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Barclaycard - Wescot Debt collection


gertylove
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Can anyone help ???

 

Back in Feb 2009 we instructed Credit Issues to look into our Barclaycards in regards to 'Unenforceable credit agreements' & paid them £1050 for the pleasure - they informed us that they were in breach of the credit act 1974 and told us to stop paying Barclaycard. I have now found out from the solicitors that Credit Issues were using that they ( credit issues ) are now in liquidation (not paid the taxman!!) and due to the latest court rulings it is not advisable to issue court proceedings against Barclaycard, as the courts are ruling in favour of the credit companies. On the same day we have recieved a letter from Wescot Debt collection asking for full & final payment of £8300 - we have not got this and are already in a debt management plan - I did write to Wescot and inform them that the account was in dispute and they have written back saying that they will get in touch with their client and suspend all collections whilst they investigate.

Where do we stand legally ????

If I inform the debt management I feel I will upset my other creditors ( one of whom are asking for a charging order on our house ).

Should I offer to make a direct payment to Wescot - this will not be much - money is very tight - we had a period of unemployment, which starting this ball rolling, tho we are now back working.

Any advice will be much appreciated .

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Hi gertylove,

 

Welcome to CAG!

 

I'm not certain what you should do with regard to the debt management company, and others will advise on that.

 

I'm a bit confused. Why would you want to issue proceedings against Barclaycard? I wouldn't recommend that. It's become clear that it's better to wait for the card companies to take action against you - if they wish to.

 

However, you can still claim if you have been mis-sold PPI. Is that what you mean?

 

On what basis did Credit Issues tell you to stop paying Barclaycard? Did they send you a copy of the credit agreement they had received from Barclaycard and point out where the 'agreement' didn't have the prescribed terms, or something like that?

 

When was the card taken out? Was it always a Barclaycard, or was it something else first, like Goldfish or Morgan Stanley for example?

 

If you do have the agreement, you can remove all identifying parts - name, address, etc., - and post it up for us to have a look at if you like.

 

DD

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Hi gertylove

 

Did Credit Issues ever send you copy of your CCA? Have you got Penalty Charges on any of your Credit Card Accounts that you could claim back with contractual interest, or have you been mis-sold PPI on any of your Credit Card Accounts? If Credit Issues haven't sent you a copy, then send Barclaycard a CCA Request with a Postal Order for £1. They have 14 days to respond to your request. Scan, post removing all personal details, the guys here can check the agreement for you. Then it might be possible to put the account in dispute.

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Credit Issue told us that neither mine or my husband Barclaycard were able to produce a copy of the credit agreement and that Credit Issues informed them of the default - since then the test cases have been heard and an judgement was made that the credit card companies can now 'reconstruct' an agreement as along as the terms & condition mirrored the original agreement issued at the time - my card was taken out over 20yr ago and my husband's was around 2005. I haven't heard about my card as of yet but Wescot are now chasing my husbands account.

 

Credit Issues have got the copies of the agreement that Barclaycard sent us - but I could ask for them again.

 

These were always a Barclaycard credit card - not known by any other name.

 

The solicitor who was acting for the credit issues customers rang me today to explain that most of the cases which end up in court since this judgement are found in favour of the credit card companies and you end up paying the court cost.

 

What I 'm most worried about is can they try to bankrupt us for this matter or is the worst thing they can do is get a CCJ against us ????

Thank you for any help with this.

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Hi Gerty,

 

I've removed your posts from Zararh's thread as you have now started your own thread here.

 

Surely the best way forward is to bring the BC a/c's into the DM plan, so they are accepting pro-rata payments along with your other creditors.

 

I don't think a CCA request to BC will do much to help you really. They can reply with just a set of T&C's and the a/c will no longer be in dispute.

 

Do you have all your a/c statements so you can see if you've suffered penalty charges on the BC a/c's. If you don't have all your statements for the last 6 years, you should send off for them now using a SAR - http://www.consumeractiongroup.co.uk/forum/content.php?552-Data-Protection If you can't see this Article immediately, please try again later as it needs to be re-activated after our site update.

 

You can reclaim all penalty charges on the a/c's plus compound interest, to reduce the balance owing.

 

If there is mis-sold PPI, you should also look into reclaiming this plus compound interest. If penalty charges or PPI are on the a/c's, this will be a recognisable dispute and should stop any action that Westcott are taking.

 

If Westcott take court action and win, the CCJ could lead to further action such as a Charging Order, if you own your home.

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Hi Slick123,

 

I think I'm going to have to inform the DM - and I will send off for the statements on both accounts as I'm not sure if we did get any charges on the accounts - charging order I can cope with - going bankrupt and losing my children's home is a big NO NO.

 

Thank you for your advice :)

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Hi Gerty,

 

Forget the numbers ........... just plain old Slick will do fine.

 

We're here to help whenever we can, especially when you're stressed.

 

:grouphug:

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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