explicitly prohibited under S35 of the County Courts Act 1984.

OTOH if the arrears and the outstanding amount are perceived as 'different' then you could have two claims for the same debt. I'm thinking that this could be BC's new tactic.