Jump to content


Debt recovery no CCA, barclaycard can I get DN removed?


Please note that this topic has not had any new posts for the last 3668 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have just received a letter back from a debt collection company to say that Barclaycard do not have the CCA and that the account is now closed and I owe them no money for that account...

Very happy with that but can I now get the default notice of my credit file that the debt recovery company put on?

Link to post
Share on other sites

when did they put this on?

 

when was your last financial in/out?

 

if the default was placed more than 3mts after that, then complain to the cra.

 

they are processing out of date information

 

give us more history.

 

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... 

 

 

Link to post
Share on other sites

It says defaulted on 04/2008 but it was first defaulted on in 2006 and I paid nothing from 02/2007.

I received the letter 12/8/10 to say the account is now closed and I owe them no money for that account...

Link to post
Share on other sites

if the default was put on 14mts after your last payment, then thats way out of order, esp as the defaulter held no cca.

 

pers i'd write to them pointing these things out.

 

there are plenty of threads on default removal

 

use our search

 

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... 

 

 

Link to post
Share on other sites
  • 1 month later...
I have just received a letter back from a debt collection company to say that Barclaycard do not have the CCA and that the account is now closed and I owe them no money for that account...

Very happy with that but can I now get the default notice of my credit file that the debt recovery company put on?

 

This was a letter from the DCC not from Barclaycard. The highlighted text suggests a colloquial way of saying they confirm you have no liability towards the DCC. The DN is likely to have been issued by Barclaycard (were you sent the DN by post, by whom?). If true then the DCC had not actually bought the bad debt from Barclaycard outright, being merely the current DCC trying to collect on behalf of Barclaycard. If true then the DCC was not really entitled to speak for Barclaycard for all time.

 

In the McGuffick High Court test case 6 months ago the judge ruled that DN issuance need not be preceded by the production of an enforceable agreement. He considered card statements as sufficient proof that a debt existed unrepaid. However the court was not obliged to rule the debt enforceable by law, if the agreement was not produced, or was irredeemably defective in text compliance. In the McGuffick case the claimant was actually motivated to remove the DN from his credit file, but this endeavour backfired, and the adverse ruling did no favours for consumers at large.

 

If you could prove the DN was not justified in that demonstrably no amount was owing to Barclaycard, that would be a different kettle of fish. Overturning a numerically justified DN involves usually a marathon struggle through the county court, see the link below. If the amount were small and Barclaycard were desperate for £ like Egg is, then they might consider a bargain tit for tat -- you pay them something even though they clearly have no basis for legal enforcement, then they return the favour by rescinding the DN.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?133906-quot-Egg-DNs-successfully-rolled-back-quot

 

 

Link to post
Share on other sites

hey thats good and is what should happen

 

who was the dca for ref???

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... 

 

 

Link to post
Share on other sites

blimey

lowlife removed a default!!!

 

thats two rare things today.

 

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... 

 

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...