Barclaycard continue enforcement of un enforcable credit card debt.

[Highlander5]

Can any one help. Barclaycard claimed I owed them a debt last year but I did not recorgnise it at all. I made a request for the original contract. Barclaycard wrote back saying they could not provide me with any details about the account other then they had aquired it from Morgan Stanly. They sent a 're constituted' terms and conditions which were very generic and onle line statement saying what the total being demanded was (£7000). They confirmed in the letter that the debt was unenforcable. They quoted some strange case laws suggesting that because of these cases they were within their rights to continue to enforce the demand even without any contract between us. They have now registered a deafult notice against me and passed the debt on to Credit Solutions for collection. I have talked to FOS who beleive that Barclaycard were wrong to do this but that FOS have no power to stop Barclaycard from enforceing the un enforcable debt. I talked to a senior manager at Barclaycard who told me that if I did not pay the full ammount within 14 days they would start court action to get a second charge on my home and add all costs onto the debt. I still do not know what this debt of £7000 is about as I have never had a Barclaycard or Morgam Stanly debt. What should I do to stop Barclaycard from harrasing me for this debt?

 

Thanks

[firstship]

Read" PriorityOne CUPTR 2008" Request for confirmation of documents..you will find this very helpful and it will give you the way forward

 

FS

[cornhusker]

May not help but several years ago I applied for and received a Morgan Stanley Card. I never even activated it! TMorgan Stanley were then transferred to Goldfish and I suddenly received a demand for a very small figure under 200 pounds but I had never even activated or used the card! I 'suggested' that someone within Morgan Stanley or Goldfish had accessed the account and used my details illegally and the debt was immediately cancelled! Since then Barclaycard have taken over Goldfish - sounds like a similar scenario.

[Highlander5]

Thank you for your responce and i will look into the posts recommended. I know that there are a lot more people impacted by false claims of debt then thoes that post on forums like this. I genuinly have never had this debt and I know of other people who have ended up paying debts that they never owed. It is frightining how Banks can manipulate the law and just demand money from people.

 

Thanks

[slick132]

Hi Highlander and welcome to CAG

 

We have a "prove it" letter which you should send to them - http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

You should mention that you have never had either a Barclaycard or a Morgan Stanley account.

 

Ask them to carefully check, as it would appear they have mistakenly chosen to pursue you for someone else's debt.

 

Also, point out that they have wrongly registered a default against you and you will take action against them seeking compensation for damage caused to your reputation, as per the case of Kpohraror v Woolwich Building Society.

 

Read up on this case yourself, and see how they respond to you.

 

[Highlander5]

Thanks slick132. I will send them the letter.

An update on the situation. Barclaycard DCA called me and asked me to settle the debt for £3800. I told them I knew nothing of the debt and to send me anything to demonstrate that the account they claim to be in debt even exsists as Barclaycard have put in writeing to me that they can not produce any data for the account, not even a list of transactions, a contract or any other information about the account. I was told by the DCA agent that if I did not settle on the day they would apply for a second charge on my house.

 

The agent also told me that the claim was based on an entry in my credit file. I checked my credit file and there is a default entered but it relates to an account that was in default in 2007 for the ammount they are claiming. The entry was by Morgan Stanly but I still do not recorgnise it as I have never had such an account and i would never have run it up to £7000.( I have not checked my credit file before now) Their is also no mention of Morgan Stanly before or after the one entry in my credit file. I now allso have a second default registered for the same ammount and account by Barclaycard.

 

Somthing is definatly not right about this. I am starting to get a little concerned at the power Barclaycard seem to have. This is starting to feel allmost like legalised Black Mail. Pay us the money you don't owe us or we will get a second charge on your house.

 

I am allso concerned that a lot of District Judges appear to be giving away second charge on homes like it was a windfall benifit for large financial organisations.

 

Surely there must be somthing the public can do to highlight what is going on and bring it under control.

 

I am starting to think that the only way out of this for me is to pay up or get expensive solicitors that i can not afford. Even if i had expensive solicitors there is no gurantee that I can stop Barclaycard.

 

So much for your flexible freind

 

I am going to try and resolve this using the advice and letters on this site first. I will post how i get on.

 

Thanks

[Desperate Daniella]

If it is not your debt they cannot enforce it. They cannot enforce anything without proof. If you have never had a Morgan Stanley account they cannot prove you have.

 

As far as the threat by the Barclaycard agent telling you that they can apply for a second charge on your home is concerned, they cannot do this without getting a Judgment against you. If they could, all these lousy banks and DCAs would be at it. He has deliberately lied and misled you and you should call OFT and the Financial Ombudsman first thing tomorrow and report him. I've reported Barclays/barclaycard to the FOS loads of times over all manner of things and they've always backed down.

 

The agent's name didn't begin with 'D', did it? I once had a Mr D from barclaycard telling me that if I didn't make a payment immediately, at 9.00 p.m., he would have a debt collector banging on my door at 9.00 a.m. the following morning. I was crying and hysterical, and giving him the payment would have meant I had only £3 left for the following fortnight, and he kept on and on shouting and trying to bully me. B****rd.

 

Without proof of the debt they won't be doing anything if you let them know that you are perfectly well aware of your rights and legal position.

 

DD

[slick132]

Hi Highlander,

 

Avoid talking to any DCA on the phone. Tell them to put anything in writing so you can include it in the case you are building against them.

 

Ignore their threats about second charges, etc. They cannot take court action based on just an (incorrect) entry on your CRA files.

 

If they do take court action, this will be your opportunity to defend, clear your name, get the incorrect CRA data removed and seek compensation for damage caused to your reputation.

 

I assume you now have copies of your CRA file showing the 2 defaults. Use this to contest the entry with Experian or whichever CRA's show the entries.

 

You should not need to use a solicitor although that is, of course, your prerogative. We should be able to provide you with adequate support here.

 

I assume this is either a case of mistaken identity (where they chase you because of a similar name) or one of fraud (where someone has opened an account using your name and address and run up a debt).

 

I think it's more likely that it's mistaken identity, so look carefully for any differences of name spelling, initials, address, etc.

 

Have you read up on the Kpohraror case I referred to above.

 

[Highlander5]

Thanks for your response. I think it is worth pursueing a clim in line with Kpohraror v Woolwich Building Society. Since the original default was around 2007 my understanding is defaults last 6 years of which four had passed. The new default would remain on my credit file and impact my credit rating for an additional 2 years past the original date. My understanding is that Regardeless of who now owns the debt (and it's not me), Barclaycard should have known that a deafulat was allready registered on the account when they acquired it (from Morgan Stanly or Gold Fish). If they claim they were unaware they will be in breach of financial regulations which state that accurate records need to be kept of all accounts for six years and that full details need to be passed on with any debt from one company to the other.

 

I now have a claim form from FOS asking for details of my complaint. Can any one give advice on the best way to complete this to make sure FOS are fully aware of how Barclaycard and their debt collection agent CCS are conducting themselves in this case?

 

Thanks

[slick132]

Re completing the FOS complaint forms, just complete them accurately, honestly and briefly.

 

Make it quite clear that you have never had any such account.

 

Be aware that the FOS will take months to complete any such investigation and the outcome may not give you any real justice. But you can use this time to research what remedies you can pursue yourself, to get proper justice and compensation.