Full Final Settlement offer Refusal from DCA - Barclay Card

[neobass]

Use the SB letter in the Library.

 

 

The problem I have is this..

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

I have paid for this debt in the last 6 years through DMP, but only through there DCA. Is this a problem for me when sending Barclaycard the SB letter?

[slick132]

Erm, yes !!

 

I'll have to review this properly later before commenting further but off out now.

 

I'll be back before the w/end is over, unless someone else has sorted it out.

 

[neobass]

Oh drat. Plot thickens, again

[slick132]

Hi Neo,

 

I hope you'll understand we oversee so many threads it's difficult to keep pace with developments.

 

If you've been paying to the a/c via a DMP, then the a/c is not statute barred until 6 years from when you last made a payment, assuming those payments were credited to the BC a/c.

 

BC said in their letter of 2nd July 2013 that they have no credit agreement so they cannot (in theory) take enforcement action, although they can continue to ask you to pay.

 

Have you had confirmation from BC to show what payments have been credited to them from the DMP in the last year or two.

 

In any event, if they have no enforceable agreement and if you do not want to pay them, there's little they can do.

 

Edited November 17, 2013 by slick132
typo "if"

[neobass]

Thanks for your response Slick.

 

Yes all payments when on the DMP were credited to BC as it clearly shows deposits into the account even when I looked on my credit report.

 

 

The balance is £3000 or so.

 

 

I guess if it is not enforceable then and they can not make a dent on my CRa then I'll ignore them?

 

 

Obviously this won't be SB till 2019 so I'm sure in that time they will make every effort to get back the balance.

 

 

I'm assuming in theory they could appoint another DCA to throw in some scare tactics,

but either way if its not enforceable and I simply have to put up with phone calls and the odd letter perhaps there's little to be worried about.

 

On the note of phone calls,

I will write to them explaining the debt isn't enforceable and to only contact me via letter form.

 

 

Sound OK?

 

Thanks once again.

[slick132]

Hi Neo,

 

Re your CRA files, they'll continue to show the a/c as being in arrears/default.

 

You can demand contact is made in writing only although this may need to be repeated if the debt is sold on to another DCA.

 

[neobass]

Hi Neo,

 

Re your CRA files, they'll continue to show the a/c as being in arrears/default.

 

You can demand contact is made in writing only although this may need to be repeated if the debt is sold on to another DCA.

 

 

Even when it already has been defaulted once (November 2007) and past its 6 year just this month, they can do that?

 

I assumed once 6 years had past from 'Default' date its removed from CRa for good never to return. Or is that only if it conforms within SB outlines?

[slick132]

The DN date should not change so it should vanish soon from your CRA file shortly.

 

But the late payment markers may be showing for longer.

 

I'll see if I can get some better input for you about the CRA late markers.

 

[dx100uk]

All references to a defaulted debt must be removed from your credit files

after 6 years has passed from date of default

- whether paid off or not.

This is so that someone who continues paying something even after 6 years from default

should not be at a disadvantage as to someone who pays nothing after default

and ends up with a clean file after 6 years.

once a debt has fallen of due to this reason, it can NEVER return.

[neobass]

Thanks for that. So what would be the right thing to do, pay token £1/m for the rest of my life or walk away?

 

screen print of the default

[dx100uk]

IMHO stop paying.

 

 

dx

[neobass]

Ok is there a template or response letter? I'm not sure on what grounds I should support my response to them with.

 

Thanks again!

[slick132]

Hi Neo,

 

No template needed really.

 

Just write to them saying :-

 

As you have confirmed you have no credit agreement in respect of this a/c, I will not be paying towards it further.

 

Please ensure that my credit reference records are updated to remove the Default Notice and late payment markers as it is now over 6 years from the default date.

 

[neobass]

Makes sense to me, Will update with there response in due course!

[neobass]

Got stuck in a corner with this, they called and I took the call as my OTT was there.

 

she says regardless of S78 I am still liable for the outstanding balance,

when I said that you have no credit agreement with me she went onto say its clear

that the Barclaycard terms and conditions mention outstanding balance has to be made.

 

 

Also since I stopped paying in July 2013 they assume I accept liability of the account as I was paying it,

and now all of sudden it stopped.

 

 

I simply stated that the default period had passed its 6 year anniversary and could not be updated or reported again.

 

I informed the lady that there corespondance to made only by letter format and no calls.

I also said the debt is not enforceable,

she also offered a F&F which she is sending out in writing.

However she said we have 14 days before the account is reviewed again.

 

How do I get this monkey off my back?

 

 

£1/m token payments for the rest of my life just to keep them quiet?

[dx100uk]

so theres something wrong with the debt if they are offering a short settlement

 

 

time for an SAR if you've not already done so.

 

 

dx

[neobass]

Yeh have not SAR this BC account. Will be sending it off this afternoon

[slick132]

Hi Neo,

 

Not sure what your OTT is.

 

This is exactly why phone conversations should be avoided. What they say by phone and in writing will often be very different things.

 

Wait and see what they send and we can see how you should respond.

 

I'd not bother with the SAR but, if it's already gone, no matter.

 

[neobass]

Meant to say OH (other half!)

 

Yeh SAR already in the post, as dx100uk says something must be up if there offering full and final settlement so I'm interested to see if this debt hasn't been sold off.

[neobass]

Yet another call today, which I couldn't avoid!

 

Barclaycard calling say a payment arrangement was setup with Chruchwood, errrm NO! I stopped all that 5 months ago. So was asking for payment, told them the default was 6 years old. They couldn't enforce, and if they wish to contact me do it in writing. They said we know theres no credit agreement but there's barclaycard terms and conditions.. So yeh if there's terms and conditions tell me how your able to enforce it legally and if so send that to me in writing. Didn't have much to say!

 

SAR letter sent off yesterday no doubt we'll be able to uncover some hidden truths, fingers x!

[neobass]

The default has now been removed off my CRa! On both Callcredit and Equifax

 

Balance remains, so will wait to see the SAR.

[neobass]

Well well bringing this one back from the dead a little,

its been 10 months and not a single word till now.

 

Barclaycard have openly stated in the letter attached that they have sold the debt.

 

 

Now I'm getting grief from MKRR, whom have called and

I have insisted they only contact me in writing.

 

 

They have now removed my number from there system and it will all be letter format only.

 

 

They kept saying we'll still be perusing 'collections' repeatedly I just listened with no response and told them 'letter'.

 

My credit report has never looked better.

 

 

No defaults (this barclaycard expired last year),

 

 

CCJs all satisfied and no late payments.

 

 

I've 40 weeks till CCJ is off my CR.

 

So, what's my next move?!

[dx100uk]

until / unless someone produces a valid cca

they are stuffed

 

 

dx

[neobass]

until / unless someone produces a valid cca

they are stuffed

 

 

dx

 

Indeed, so should I simply ignore there letters or make a response?

[dx100uk]

you always ignore phishing letters when you have already nailed your colours clearly to your flagpole,

 

 

dx