8 yr old Barclaycard debt - any advice would be much appreciated

[Is this ok?]

I'm hoping that someone with experience of this matter may be able to help me please.

 

I'll do my best to not make it long winded.

 

Divorced in 2000

Split debts between us

One I carried on with was a Barclaycard Visa debt in my name

I contacted BC Visa in 2000 to inform them that as I was now a single working parent of 5 with my income supported by family credit could I have reduced payments. They agreed to reduced payments each month until the account was cleared.This was confirmed by letter. I had to send the first payment by cheque & set up a standing order, which was immediately done & the following months payment was collected.

 

Debt in 2000 - £5xxx.00?

Total paid to date - £5xxx.00

The Standing order is still active & paying each month. edit I have now cancelled SO

 

I contacted them in Aug asking for the balance of my account as I was aware I was nearing the end of clearing the balance & received a reply from them Sept 088) quoting a balance of £1015.95.

 

The only contact I have had from them since this repayment agreement was set up in 2000 was a letter confirming my repayment plan was up to date, & confirming the letter I had sent them about my impending marriage & therefore name change. This letter is dated 21st March 2001.

 

I also asked them why on my credit record they had put a big fat red 8 score that I had defaulted in 2002. I have never missed one Standing order payment. They said they would immediately remove the default, which they did & sent a letter to confirm this. But does this get wiped from my credit record?

Edit Checked Experian credit report today 16 Nov. Not only has the default been wiped from my credit record so has any evidence of the account!

Edit Phoned Experian 22 nov. The default dropped of my report due to it's age in June 08. Nothing to do with BC removing it. At least that's one mystery resolved!

 

I started off with the Standing order showing on my bank statements paid to Barclaycard & at some stage later they showed as paid to Mercers, I have never changed the Standing order details to go to another dept. . My guess this happened around the time that they say I defaulted.

 

I have asked for copies of my statements (8 seperate times over last 2 months via the phone, I have the times dates & contacts written down of all these calls) since this repayment plan was started as I have never received one single statement. They said that they can only go back to 2002 & that they have been ordered. I still do not have them. They were reordered 'again' yesterday.

 

Edited to say that I have received copies of statements today these are dated from 07 2002 until 07 2004. The first starts with a balance only £300.00 less that the balance in 2000 after I had paid them over 1k

So only 2 yrs worth of statements. This is the first time I have seen these.

Should they have sent me a revised agreement when the repayment plan was started? I have nothing like this. Nowhere have they said that I have to pay this or that much interest on the revised amount.

 

Edited again to state- I have received another bundle of statements. These follow from the last ones & end in May 2007 with a zero balance. Still nothing from 2000 - 2002

 

Edit Another bundle of statements arrived on 18/11 with a covering letter apologising for delay & inconvenience.

These are just copies of some of the ones they sent me the with first 2 deliveries.

They start 11/2007 & go through till 07/2004.

 

They said that no one can tell me why my outstanding balance is still over a £1000 as they do not have access to such information.

 

If I write & request all the data they hold on me (S.A.R - (Subject Access Request)) will they then have to supply all of the statements from when the account was first opened? I think this was about 1997. What happens if they don't & what time scales do they have to reply to my request?

 

Sorry for all the questions but having read through some of the cases I see that it's something that I maybe need to do next.

 

Should I stop the Standing order as I feel that the balance from 2000 has been more than settled & any money they collect now could look like an admission that I still owe them.

 

I am getting really stressed out over it all.

 

Any advice on what to do next would be wonderful.

Sorry if this has become a bit long winded but I needed to give as much info as I could.

 

Thank you

Edited December 11, 2008 by Is this ok?
adding updated info credit record-another update

[rory32]

I am getting really stressed out over it all.

 

Well stop that straight away.

 

If they are unable to show the full acount history then how could they show that a balance is outstand? (sorry for the question mark - it's a rhetorical question). Quite simply they would have great difficulty.

 

Personally, yes I would stop the standing order. You can't allow this to go on indefinitely.

 

In light of them appearing to be playing silly buggers have you thought about asking for a copy of the credit agreement? As the account was opened some years ago it is unlikely BC will still hold a copy and even if they do it is unlikely it will comply with the Act.

[havinastella]

I would also cancel the Standing Order ASAP.

 

Send Barclaycard the SAR

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

This should get you a full run down of your account including charges.

 

If there are charges we can help you reclaim them, Barclaycard are paying back charges before Issuing Court papers at the moment.

 

JOgs

[Is this ok?]

Well stop that straight away.

 

If they are unable to show the full acount history then how could they show that a balance is outstand? (sorry for the question mark - it's a rhetorical question). Quite simply they would have great difficulty.

 

Personally, yes I would stop the standing order. You can't allow this to go on indefinitely.

 

In light of them appearing to be playing silly buggers have you thought about asking for a copy of the credit agreement? As the account was opened some years ago it is unlikely BC will still hold a copy and even if they do it is unlikely it will comply with the Act.

 

Hi Rory32

 

Thank you so much for a speedy response. I feel already that someone is listening after my request to BC has fallen on deaf/ignorant ears.

I do not think that they would have the original agreement after all this time (they have already told me they cannot access anything prior to 6 yrs ago) so without it can they not persue me for any more of the debt.

If asking for all the personal data they hold on me would that not have to include the original agreement?

I have so many questions!!

If I stop the standing order would I have to inform them the reason behind my decision? I'm so worried about causing further problems.

[Is this ok?]

I would also cancel the Standing Order ASAP.

 

Send Barclaycard the S.A.R - (Subject Access Request)

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

This should get you a full run down of your account including charges.

 

If there are charges we can help you reclaim them, Barclaycard are paying back charges before Issuing Court papers at the moment.

 

JOgs

 

Thank you.

I'll get the letter to them asap. Shall I include in the letter that I have stopped the Standing order?

[rory32]

so without it can they not persue me for any more of the debt.

 

They could try and pursue you but they couldn't enforce the account in any way so ultimately would just have to write it off.

If asking for all the personal data they hold on me would that not have to include the original agreement?

 

Really it's always best if you specifically ask for a copy of the credit agreement.

If I stop the standing order would I have to inform them the reason behind my decision?

I certainly think you should inform them. It's not a case of you are unwillinging to pay, it's simply a case that you believe that you have paid this debt off.

[havinastella]

Hi ITO,

 

They have to keep the CCA for 6 years after the account is closed due to money laundering and something else, so they may have a copy of something. It's normally an application form which is totally unenforceable.

 

If you send the CCA request, letter 'N' here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

make sure to use this in your request

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

 

Enclose a £1 postal order and do not sign the letter.

 

JOgs

[Is this ok?]

They could try and pursue you but they couldn't enforce the account in any way so ultimately would just have to write it off.

Really it's always best if you specifically ask for a copy of the credit agreement.

I certainly think you should inform them. It's not a case of you are unwillinging to pay, it's simply a case that you believe that you have paid this debt off.

 

You are a star!

 

I've just got my S.A.R - (Subject Access Request) letter printed off. I'll do another to add that I require my original agreement & inform them I've stopped the standing order as I believe the balance was paid off 2 months ago.

 

On another query, sorry Rory32, will my credit rating be clear as they said that they have removed the default.

It was fine other than that.

Edited November 12, 2008 by Is this ok?

[MARTIN3030]

They are not being economical with the truth-we KNOW they have account info going back more than 6 years-THEY also know that a CCA or SAR is not covered under the limitation act.

[Is this ok?]

Hi ITO,

 

They have to keep the CCA for 6 years after the account is closed due to money laundering and something else, so they may have a copy of something. It's normally an application form which is totally unenforceable.

 

If you send the CCA request, letter 'N' here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

make sure to use this in your request

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

 

Enclose a £1 postal order and do not sign the letter.

 

JOgs

 

Sorry but I'm new to this and very confused. Can you explain exactly what you mean by this please? Do I just copy and paste that underlined paragraph and include it in letter N? Is there a reason why I should not sign the letter? Sorry about this but I haven't yet got my head round all this legal-ese speak!

 

They are not being economical with the truth-we KNOW they have account info going back more than 6 years-THEY also know that a CCA or SAR is not covered under the limitation act.

 

Ok, so I'm really confused now! Doesn't what you typed contradict what is being stated? If they have these records then why don't they use them to enforce the agreements & why tell us they don't have them?

Edited November 12, 2008 by Is this ok?

[Is this ok?]

The address I have from Barclaycard to request my

CCA & S.A.R - (Subject Access Request) is

 

Barclaycard DPATeam LRC

Barclaycard

1235 Pavillion Drive

Northampton

NN4 7SG

 

Is there anyone that could confirm this to be correct before I post them? I ask this as I have read in other posts that things have gone to wrong addresses & delayed matters.

 

Many Thanks

Edited November 12, 2008 by Is this ok?

[havinastella]

Hiya Mate,

 

thats the one I use.

 

JOgs

[Is this ok?]

Hiya Mate,

 

thats the one I use.

 

JOgs

 

Thank you, much appreciated.

I did not want them to say that I had sent it to the wrong address.

 

Edited to add that I have asked you a question above about your invaluable advice last night if you would please have time to answer it.

Edited November 12, 2008 by Is this ok?
Asking a question

[havinastella]

sorry mate,

 

What is you you need to know?

 

Jogs

[Is this ok?]

sorry mate,

 

What is you you need to know?

 

Jogs

 

If you would be so kind as to look at post # 10 I have quoted you & asked you a question about it.

 

Many Thanks

[havinastella]

If you would be so kind as to look at post # 10 I have quoted you & asked you a question about it.

 

Many Thanks

 

Yes, you need to incorparate that into your request, they should send it without asking but never do. If you bring their attention to it, they have no excuse.

 

Never sign a letter to a DCA as it's amazing what you can do with photoshop

 

JOgs

[Is this ok?]

Yes, you need to incorparate that into your request, they should send it without asking but never do. If you bring their attention to it, they have no excuse.

 

 

 

Never sign a letter to a DCA as it's amazing what you can do with photoshop

 

JOgs

 

 

So sorry to keep mithering you with all these questions. I so do not want to do this wrong & I really appreciate your help.

 

You mention a DCA. Does that mean I need to send the request to Mercers & not Barclaycard?

 

They would have to do a fraudulent job with photoshop with my signature as when I took on the card my surname was different.

In fact not one letter of my previous surname is in my present one. Would be funny if they tried!

[havinastella]

LOL,

 

Well sign it then, that would be great if it came back with your new signature

 

The request goes to the Company chasing you. So send it to Mercers if they are the ones.

 

JOgs

[Is this ok?]

LOL,

 

Well sign it then, that would be great if it came back with your new signature

 

The request goes to the Company chasing you. So send it to Mercers if they are the ones.

 

JOgs

 

I'll sign it & hope they photoshop it on to a CCA of some sorts. Would like to hear them wriggle out of that one.

 

No one is actually chasing me. It's me doing the chasing trying to get to the bottom of why there is still this balance. Why they wont supply the full 8+ yrs of statements. Why they say I defaulted 2 yrs after I started the agreed payment plan, when the Standing order set up at the beginning has never missed a payment. Also why a big fat 8 was put on my credit rating 2 yrs after the plan start. I have asked BC all these questions but have got no answers.

Edited November 23, 2008 by Is this ok?

[havinastella]

So send the letter!

 

JOgs

 

And stop paying!

[Is this ok?]

So send the letter!

 

JOgs

 

And stop paying!

 

 

Let the Battle commence!

 

The letters' will be in the post tomorrow & they are going special delivery so that they cannot say they have not received them.

I'll keep this thread updated with any news as & when I receive any.

 

I do have 2 other very old debts that have been on reduced payment plans for longer than this one. They never hassle me as long as I pay the £10 & £6 each month. One of them has been sold 4 times. I just carry on paying them as a matter of course.I don't think the balances are any different than it was at the start. Possibly more.

If I get this battle resolved I will have a bash at these.

I was never aware that I could query any of it.

 

Thaks again for all your advice.

[Is this ok?]

Sar & CCA ( I have included a letter informing them that I have cancelled the S.O. as I beleive I have over paid the debt) request sent Special Delivery today 13 Nov. The po counter clerk said it would be delivered before 1 pm tomorrow.

 

Am both looking forward & a bit anxious about what will come back.

[havinastella]

S.A.R - (Subject Access Request) & CCA ( I have included a letter informing them that I have cancelled the S.O. as I beleive I have over paid the debt) request sent Special Delivery today 13 Nov. The po counter clerk said it would be delivered before 1 pm tomorrow.

 

Am both looking forward & a bit anxious about what will come back.

 

 

Sit back and relax

 

JOgs

[Is this ok?]

update-14th Nov

 

Have received another bundle of statements

They date from 07 2004 - 05 2007

 

Like the last ones these are the first time I have seen these,

the last one (may 07) states a balance of 00.00

 

 

 

 

 

The accompanying letter states that no statements were produced for me in May - Oct 2007 as no payments or sales vouchers applied to my account during this time. I have paid every month from June 2000 to Nov 2008 so they really do not know what they are talking about.

If they say the balance was zero in May 2007 why then have they carried on accepting my S.O. payments every month? I have paid 20 payments since they say the balance was zero. I have bank statements to prove this.

 

 

This actually contradicts the letter they sent me in Sept 2008 stating a balance of over 1k. I only received this letter after I wrote to them saying that I believed the balance to be paid off.

 

I do not believe that these are actual statements. I believe they have been produced for me since I have been asking questions about the present balance for the past few weeks. I am also going to be very shocked if they produce a CCA because I do not believe they have one.

 

 

This is becoming more puzzling as it progresses.

 

Now what should I do, wait to see what comes back with my S.A.R - (Subject Access Request) & CCA request or contact them by phone now?

Edited December 11, 2008 by Is this ok?

[havinastella]

Never ring them.

 

When they transfer a balance to a DCA they write it off as a tax loss, it may be that balance they have sent you.

 

This could get interesting as you have been paying this debt since 2000 and they will only send you statements of account of the last 6 years.

 

Nudge me tomorrow to read through the whole thread again.

 

JOgs