consolidated barclays debts from 1999, been paying £50PCM , missed 2, now CSL/P2P calling

[slick132]

Sounds like Zinc are just another DCA working for BC, who may still own the debt.

 

CRA files should reveal the answer.............

 

[sdizzy]

yep, as in posts 92 & 93 .

tx for all your help.

[slick132]

So, is the BC a/c up to date, or delinquent but not shown on your CRA files.

 

[sdizzy]

The BarclayLoan a/c is delinquent, but not shown on the cra file. It shows no defaults at all.Also only appears to go back 6 years with most accounts.

Edited April 19, 2013 by sdizzy

[sdizzy]

[ATTACH=CONFIG]43564[/ATTACH]

 

well, Zinc threw in the towel quick...received nothing relating to the cca request, even though I did ??

 

have they been read the riot act or something???

[slick132]

Hi SD,

 

The letter's too small to read but see here if you want to re-post it - http://www.consumeractiongroup.co.uk/forum/showthread.php?214191-HSBC-solicitors-northampton-claim-help-pls&p=3808613&viewfull=1#post3808613

 

[sdizzy]

[ATTACH=CONFIG]43565[/ATTACH]

 

there you go...

[slick132]

Ok, that's Zinc scuttled off back under their rock for now.

 

I don't think you need do any more for now ....................

 

[sdizzy]

For now ?

what about Barclays next move ?

court action ?

another dca bottom feeder ?

[havinastella]

For now ?

what about Barclays next move ?

court action ?

another dca bottom feeder ?

 

If Barclays have paid out on PPI. esp on a refinanced loan, they cannot do anything. They cannot 'have their cake and eat it'

 

This has dropped off your credit files, so they cannot re add it. They can try court, but you have a full defense (Just can't remember the name right now)

 

The only problem you will have is that they can still chase this for 6 years from your last payment. You can ignore this.

[sdizzy]

I understand the 6 year thing, statute barred..

Thank you for your response...it is most appreciated.

[sdizzy]

Hi,

Hope you all had a good weekend.

However,

What if a dca tries to take me to court ?

What would constitute a full defence, as per stella's previous post ?

And would it count against them, as opposed to original creditor ?

Edited May 6, 2013 by sdizzy

[slick132]

Hi SD,

 

If a debt becomes Statute Barred (not paid or acknowledged in the last 6 years), it remains so and that cannot be altered or affected.

 

The Limitation Act 1980 is an absolute defence if any court action was taken by the OC (original creditor), a DCA, etc.

 

[sdizzy]

What I mean is...between the last payment made... and the 6 year point with no further payments made, what defence could I present if a dca was to serve me court papers?

[slick132]

If the a/c is not yet SB'd, then you would have to rely on the other defences available to you like :-

 

Availability of the original credit agreement.

 

The agreement must contain the Prescribed Terms such as APR, etc.

 

Whether a DN was issued and was compliant.

 

Etc, ................

 

[sdizzy]

Thanks for your replies.

[dx100uk]

its sb'd prove its not

 

b ythe time they've chased their tail they'd have found out

 

dx

[havinastella]

Your defense would also be resitution.

[Conniff]

If it's reached the 6 year point, then no defence is required for the period between the last payment and then. Even it you said, 'I just didn't feel like paying it', it makes no difference, it is statute barred and was up to them to act before it got statute barred.

 

The debt is still there, and they can send you a letter now and then asking if you like to pay it, but they can't use any legal means to force you to pay it.

[slick132]

Just to recap here, you were paying £50 per month to Barclays until March 2012, you missed a couple of payments in April and May and B's passed the a/c on to CSL.

 

So Statute Barred won't come into play until 2018.

 

It looks like you and Barclays need to agree what amounts remain owing, after the refund of PPI last year.

 

Have you made a list yet of all credit card or loan account penalty chgs on the a/c(s).

 

[sdizzy]

Yes, slick,

 

the last payment was credited to the account on 4/4/12.

 

I have it on the sar data.

 

I missed april & may,(just forgot to pay due to family problems away from home)

and barclays assigned it to a dca.

 

I made 1 payment to them in June 2012 and it doesn't look like it was ever credited to the account.

 

I am awaiting the copy of the cheque from my bank.

 

I am willing to negotiate with barclays over re-servicing the debt, but not to a dca.

 

The sar data shows no charges except interest, which was included in the ppi award anyway.

[slick132]

Damned right !!

 

If you made a payment, you have to ensure it was paid to the a/c and not into the DCA's pockets.