Barclaycard CCA reply help

[sidabm]

I have received the following response to my CCA request from Barclaycard (Formally Egg), they have placed a default on my credit file and their letter seems to be saying the agreement in not enforceable. Couple of questions

 

Is it possible to remove the default from my file as i do not believe they ever issued a default notice?

 

I am currently paying a small monthly amount what should i do next?

 

Thanks in advance

 

Unfortunately i can't post a link as my post count is too low but the full size scans can be seen at S1274(dot)photobucket(dot)com/user/sidabm/library/

 

Link to Photobucket added by Slick - http://s1274.photobucket.com/user/sidabm/library/?sort=3&page=1

Edited July 1, 2014 by slick132

[Bazooka Boo]

Those scans are too small, can you post up them in PDF format not jpeg, and can't get that link to work either.

 

When was the card taken out pre or post '07?

 

If they are saying the debt is unen, then you are at liberty to NOT pay them a penny.

It will be very hard to get them to remove the data off your file, unless it is a mistrace or it is wholly inaccurate.

[sidabm]

Will check the date on the stuff they have sent me and upload as pdf

[Bazooka Boo]

[sidabm]

All they have enclosed is the right to cancel that has a reference 2001.08_EC_T&Cs, so i suspect that this is all they have and dates it at 2001, therefore it looks like they have never served me a default notice.

 

Scans as pdf now attached

[slick132]

Hi Sidabm,

 

Failure to serve a DN will be difficult to prove. It's easier to prove that a DN you received is non-compliant.

 

Are there any penalty charges and/or PPI to reclaim here to reduce the a/c balance.

 

[sidabm]

The big problem is that i do not think they ever served me a default notice, maybe an SAR for them to prove they issued it

 

Definitely no PPI, but wanted to understand this before i request a SAR to look at default charges.

[Bazooka Boo]

I take it that is the covering letter they sent along with the recon agreement?

 

Either way, they know that they cannot take any legal action against you regarding this until such a time they find the original agreement

to produce in court, so when did you take this out, and when was the default entered onto your credit file?

 

You can either choose to pay £1 a month for the life of the debt, or pay them nothing as they are unable to take any legal action against you?

[slick132]

Hi sidabm,

 

An SAR may not help you with this. It's a request for DATA that the bank holds about you but it's not a request for copy documents.

 

The SAR may or may not give a DN issue date, but this is not adequate proof on which to base a claim of unenforceability.

 

The adverse credit data about the debt should vanish from your CRA files approx 6 years from when you defaulted, regardless of whether you pay nominal amounts each month or not. That is to ensure that folk who try to repay are not disadvantaged, compared to those who pay nothing over the 6 years.

 

The only issue is that, as long as you maintain ANY payments, the 6 year Statute Barred clock doesn't even start to tick.

 

[sidabm]

Default put on credit file in January 2011 and the account started in June 2008

[Bazooka Boo]

When did you last make payment?

 

2017 should be when it auto drops off your file... I know what I would be inclined to do, knowing that they have nothing enforceable that is.

[sidabm]

Thanks for all your help

[SabreSheep]

Ok have you considered claiming back all your over limit and late payment fees?

 

These threads may be of help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

[sidabm]

I will request a SAR and see if tge numbers stack up.

 

one quick question, if tge do not have a credit agreement with me does this mean I can challenge them reporting to credit reference agencies as tgey do not have tge relevant DPA permissions and force tgem to remove tge default?

[slick132]

Hi Sidabm,

 

No, the lack of an enforceable credit agreement does not, in itself, prevent BC from reporting to CRA's.

 

However, if you can show that the balance owed includes some unlawful penalty charges, you can reclaim them using court action and include CRA data removal as part of you court claim.

 

[sidabm]

Thank for all your help