I have no defaults - but was wondering...

[Czechoslovakia]

I came here about a year ago when I had received a bill in my fathers name (who died in the 1990s).

 

I was quite shocked how two letters claiming money by sheriffs officers could just be sent out basically threatening to take money or goods for a 'debt' that never existed.

 

Having lurked for a while, I started posting again recently as it seems entirely unbelievable the abuse and law breaking being directed at people by the predominately now public owned banks and those they pay to harass people.

 

My finances are OK. I have a Barclaycard from the early 1990s that currently has 6000 debt, and an egg card with nothing on it - but its been as high as £15 000.

 

From what I have read its likely my Barclaycard records sill not comply with the CCA, so without being in default, is there anything I could do to just tell them they can sing for that money?

 

Also - the Egg agreement started probably not long after they started. Now if that agreement did not comply with the the CCA too, then would all the interest they had taken from me be illegal and refundable?

 

I am in the process of transferring my banking to a credit union, as I am disgusted with what I have read here - but liked the idea if having a pop at them as I left.

[cerberusalert]

You could send a sar to them both to determine what unfair charges they have made which you can reclaim, this will also provide a copy of your CCA which if you scan and post up after removing personal details we'll be able to determine whether they are enforceable.

 

But be aware sending a request may start the alarm bells ringing at their end and they may decide to reduce your credit limit etc. Also if the CCA's are unenforceable it is highly likely that they'll begin to trash your credit file.

[Czechoslovakia]

You could send a sar to them both to determine what unfair charges they have made which you can reclaim, this will also provide a copy of your CCA which if you scan and post up after removing personal details we'll be able to determine whether they are enforceable.

 

But be aware sending a request may start the alarm bells ringing at their end and they may decide to reduce your credit limit etc. Also if the CCA's are unenforceable it is highly likely that they'll begin to trash your credit file.

 

 

Thanks for your reply.

 

I can actually tell you all my charges, which were from 2002 when I had moved house and was low on cash - at the same time a friend I rent a flat to forgot to pay his rent - and the Clydesdale Bank charged me thirty pounds something for going overdrawn.

 

I find the idea they could trash my credit file quite alarming, as I still have mortgages, and these need to be redone every three to five years to keep the rates decent.

 

If after finding any contact I had entered into that was unenforceable - this brings two questions to mind...

 

1. In non mortgage credit I only owe Barclaycard. If this is unenforceable, how could they trash my file if I kept paying while it was being decided? (Or would paying make contesting the agreement impossible).

 

2. The former credit cards (who I have had from many people - but the only one that was heavily used and still running is Egg) are all clear of debt. How could cards that have ended agreements with nothing outstanding, or with a current agreement standing at zero, be used to trash my credit file?

[cerberusalert]

1. In non mortgage credit I only owe Barclaycard. If this is unenforceable, how could they trash my file if I kept paying while it was being decided? (Or would paying make contesting the agreement impossible).

You can contest the agreement at any time, the problems could start when/if you stop payment. E.g even if the agreement is unenforceable the ico and the FOS are of the opinion that when you applied for credit you gave the creditor the right to process your data. You do have a legal route but that is not 100% see; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

2. The former credit cards (who I have had from many people - but the only one that was heavily used and still running is Egg) are all clear of debt. How could cards that have ended agreements with nothing outstanding, or with a current agreement standing at zero, be used to trash my credit file?

They can't because you're not in default. There is nothing stopping you reclaiming any unfair charges & PPI.