P&J old barclays OD 'debt **WRITTEN OFF**'

[Everett]

My Wife has a very old debt through Barclays that was sold to P&J years ago.

 

Just recently they have started a lot of stick waving,

 

 

getting their in house solicitors Foulds to threaten her with a CCJ if she didn't pay the outstanding amount with seven days.

 

we sent them a CCA request.

 

Today they have returned the Postal Order saying that they do not have a copy of the CCA at their office

and it may take some time to retrieve the original documentation from Barclays.

 

I know Barclays have an uncanny knack of obtaining old micro film

( the last one we got via Link was a credit application and totally ineligible )

 

What is her next move ?

 

 

Are P&J in breach of her CCA request ?

 

Should she continue to pay them ?

[SabreSheep]

More info on this debt please.

 

Rough Date of agreement signing

Original Creditor

Current OWNER of debt

Rough Amount

TYPE of Debt (EG credit card overdraft loan?)

 

With the above information your question can be answered more accuratly.

But on a side note if it is an agreement where a CCA is present they will be able to reconstruct an agreement.

[theoldrouge]

they have most certainly not complied with the cca request

 

I would certainly cease any payments until/unless they comply

 

please give further info as requested

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436197-Rules-about-the-duty-to-provide-a-CCA-agreement-and-the-consquences-of-not-doing-so

 

[Everett]

Ok debt as far as we can remember is for an Overdraft.

P&J have owned the debt since 1996 ( purchased from Barclays OC)

The amount outstanding is approx. £3k.

Should I send them a non compliance to my CCA request letter and put it into dispute ?

[theoldrouge]

ah right no ,cca request not really applicable for od

[citizenB]

When was the last payment/activity/ acknowledgement on this account, please ?

[Everett]

Done some digging and actually it's for a personal loan.

Last payment last week ( never missed a payment to them )

[SabreSheep]

OK

neve rmissed a payment yet its been passed to DCA?

 

This doesnt sound right.

 

We need to know if its a OD or a LOAN

[theoldrouge]

Done some digging and actually it's for a personal loan.

Last payment last week ( never missed a payment to them )

 

back to post #3 then

 

stop payments, do nothing

 

they know what is required

[slick132]

Hi Everett,

 

Have you checked YW's CRA file recently to see if this is still showing.

 

It would also be good if you know when this a/c was formally defaulted.

 

Do you have the old data for this a/c to check if there was any PPI on the loan, or if YW suffered penalty charges when she fell behind with payments. These could still be reclaimed to reduce the balance that's owed.

 

[Everett]

Not on CRF.

 

When I say not missed a payment, that is to P&j.

 

My wife has been making low payments since 1996 to them.

 

They have just started using bully boy tactics and demanding she clears the balance.

 

What is her next move or can anyone point us to what letter we should send ?

 

They have returned the CCA fee and said they don't have a copy of the CCA.

 

But they also said, it may take some time to retrieve the original CCA from Barclays.

 

So what if, say in a months time they get hold of the original agreement , will it be valid ?

[ericsbrother]

Yes, but they cant legally take any action until they do so you can in theory stop paying them until they comply. I would be continuing with the current arrangement and let them know that they can do nothing until they do comply.

You also need to find out what charges they have added on to the debt, if any. They should have sent you annual statements of account so again, you can halt payments until the comply on this point as well.

To find out about charges and fees from barclays you will need to send Barclays a SAR

[slick132]

Hi Everett,

 

There's little point in speculating about whether the bank or DCA will produce a credit agreement. Worry about what to do IF they produce a valid agreement.

 

Until that happens, the DCA cannot take collection or enforcement action.

 

As per Eric's post above, please let us know about penalty charges and/or PPI as requested in my last post.

 

[Everett]

Last year on the advice of this forum we sent a CCA request to P&J.

 

They returned the postal order saying that they did not hold a copy at their office and it would take some time to produce.

 

It is now 13 months later and still no CCA.

 

On Friday we had another letter from Foulds solicitors demanding payment in full and threatening court action

( regular payments have been made but the debt is very old, around 20 years from my wife's from a previous marriage )

 

Should I send them another CCA request or a Dispute letter ?

 

Or are CCAs no longer valid ?

 

 

What is a CPR ?

 

Thanks

[dx100uk]

old and new threads merged.

 

 

so theres been no payments since nov 2014?

[Everett]

My wife has continued to make regular payments to them.

[dx100uk]

why?

you were told more than a year ago to stop

 

 

cash cowed or what!!

 

 

dx

[Everett]

Fair enough.. But my Wife would not cease payments.

Back to question.. Should I send a new CCA request or a Dispute letter ?

Is there an up - to -date template on this site ?

[dx100uk]

they've failed the CCA request

no need for anything more legally to be done than to stop payments

and remove their cash cow from the milking parlour

[slick132]

Hi Everett,

 

CPR are the Civil Procedural Rules. They govern all aspects of litigation and set rules that should be followed before, during and after court action.

 

Unless YW is prepared to challenge the DCA by stopping paying, nothing will change. YW will keep paying for as long as this outfit keeps threatening her.

 

1. Have you been sent annual statements showing how the payments are reducing the amount owed on the loan a/c.

 

2. Is any interest being added to the balance.

 

3. Approx how much is owed now.

 

4. How much is being paid each month.

 

I'd ignore the sol'rs until you give us more info.

 

[Everett]

Debt written off ( £3600 ) file closed.

Many thanks to all those who gave advice.

[dx100uk]

ruddy fleecers!!

 

 

well done.

 

 

dx

 

 

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[theoldrouge]

well done, shame about the extra payments made

[HP Mum]

ma I ask if you sent in a letter putting the account into dispute because they failed to reply to the cca?

A dca has failed to reply to my cca request and I am unsure what to do next.

(bit different in my case as original bank has a ccj on the account)

[dx100uk]

it is current wisdom

once the CCA fails

 

 

you go quiet

they are quite well aware that they have no legs after a CCa fail.

however in your case

the CCJ trumps the need for a compliant reply

 

 

dx