Will it stand in court if its not on your Credit file?

[olliepup]

Just a quick question,

 

As the run upto xmas i find these leeches get busy to try and upset people no doubt!

 

I had an egg credit card debt which i cca'd some time ago, they did produce what seemed a valid credit agreement.

 

I have been making payments over the last few years and it got passed over to Barclaycard.

 

I have been short so i havent paid the last 2 months, i was paying 19.74 but now they are asking for 75 a month and should contact them as they have been trying to visit my property which isn't true.

 

I have checked my file and this debt is no longer on my file, now Barclaycard have it would it be enforceable in court with it not being on my file?

 

And would egg have passed on the paper work??

 

Moorcroft are collecting for Barclaycard, i owe 1600 quid .

 

Many thanks.

 

 

Olliepup

[citizenB]

It is my understanding that it would drop off your file after 6 years anyway.. but if you have been paying each month, I think you are going to have a hard time denying that there is any right for them to continue to collect !

[ims21]

If Moorcroft are collecting "on behalf of" then carry on paying the original creditor...you are under no obligation to deal with the DCA.

 

Barcaycard took over Egg card accounts (or most of them anyway).

 

The fact that it doesn't appear on your credit file doesn't mean that they can't take action and that it is not enforceable, it purely means that the default has dropped off.

 

Have you done the usual of reclaiming any charges etc that may have been applied to the account?

[ims21]

Opps...snap with CB

[BRIGADIER2JCS]

They would certainly struggle to achieve a judgement after all this time, but the debt is still live.

A judge would want some very good reasons why enforecement action had not been taken earlier.

[olliepup]

Thanks for advice guys, I should maybe just send my usual cheque for the normal amount, I have been kicking round the forums a while but I can't remember what charges I could claim for on a credit card account?

 

Or shall I just ignore and see how far they will go??

[BRIGADIER2JCS]

Your decision but it's probably what I would do.

[ims21]

Thanks for advice guys, I should maybe just send my usual cheque for the normal amount, I have been kicking round the forums a while but I can't remember what charges I could claim for on a credit card account?

 

Or shall I just ignore and see how far they will go??

 

There is nothing wrong in getting prepared. You may even be surprised.

 

Have you got all of the statements of the account?

 

What you are looking for are charges for being late with payment, going over your credit limit and the like. Pretty much anything that is not "normal purchases".

 

You will able be able to claim back any interest which has been charged as a result of these penalty fees.

 

If you don't carry out this exercise you will never know what the "correct" balance on the account is.

[olliepup]

I don't have all the statements now, god knows where they are, will I have to sar them again?

 

Part of me wants to just ignore them as I'm fed up with them to be honest, I had a doorstep visit for another debt that is in dispute , I phoned him back and told him and he was thoroughly nice and said if it comes up again he will not bother.

I find they always get busy in weeks before Xmas, think its to try and spoil your time.

 

I am also tempted to send them take me to court letter, and see what they do, have used it before with some success .

[ims21]

If you want the statements then yes another SAR will be needed. You say "another" so I assume you have done one historically but not kept the data....bit of a shame really.

 

Personally I wouldn't tempt them with a "take me to court" letter....they may take you up on it.

 

You could carry on paying what you feel is a manageable amount each month and if this did go to court then a Judge is not going to require you to pay more than you can afford.

 

Just bear in mind that there are no guarantees that they won't issue against you if you stop paying.

[olliepup]

I thinl i will send a cheque for what i can afford and pop a note in, if they want to take me to court for 1600 quid and they won't get anymore a month it will be an expensive exercise or would i get the costs added to the debt??

[dx100uk]

but pay the OWNER not the DCA

 

and stay off that phone too!!

 

dx

[olliepup]

but pay the OWNER not the DCA

 

and stay off that phone too!!

 

dx

 

So even if moorcroft have been running the debt I should send a payment to Barclaycard? Will they not tell me to deal with there dca as they no longer have the debt, I'm unsure wether they have purchased it or are they the in house collector?

 

Should I make a re offer to Barclaycard or just send a cheque with the account number?

 

Thanks again everyone!

[dx100uk]

not being funny OP

but you've been around since 2007

and been advised numerous times on various threads what not or too do...

wthh your debts.....anyhow

 

ok you cra file will tell you who owns it.

 

i hope those payments have been going off the debtnot to moorcraps pocket

 

dx