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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
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    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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Barclaycard CCA reply help


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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

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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.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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

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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.

 

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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.

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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?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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.

 

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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.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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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.

 

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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