Wright Hassle for Cabot for Barclaycard

[vic synex]

Morning all, my first post but I've been lurking for some time!

 

I have recently sent off 3 CCA requests to my Credit Card companies with no satisfactory reply. I sent the account in dispute letter to all 3 on Tuesday, they all received them yesterday.

 

My question is, Barclaycard have issued me a Default Notice last week, all done properly as I can make out, after not sending any payment for the last 3 months. Can I, by making one months payment, render this Default Notice void or do I have to pay the full arrears? Any opinions please guys?

 

Thanks in advance

[harrassed senior]

Once issued and noted on your Credit File, Defaults are notoriously hard to get removed.

 

However, that having been said, did they notify you that this would be their next move, in order to give you a chance to prevent it being issued?

[vic synex]

They gave me 16 days to pay the full arrears. My thinking is that if I make a quick payment of one months arrears then the Default will be void, or am I barking up the wrong tree?

[cerberusalert]

To prevent a default being registered you would need to clear all the arrears.

[vic synex]

Hi Guys,

 

Received a claim form from these Jokers last month for a Barclaycard debt which would have been Statute Barred in July!!

 

I acknowledged and entered a defence that the debt was subject to a S78 request in June 2009 and as no satisfactory documentation was received, the debt could not be enforced.

 

Yesterday right hassle sent me what they say is a reconstituted version of my original agreement and that unless I cough up the full amount they will continue litigation.

 

Now this is the best bit, the card was originally from another Creditor who Barclaycard took over and the reconstituted agreement is pure Barclaycard with their current T&Cs.

 

The cream on the cake is the covering letter from BC that they sent with the agreement which states "we are currently unable to obtain a copy of your agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you"

 

Now, my question is should I point this out to them or wait until it gets to court and watch the fireworks or is there anything I should worry about?

[unclebulgaria67]

Might be wise to disclose to Wright Hassle what Barclaycard have already put in writing i.e that they could not enforce because they did not have a CCA. You should also advise them that they cannot use a reconstituted version of the CCA to enforce in court, as the version is not even the correct one, as the account was originally with x company.

 

I am not sure Wright Hassle could enforce this debt, unless they were lucky getting a helpful Judge. I have seen a few threads on here where Judges have somehow agreed that the debt is enforceable without the original CCA for a pre April 2007 taken out CCA. This is obviously not correct, but not all Judges are that knowledgeable about the CCA and will believe a claimants Solicitors over a LiP.