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Egg Card Help Needed


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Hi there,

Just recieved my reconstitued CCA and covering letter back from Barclaycard.

 

Few points they have stated stick out.

 

They agree this CCA is not enforceable then they go onto say their rights still exist under the agreement and i should keep making payments.

they are citing Carey vs HSBC and Phillip McGuffick as to why i should keep making payments.

 

I have attached the CCA and covering letter for the more wise on here to digest and point me in right direction.

 

gchads

 

[ATTACH=CONFIG]41796[/ATTACH]

[ATTACH=CONFIG]41797[/ATTACH]

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Quite simple really. Until they can provide the varied terms they can not enforce the agreement which means they can not take you to court. They can however chase you for the money,record a default,assigned the debt etc. The debt still exists but they have no legal recourse to make you pay the money.

If you neither pay or acknowledge the debt in six years it becomes statute barred.

Any opinion I give is from personal experience .

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Well i am only 1 year in but i know people who are several years in. If they write or call just forward them a copy of the letter you have. It calls down, i have not heard from some for six months or longer. I keep everything filed and copied so i have a full paper trail. Remember you are not avoiding anything, you are using the law to your best advantage just as i see on the motorng forum here all the time.

 

I have many many creditors and there were several months when it was almost a full time job but now its a bad week if i get more than two letters.

Any opinion I give is from personal experience .

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