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barclaycard can i get anything back even though i defaulted


sharpgun
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:confused:I have been offered by a company for 10% of the outstanding balance to erase any outstanding dept to a credit card company as long as the dept was prior to 2007 a.nd to erase any adverse credit recording .

my question is can i not do it myself?

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Post up what the card is and from who and at whatv stage any defaults arrears are and people can help, the more info you provide the more people can gauge the best way to proceed.

 

But basically

 

if the card is still with the OC send them a SAR to see if any charges have been applied and also request the agreement

 

if with a dca send a cca request to get a copy of the agreement

  • Haha 1

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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the depts have been sold on but i still have the adverse credit on file one of them was barclays the other mbna. the company who bought the dept tried to get an order on my property but i disputed the dept with them on the grounds of charges and they then dropped there claim.

so it is now just sitting there. so going back to my first entry there are companies who say they can lift the whole dept for a fee which would clear any adverse credit. can i do the same my self

any ideas

 

hello hello hello

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the depts have been sold on but i still have the adverse credit on file one of them was barclays the other mbna. the company who bought the dept tried to get an order on my property but i disputed the dept with them on the grounds of charges and they then dropped there claim. So it is back with the original creditor then?

so it is now just sitting there. so going back to my first entry there are companies who say they can lift the whole dept for a fee which would clear any adverse credit. can i do the same my self

any ideas

 

Still not sure what you are asking, are you trying to get the default removed or are you disputing that the debt exists?

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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trying to get default removed.

so im led to believe any credit cards taken out prior to april 2007 heve loopholes in the agreements plus the fact that alot of the credit card companies did not keep the original agreements they copied them and under the current law they have to have the original contracts i think that is one point but as i said earlier ithere is a company that can take the defaults off the register is there any one on this site who is familiar with that procedure

 

ok have read some posts on here .

barclaycard sold the debt to arrow global who were taking me to court they then withdrew the court case because i wrote to them saying i wanted to know what the excess charges were.So they are not chasing me for the debt. should i send barclaycard a sar and see what they send me. i am told that i can get them to remove the bad credit default on the register is this the case? the card was taken out in 2004.

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Send BC a sar, if the deafult is all down to unlawful charges then yes you have a case to get the default removed, also write to the CRA and say that you dispute the default on the grounds of it being placed due to excessive charges being applied that you dispute.

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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  • 1 month later...
Send BC a Subject Access Request, if the deafult is all down to unlawful charges then yes you have a case to get the default removed, also write to the CRA and say that you dispute the default on the grounds of it being placed due to excessive charges being applied that you dispute.

 

You need to do as PGH7447 has suggested above!

 

Have you sent a SAR?

Are the defaults due to charges being levied?

Have you claimed back your charges?

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  • 1 year later...

hi all,

ok i had a barclaycard from 01 to 04 when i defaulted for 8k have just looked at my statements and i had many charges and thirty odd a month for ppi. my question is do i keep quiet or can i get anything back and can i get default removed

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well if its 2004, then it should roll off the cra as now also 6yrs?

 

as for the charges and ppi yes you can all of it + int!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they can only set-off ARREARS against any reclaim not complete bal.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so the 30 odd pounds i paid to ppi per month i can claim most back

- no ALL of it!+ int at their purchase rate + 8% stat int on top.

 

the late payment charges? same

plus arrears charges? same

is that right - sort of

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/146530-have-you-received-threatening.html

 

toward the end is a discussion about this i think.

 

oh and niothing negates the 6yrs

once a period of 6yrs has existed, the debt is SB and NOTHING can unbar it.

 

dx

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think, before you do anything with this, you need to check that the debt is now, without doubt, statute barred. This means it is over 6 years since you last paid toward, or acknowledged, the debt.

 

If this is the case, you can still reclaim charges beyond 6 years by relying on s.32 Limitation Act 1980. In theory, if you start a claim for repayment of the charges, you should be able to get them repaid to you direct and NOT credited to the unpaid debt. If the case went to a court hearing, you may have trouble convincing a judge you have a moral right to a direct refund when the debt remains unpaid.

 

You may run into trouble if the bank agrees to refund voluntarily before any court action is started, because they would surely refund to the a/c to reduce the debt.

 

As regards PPI, to get anything back on this, you will have to be able to argue that PPI was mis-sold or wrongly applied. Again you would have to rely on s.32 Limitation Act 1980 whilst avoiding any suggestion that you waited for the debt to become statute barred but then used s.32 to your advantage.

 

I'm playing Devil's Advocate here, but I don't think a claim for refund of either charges or PPI will be straightforward.

 

It may be better to just be grateful you have avoided repaying the a/c balance, and let the matter rest without seeking the refunds.

 

:)

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  • 3 months later...

hi all I had a credit card some years ago with barclaycard withwhich i ran up a dept of six grand ish. I the ran out of work and couldnt pay them any more I tried to claim on the insurance but they said that because i self employed i wasnt covered. A few years later they had sold the account on and that company were trying to take me to court to get a charge on my house. So i hit them with i am disputing the account because of charges etc etc, well believe it or not they dropped everything and went away. my question is even though i still owe them money can i still get back myy ppi costs which approx £35 a month? nay advice greatly appreciated

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Hi Sharpgun,

 

The short answer to your question is " yes you can"

 

However your claim will no longer be against barclaycard, but the other company who bought the debt.

 

First starting point is to gather all the information you can about this debt, including monthly charges, repayments, ppi charges etc.....

 

Do you still have your credit card statements going back to when the card was opened??? If not you will have to submit a Subject Access Request (SAR) to barclaycard requesting they send you all information they hold on you as a data subject, including card statements, credit agreements etc...

 

You send the letter along with a postal order for £10 to the Data Protection Officer at Barclays head office in London. This is a legal requirement on them and they cannot refuse to send you the information and they must supply it within 40 calendar of you sending the request. One other very important thing is that you send the request by recorded or special delivery for proof of delivery.

 

Once you have all the data, come back on the forum and we will do our best to help.

 

In the meantime there is lots of information on the forum about others who have been in the same position as you. Have a read around, particularly in the sticky at the top of the page entitled " notes for new claimants"

 

Best wishes

 

DJ

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