Egg Credit Card now BarclayCard - Marlin DCA chasing

[dx100uk]

am I reading this right

 

the £1 fee is out the window?

 

dx

[theoldrouge]

no,

 

I know how it reads,

but I think under s78(1) it says on payment of fee of £1 shall give the debtor. I do think this is significant-(8)

 

However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request

under section 77, 78 or 79 of the CCA,

 

a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable.

 

Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission.

 

Any communication that implies expressly or otherwise that a debt is enforceable

when it is known that it is not,

would be misleading.

 

One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'.

[brubaker]

I might get another letter out to them,

so they can clearly state the agreement is infact unenforceable.

 

If indeed they do comply,

would I have grounds for having the debt removed from my credit file

or at least a statement of correction made?

 

By the way jus sent another SAR to give me data from the year 2001 to date.

 

 

Thanks

[brubaker]

UPDATE:

 

 

The Egg debt has now been removed from my credit file, the credit company had to confirm with creditor and they agreed. Debt is statue barred (over 6 years old now).

 

 

Presumably the creditor will no longer chase the debt?

 

 

Also I have all the SAR paperwork from Barclays. What is the process for reclaiming the penalty charges etc? I believe there is a spreadsheet? Once I have completed the spreadsheet, what are the next steps?

 

 

Thanks guys

[dx100uk]

have read of sabresheeps Barclays thread

[slick132]

Hi BB,

 

If the debt is now SB'd, I think there is no point in reclaiming penalty charges unless they exceed the a/c balance.

 

Even though the debt cannot now be pursued or enforced, any amount you reclaim in penalty charges CAN be set against the unpaid balance if BC purchase the a/c back from any subsequent owner.

 

[SabreSheep]

As Slick states, it is worth doing only if the total claim exceeds the outstanding balance. Only you can tell us that

[brubaker]

Thanks will do.

[brubaker]

Hi

 

 

Does anyone have a copy of the compound interest calculator. The one DX posted I can no longer download it appears to be trying to download as a .php file and not and xls file.

 

 

CISheet v101.xls

 

 

Thanks

 

 

And another question? Even though my debt is now statue barred, am I still able to claim for the o/d penalty charges and interest even though they may be more then 6 years old?

 

 

Thanks

[SabreSheep]

Hi Bru is this the thread you were referring to in your pm?

 

If your O/D penalty charges refer to this credit card, then yes you can reclaim even though the debt is SB

 

However the debt still exists and the orginal creditor has the right to buy back the debt and offset any award against the debt.

Therefore you need to make sure the claim is worth more than the debt.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link has most of the resources you need. the calculator should be linked somewhere if not we can find it..

 

Do you have a statement for every charge?

[SabreSheep]

The link you have above CIsheet works for me.

 

Once you know if it is worth progressing, let us know.

 

Feel free to use the sheet and then upload a completed version for feedback.

 

Your next step would be to draft a letter before action. Templates availabel in the cag library or on my and others threads.

Again use this thread to draft.

[brubaker]

Hi Sabre

 

 

This is the thread I am referring to yes

 

 

The O/D penalty charges refer to the credit card in this thread. The link to the calculator does not work for me.

 

 

I have all the paperwork from BC going back further then 6 years (2nd request), so I will calculate and start the ball rolling. I gather you were successful in a similar scenario, so some useful tips would be great.

 

 

Thanks

[dx100uk]

its a IE 11 issue

 

 

simply select save as... rename the file to cisheet.xls

[citizenB]

I am having no problem opening and saving the file ?

[SabreSheep]

Thanks DX

 

Brubaker, all my tips etc are in the thread I linked.

 

Ask any questions you need to

[slick132]

Hi BB,

 

Probably best not to refer to credit card charges as O/D charges. O/D charges refer to charges incurred on a bank current a/c and these are NOT reclaimable.

 

I assume you mean over-limit fees. All credit card charges are lumped together including :-

 

Over-limit fees

Late payment fees

Missed payment fees

Bounced cheque, DD or payment fees

 

If these refer to a SB'd debt, we'd only recommend reclaiming penalty charges IF the charges and interest exceed the balance owed on the a/c, as per my post #81 above.

 

[brubaker]

Hi Slick

 

 

Yes your correct, I mean credit card account and not bank account. I never had a bank account with Egg (now BC) only a credit card and bank loan.

 

Over-limit fees

Late payment fees

Missed payment fees

Bounced cheque, DD or payment fees

 

Ok looking at the statements, the amount including compound interest is unlikely to exceed the debt that was outstanding. Therefore it is not advisable to proceed?

 

 

At a guess the charges including compound interest are unlikely to exceed £1000.

 

 

Also that answers my thoughts about reclaiming overdraft charges with my HSBC bank account.

[slick132]

Hi BB and sorry to spoil the HSBC charges reclaim.

 

Compound interest can have a huge impact on the amount you could reclaim.

 

So never mind "at a guess" - put the charges data on a compound int't spready and check for sure. Unless the reclaim total exceeds the a/c balance by a few hundred pounds, leave it.