BarCard CCA request from Australia

[jaystar2020]

Hi All,

Tomorrow brings up day 14 after my CCA request to BarclayCard and another. These were sent and tracked by a co-combatant in the UK, however my BarclayCard address is in Australia.

 

Does the 12 +2 apply regardless of international circumstances?

 

Am I also correct after much reading here that I am being too kind, and could simply ignore the remainder of the (5k, now 2k) debt (am now on full interest and several years of occasional charges)??? Perhaps offer them a settlement?

 

Next payment is due 12 Jan, I will allow this time for the CCa to appear...any recommended next step?

Many many thanks,

J2020

[slick132]

Hi Jaystar and welcome to the BC forum.

 

I've moved your thread from the Barclays to the Barclaycard forum.

 

I can only confirm my understanding of the UK situation - whether it applies strictly to Australia where I assume your card was issued, I cannot say.

 

If they fail to supply the credit agreement within 12 + 2 days, they are in default and cannot demand payment etc until they comply.

 

If there is no credit agreement, you can repay the debt at a rate which you can afford and they cannot enforce the debt in court.

 

However, it may take months to reach that stage and, if you fail to keep up payments, they may still refer the debt to DCA's or take court action against you, even though they should not.

 

They'll not accept any offer to settle at this stage.

 

Have you reclaimed all penalty charges on the a/c to reduce the debt.

[jaystar2020]

Thanks Slick132

I have noted some of your previous posts with interest...(and charges lol).

 

The card(s) was from time in the UK, am now in Australia.

 

The S.A.R. is the next step...Should I wait, no CCA, refuse payment, trigger their demands, then send S.A.R., or get going now?

 

I have the same situation with MBNA - same actions?

 

Would love to know what the quickest route might be to come to a settlement with these 'people' - paying off the whole amount is not possible right now, however partial as F and F is...?

 

Many thanks

J2020

[slick132]

Hi JS,

 

Do you know what you have been charged in penalties in the last 6 years, even roughly.

 

These can be easily reclaimed from BC to reduce the debt.

 

In my opinion, you're a long way off from getting BC to take any F&F. In fact this is only likely once they've sold the debt to a DCA (for a pittance).

 

I think you should focus on getting back any charges. If it transpires that BC don't have a valid Credit Agreement, they should stop adding charges and interest to the a/c and you can then repay the debt at a rate you can afford.

[slick132]

Also, are you using a UK address to d/w this matter at the mo.

[jaystar2020]

Hi Slick132,

Sorry, missed your last post. Update -

Have CCA'd, and next week will SAR both Barclaycard and MBNA, so that is at least a month away.

 

No CCA from Barc as yet, however MBNA have replied - in a fashion. Please check out the post at

http://www.consumeractiongroup.co.uk/forum/mbna/174370-mbna-cca-request-australia.html#post1902347,

if you have any advice, fantastic.

 

No, address is a PO Box in Australia, for all.

 

Am waiting for Barc to respond to the CCA request. I have little idea of charges, would say hundred plus? Same for MBNA. Awaiting SAR to clarify this.

 

Regards

 

J2020

PS I have some good memories of The Planet, playing cricket in the summer evenings. Lovely. The Rec, though, not sure about that wicket!!