Not sure what to do next -barclaycard /mk -credit card agreement

[JackShepherd]

Hello again,

 

I have an ongoing Barclaycard battle. It is now with MK debt collectors. Like many others on here I have an old (late 90's) credit card. They refuse to show me an agreement and keep sending t+c's etc. They say they have satisfied section 78 blah blah.

 

In their last letter they did send something I hadn't seen before. It is my signature on a terrible microfiche type copy of an agreement . There are no prescribed terms. It just seems to be all my personal details that I have confirmed with a signature and sent back to them.

 

I attach a copy of their cover letter. They say its their final response . What should I do now? This letter is actually their response to my twice sent CPR REQUEST ( do you or do you not hold a valid copy of an agreement signed by myself etc) .

 

http://i1078.photobucket.com/albums/w481/penelope-pittstop/img072.jpg

[brokebutnotbeatn]

So, they have nothing they can rely on in court. You could write with the in dispute letter, edited to suit , e.g. including something along the ines of "I refer to your letter's of xxx and yyyy which confirm that you do not have any original agreement upon which you could rely to enforce this debt in court. please Do NOT contact me again concerning this alleged debt' and then ignore.

[JackShepherd]

Thank you Brokebutnotbeatn,

 

I will write that out and get it posted after the weekend.

 

I hate it when they write letters like that. I know its a counter attack because they have nothing and are simply trying to use scare tactics, but its like being treated like a naughty child !

[Bazooka Boo]

Not half as naughty as they feel, when they realise that they have nothing to show you or a court in order to make a successful case against you, after all, if they really did have this evidence then they would have shown it you already, silly desperate fools, who have no intelligence to admit that they have failed again.

[JackShepherd]

hi,so you mean just let them get on with it and ignore them? Assuming they never try and go to Court the worst they can do is knock on my door.I already had a default ( 3 years ago) so they can't do that again !

This particular debt is my biggest (6k) and Mercers knocked on my door last year. I saw them off and next thing i knew it was with another DCA .

[BRIGADIER2JCS]

What actually is the status of the debt, date of last payment

and/or written acknowledgment.?

[JackShepherd]

I stopped paying in 2009 . Interest was frozen at that point anyway as I was on a dmp.

I spent the last 3 years writing account in dispute letters and asking for cca. So I suppose that I have acknowledged the debt within all that correspondence .

[BRIGADIER2JCS]

I stopped paying in 2009 . Interest was frozen at that point anyway as I was on a dmp.

I spent the last 3 years writing account in dispute letters and asking for cca. So I suppose that I have acknowledged the debt within all that correspondence .

 

Not if you have used the Phrase I do not acknowledge any debt........

[JackShepherd]

Not if you have used the Phrase I do not acknowledge any debt........

 

I didn't start using that phrase til recently . I sent the standard account in dispute letters . I am annoyed with myself .

[$wagger]

Hello again,

 

I have an ongoing Barclaycard battle. It is now with MK debt collectors. Like many others on here I have an old (late 90's) credit card. They refuse to show me an agreement and keep sending t+c's etc. They say they have satisfied section 78 blah blah.

 

In their last letter they did send something I hadn't seen before. It is my signature on a terrible microfiche type copy of an agreement . There are no prescribed terms. It just seems to be all my personal details that I have confirmed with a signature and sent back to them.

 

I attach a copy of their cover letter. They say its their final response . What should I do now? This letter is actually their response to my twice sent CPR REQUEST ( do you or do you not hold a valid copy of an agreement signed by myself etc) .

 

 

 

Read up on Statute of limitations in the UK i.e. by googling it. It basically states that if you have not made contact within a 6 year period since the time of default, the debtor cannot chase you for the debt through the legal system. That is uinless you break this by acknowledging the debt any time afterwards. any letters you receive after this are scare tactics however you weill notice the tone of the letters are softer and lesws threatening.

[ims21]

Read up on statute of limitations in the UK i.e. by googling it. It basically states that if you have not made contact within a 6 year period since the time of default, the debtor cannot chase you for the debt through the legal system. That is uinless you break this by acknowledging the debt any time afterwards. any letters you receive after this are scare tactics however you weill notice the tone of the letters are softer and lesws threatening.

 

OP says he was paying up to 2009 so Limitations Act is irrelevant at this point

[robcag]

 

Read up on Statute of limitations in the UK i.e. by googling it. It basically states that if you have not made contact within a 6 year period since the time of default, the debtor cannot chase you for the debt through the legal system. That is uinless you break this by acknowledging the debt any time afterwards. any letters you receive after this are scare tactics however you weill notice the tone of the letters are softer and lesws threatening.

 

"That is uinless you break this by acknowledging the debt any time afterwards."

 

Not quite right. Once the debt is statute barred, it cannot become un-barred even if you inadvertently 'acknowledge' it or make an 'accidental' payment.

 

Rob