BC CCA returned not signed. Worried about default after 11 years.

[slick132]

Take a look here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?404-Data-Protection

 

[neobass]

So no reply to SAR? Send off a formal complaint/dispute. That would be my next port of call!

[Rayn2036]

UPDATE:

 

Received SAR from Barclays and its absolute garbage.

 

It only consists of statements post May 2004 but

 

ideally I wanted statements showing all charges and default date which would be around 2002/2003.

 

I also wanted to know when was the debt assigned to debt collector.

 

Now I am not even sure if Barclays credit cards and loan account has been defaulted at all.

 

How can I now get this information?

 

I don't want to stop paying token payment until I know for sure that these accounts have been defaulted already.

 

Please help.

[fletch70]

I would suggest that if there is no reference to it on your credit file then it will have been defaulted as you have been making payments.

If I were you I would stop paying as it is an unenforceable debt, if anyone writes to you then just send them a copy of the BC letter.

[slick132]

Hi Rayn,

 

If you read other threads here, you'd know that BC will only supply data for the last 6 years like all the banks. If you want the older data, you will have to challenge them and maybe take court action to force disclosure.

 

See the Library for the SAR Non-Compliance letter.

 

After that, you need to take court action if they fail to supply the older data that you require.

 

[Rayn2036]

Hi Slick,

I did expect data from last 6 years only

however they have supplied me data from May 2004.

 

I realistically wanted data just before and after I enrolled to DMA (Oct 2002).

 

I just wanted to know how much charges are there and whether the account were mark default on CRA.

 

I have no hope or intention of getting unlawful charges back and I do not have any PPI with Barclays.

[slick132]

If you want older data, you will have to threaten, and probably take, court action for the disclosure of any older data held by BC.

 

Edited May 9, 2014 by slick132
typo

[Desperate Daniella]

Hi Rayn,

 

If they are not enforcing it then I think you could stop paying if you want to.

 

They can't put another default on.

 

What they may do is dig around for the agreement,

and of course they can send you chasing letters for six years from the last payment.

 

DD

[Rayn2036]

Thanks DD, all payment now stopped. DMA dumped.... Now I am up for challenge. Will be bugging you guys for suggestion as soon as demanding letter pops through the door.

[fletch70]

Hi Rayn

Good decision

So have you sent CCA requests to all of your creditors?

[Rayn2036]

Fletch,

 

CCA sent to all creditor/DCAs.

 

No reply from Lowlife/Barclays Loan, and Crapboot/BC, Its been three months.

 

Natpest CCA sent again today as per your suggestion.

 

It looks like all CCA reply I received- none of them seems enforceable.

 

I am particularly interested on this

http://www.consumeractiongroup.co.uk/forum/showthread.php?409424-MBNA-CCA-received-please-help.

 

Should I reply them or should I just shut up?

 

 

DX, helpful as always, already helped me on this thread but let me have your thoughts please.

[Rayn2036]

UPDATE:

Received letter from Barclaycard.

 

It mentions about default notice letter from Mercer which I have never received.

 

They are also saying it is formal demand which is a legal document and then go on to

say their intention to file a default at CRA.

 

Hold on, this is 12 year old debt and my SAR shows a entry of default however there is no mention of date.

 

Can yo please have a look these two attachment and suggest how should I respond to this letter.

 

They have given me until the 8th to reply but I only received this letter yesterday.

 

Appreciate your help as always.

 

Thank you.

[Desperate Daniella]

Hi Rayn,

 

Is the Formal Demand for payment one they have just sent you, or a copy of one they allegedly sent years ago?

 

If they defaulted you more than six years ago they can't just put another default on the account years after it became statute barred.

 

The DN from Mercers is bound to have had something wrong with it. There were many posts about Mercers DNs some years ago and they failed to comply with the Regulations in a number of ways.

 

DD

[Rayn2036]

I am not sure which one they are referring to but I have never received any letter from Mercer.

[Desperate Daniella]

I would write back and say this debt is statute barred and has already been defaulted so they have no justification whatsoever for reporting this on your CRA files.

[Rayn2036]

I would write back and say this debt is statute barred and has already been defaulted so they have no justification whatsoever for reporting this on your CRA files.

Hi DD, its not SB as I was paying through Euro Debt until late last year.

[fletch70]

Hi

I am glad you realised it was not SB, was just about to point that out.

Within the SAR documentation it should say when the DN was issued , I read the entry on the sheet that you have posted as just a key .

 

I take it that this account does not appear on any credit file?

It is certainly worth writing to them and saying that it was defaulted previously and therefore can not be defaulted again.

It could be that the old DN was not compliant and they are reissuing a compliant one so I would also be saying that you did not receive one from Mercers

[citizenB]

If the account was recorded on your credit file as defaulted more than 6 years ago and it has since dropped off - they cant simply add another DN.

 

Also, they cannot refuse to send you statements - it is a legal requirement.

[citizenB]

Barclay card sent out a whole batch of letters a few weeks ago saying they had been reporting incorrectly to the CRAs and advising people that they were going to have the CRAs amend the files to reflect the true situation.

 

When did you actually default on the account ? According to the Information Commissioner, Default markers should be placed no later than 6 months after the default has taken place.

[BRIGADIER2JCS]

It seems that perhaps they are attempting to say that " Formal Demand for Payment" has the same importance as a " Statutory Demand" which is the 1st Step on the Bankruptcy Process and must be set aside by a court.

 

 

I agree with Daniella stat barred letter.

 

 

Keep it simple though such.

 

 

 

 

To Barclaycard + Copy to Mercers.

 

 

Ref: use theirs:

 

 

Sir/Madam,

 

 

I refer to recent correspondence regarding an alleged debt arising from Barclaycard account No. xxxxxxxxxxxxxx.

 

 

Please take not I do not acknowledge any such debt and have concluded that it is now Statute Barred and I will therefore not make any payment now or in the future.

 

 

You are reminded that the obligation in providing unequivocal proof that the alleged debt is no statute barred lies entirely with Barclaycard.

 

 

No relevant acknowledgment has been made nor has Barclaycard made any relevant claim to affect the limitation period.

 

 

I now consider this matter closed.

 

 

Send by signed for post.

[Rayn2036]

When did you actually default on the account ? According to the Information Commissioner, Default markers should be placed no later than 6 months after the default has taken place.

Signed up with Eurodebt late 2002 and have been paying less than £5.00 every month. But since November Last year I haven't paid anything as I cancelled my DMA.

[Rayn2036]

 

I agree with Daniella stat barred letter.

 

Thank you Brig for your reply. I was paying through DMA until November last year. I haven't paid anything since then. Will this be SB?

 

Reply to my CCA request was supplied with recon. T&C's and they also mentioned on the letter that the agreement is not enforceable as they cannot locate the original signed agreement hence I guess this will not go to court.

[Rayn2036]

Hi

I take it that this account does not appear on any credit file?

It is certainly worth writing to them and saying that it was defaulted previously and therefore can not be defaulted again.

It could be that the old DN was not compliant and they are reissuing a compliant one so I would also be saying that you did not receive one from Mercers

 

There is nothing on my CRA file, not even the token payment I have been paying all these years. I Checked my CRA file towards 2012 while I was still paying the token fees and there were no marker from any of my 10 debt company. I guess they all fell off after 6 years (Around 2009).

 

If they are sending me a compliant DN this time, can they record this on my CRA file? I hope not.

[Desperate Daniella]

Sorry, Rayn,

 

I was muddled.

 

I'll read through properly.

 

DD

[dx100uk]

eurodebt,, oh dear fleeced blind

 

send them an sar too

 

dx