@barclaycard cabot chasing old Barclaycard debt

[dizzyblonde1966]

Hi,

Just wondering if someone could help me please,

I have an account that will become stat barred in about 10 months time,

 

Its for a Barclaycard from about 2005

 

In 2008 I cca"d Barclaycard and they couldn't find the agreement, so I put the account into dispute,

 

a few months later they sold the account to one of the big debt collection agencies,

 

The debt collection company then sent me a pay up letter etc etc, I explained account was in dispute as no cca,

 

Not heard anything for a few years, and then

 

last week out of blue the debt collection company sent me a reconstituted agreement,

no signature ,no prescribed terms, no nothing just waffle and copy statements,

I don't even think its a true copy as the penalty fees are for £12,

 

Im prepared to fight them if its a winnable cause,

but was just wondering,

 

if the actual stat barred limit came into force while it was still in the court system,

does that in itself make the alledged debt unenforceable due to becoming stat barred,

or would it be classed as a claim was made prior to the time limit and therefore continue to an end in court,

 

DB x

[dpick]

If not statute barred when court papers are issued then this stops the clock, once statute barred then that's it the clock cannot be restarted.

 

dpick

[unclebulgaria67]

Have you tried to dispute the excessive charges on the account with Barclaycard to see if you can obtain a refund. Might be worth doing, as an ongoing dispute with the original creditor might come in handy if they were silly enough to go for bankruptcy with only a recon CCA.

[Desperate Daniella]

Hi,

 

Which DCA is this?

[dx100uk]

so when was YOUR last financial transaction on the card in or out

 

that will be your date

 

dx

[slick132]

Hi Dizzy,

 

Do you have all the a/c statements to see what penalty charges were added.

 

[dizzyblonde1966]

Hi,

Thanks for all the replies

I will try and answer all in one post,

 

I will have to go through the statements to see if any excessive charges, there was no ppi on it, I know that for sure,

What the dca has done though is after assignment they have on a separate piece of paper added interest each month, + £12 late fee + £12 missed payment fee, is this allowed?

 

The DCA is Cabot,

My last financial transaction on the card was in June 2008, the last payment was also June 2008

 

DB x

[dx100uk]

so june 2014 will be the SB date.

 

crapbot can add what they like

 

those charges are unlawful anyhow

 

poss phone BC and ask then when your last payment was?

 

how much is this debt?

 

dx

[dizzyblonde1966]

so june 2014 will be the SB date.

 

crapbot can add what they like

 

those charges are unlawful anyhow

 

poss phone BC and ask then when your last payment was?

 

how much is this debt?

 

dx

 

The debt is for just over £9000

 

The last payment was definitely in june 2008, I also have the sar which confirms this.

 

Is a reconstituted copy with no personal details or signature worth fighting on its own,?

 

DB x

[dx100uk]

hat does your CRa file say about this debt?

who listed as the owner and what is the defaulted date?

 

dx

[Desperate Daniella]

You need to drag this out. Never reply to their letters until the last possible moment and throw lots of queries at them.

 

Firstly, have they sent you a Notice of Assignment?

[dizzyblonde1966]

Sorry for delay in replying

 

I havnt got access to my credit file at moment,

but the account was defaulted and terminated and in 2009

,(I have the default notice, and its not given enough time to remedy, only 13 days after service )

 

The account was sold to cabots in 2010,

 

I told cabots in 2010 it was in dispute,

its took them until now to produce a reconstituted agreement,

 

ive just had a re look through what they have sent and they have sent a reconstituted copy from 2003 when the account was opened,

and a reconstituted copy from 2008,(don't know why they have sent 2)

but neither of the reconstituted copies have any of my details on, no name , address or signature etc ,

just photocopies of the terms and conditions etc

 

Any advice on where to go from here, is it a fightable/winable case if they issue court proceedings?

[slick132]

Hi DB,

 

Can you post up a copy of the Recon Agree't. See the guide at post #122 here and post as a PDF - http://www.consumeractiongroup.co.uk/forum/showthread.php?214191-HSBC-solicitors-northampton-claim-help-pls&p=3808613&viewfull=1#post3808613

 

We can advise better when we see what you've been sent. Arguments about non-compliant DN are not considered to be as strong now as they were in the past.

 

[dizzyblonde1966]

Sorry for delay in replying

 

I havnt got access to my credit file at moment,

but the account was defaulted and terminated and in 2009

,(I have the default notice, and its not given enough time to remedy, only 13 days after service )

 

The account was sold to cabots in 2010,

 

I told cabots in 2010 it was in dispute,

its took them until now to produce a reconstituted agreement,

 

ive just had a re look through what they have sent and they have sent a reconstituted copy from 2003 when the account was opened,

and a reconstituted copy from 2008,(don't know why they have sent 2)

but neither of the reconstituted copies have any of my details on, no name , address or signature etc ,

just photocopies of the terms and conditions etc

 

Any advice on where to go from here, is it a fightable/winable case if they issue court proceedings?

 

Sorry I don't have access to a working scanner at moment,

But there are 13 pages , its all just terms and conditions, there is no copy of an application form or anything like that, just pages upon pages of written terms and conditions, including the interest rates etc

DB x

Edited August 13, 2013 by slick132

[dx100uk]

can you not use a camera?

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[slick132]

Hi Dizzy,

 

If all they have sent is generic paperwork with no personal credit agreement or even an application form, that is not a good basis on which to make a court claim and you have every right to defend.

 

As ever, the success of your defence will depend on how well you prepare but, if it goes to a court hearing, it's also down to the judge on the day.

 

[Desperate Daniella]

Hi Dizzy,

 

I'm just reading through a very long Cabot thread. I haven't finished yet, but one of the comments is that they tend not to go for people who keep playing letter tennis with them.

 

I'll finish it tomorrow, but you can certainly start by telling them that they must provide a copy of your agreement. I'll come back to you on that tomorrow.

 

DD

[dizzyblonde1966]

Thanks for replies ladies/gents,

much appreciated,

I will try and post up the terms and conditions they have sent ,im not great with technology or software,

DB x

[Desperate Daniella]

You can't be worse than I am. I've never managed to post up anything.

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[slick132]

Hi DB,

 

Further to my comments above, if they have sent nothing that is personal to you or signed by you, we really don't need to see it.

 

Practice scanning and posting documents if you want but I doubt we need to see what they have sent you so far.

 

We may need to see other doc'ts if they take further action.

 

[dizzyblonde1966]

Hi DB,

 

Further to my comments above, if they have sent nothing that is personal to you or signed by you, we really don't need to see it.

 

Practice scanning and posting documents if you want but I doubt we need to see what they have sent you so far.

 

We may need to see other doc'ts if they take further action.

 

 

Ok thanks,

 

On the covering letter they sent with the reconstituted terms and conditions, they claim they have now satisfied my cca request and its now enforceable,

 

Should I just ignore them, or should I respond back telling them they havnt yet sent me a signed copy of any cca/agreement .or anything bearing my signature to produce in court if they issue proceedings,

Is there anything I need to be doing at this stage, just so there is a paper trail if it does go to court?

 

Thanks

DB x

[slick132]

I'd write to them saying that, until they supply a copy of the credit agreement signed by you, you are unable to make payments.

 

Have you managed to work out exactly how much has been added to the a/c in penalty charges, either by BC or subsequently by the DCA.

 

These can be reclaimed in full to reduce the balance.

 

[Desperate Daniella]

I think your letter should refer to the Waksman judgment in Carey v HSBC, paragraph 234 (4) which states that where an agreement has been varied a copy of the original agreement must be supplied.

 

Also tell them that under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) they have an obligation to advise you if they hold the original signed credit agreement and they are equally obliged to tell you if they hold no such agreement.

[dizzyblonde1966]

Thank you so much ladies/gents.

I will keep the thread informed of progress

DB x