5 yr old BC default

[evancosmo]

As a new convert to CAG I've been attacking the neg info on my credit files with gusto firing off SAR & CCA like they're going out of fashion (loving it too if I'm honest)!

 

I'm unsure how to proceed on a BC account showing on file as defaulted in Dec 04 (5 yrs old this year). its from a time when I moved around a bit & never have had a DCA approach me about it. Not a huge amount of money (but still not to be sniffed at just under £700).

 

So my question is should I go down the cca route (although barclaysharks seem to be giving people the run around with these), cpr or subject access? Don't really want to sit it out although that isnt completely out of the question.

 

Any suggestions warmly welcomed peeps.

 

Thanks

[kurvaface]

well if you spend the next year deciding how to approach this one it will become statute barred.

[evancosmo]

had crossed my mind but open to suggestions

[slick132]

Hi EC,

 

If you've heard nothing about this a/c and paid nothing towards it in the past 5 years, I'd leave it for now. As said already, another year and it'll be Statute Barred.

 

Also, getting sight of a BC credit agreement is hard, as you'll have seen from other threads

 

Don't be surprised if your activity re other a/c's brings you back onto BC or Mercers radar.

 

If there are penalty charges to be reclaimed on other a/c's, then a SAR is the way to go if you doin't have the necessary statements.

[evancosmo]

Thanks for the input Slick. Thinking that I'll take your advice & leave sleeping dogs lie with this being my problem that is closest to statutory deadline. It will be interesting to see if BC / Mercers pick up the gauntlet! thanks again

[slick132]

Yep, leave the hound a-snoring !

 

Forgot to add, they make pick up on the fact that it's close to 6 years old and chase for that reason alone.

 

:)Best to wait and see...........

[sunflower99]

Hi evancosmo!Yes i think getting so near the six years best to let sleeping dogs lie! but being such an old BC account a good chance if it comes to the push and you do have to go down cca route as it is such an old account good chance it is not a properly executed one or has been shredded!

[evancosmo]

I've decided to pursue this after all. Will update as more info becomes available

[postggj]

why

 

by the time it gets to court, it will be statute barred

 

just leave alone for five months

[evancosmo]

Me & my big mouth! Out of the blue a letter shows up from Barclaycard informing me that on January 1st 2005 they assigned this account to 1st Credit, lo & behold a letter shows up from them four days later. s.78 request sent so lets see what happens.

 

One thing though that I thought was incredibly cheeky! 1st Credit offered me a data subject request for a tenner; are the DCAs that hard up?? Thanked them but took the one pound special instead!

[slick132]

I don't think the date they assigned the debt is as relevant as the date on which you last paid to the a/c, or acknowledged the debt.

 

For this reason, a SAR may well be the best move, to show:-

 

1. When you last paid to the a/c.

 

2. How much of the a/c balance is penalty charges which you can reclaim.

 

Begin any letters you send to them with the paragraph:-

 

I acknowledge no debt to Barclaycard or to yourselves.

Depending on the level of penalty charges on the a/c, if you claim Contractual Interest as well as the charges, you may be able to reduce any alleged debt considerably.

[evancosmo]

Thanks Slick (been away for two weeks hence the late thanks)

[the_shadow]

Keep an eye on your credit file so that 1st credit dont change the default date when they register it in there name instead of Barclays, dates should stay exactly the same.

 

S.