MKRR [MKDP chasing old Barclaycard 'debt - Statute Barred Boo Boo

[sh1974]

Back in April I reached the point where I could no longer hold off turning to a debt managment company for help.

 

 

I ended up going to Gregory Pennington and aksed them to help me with 5 debts that I had.

4 Credit cards and a student loan.

 

 

Now they said the couldnt do anything about the student loan but we agreed on payment plan for the 4 cards

and I left them to get on with the things they needed to do.

 

3 of the card companies agreed to the payment plans proposed immediatley

and without any fuss. barclaycard however are a different matter.

 

Pretty soon after I stopped paying Barclycard Mercers got in touch and as per instructions

I told them Gregory Pennington were dealing with things.

At first they accepted this.

 

 

However, soon after they started phoning me up saying there was no agreement in place,

I had pay all outstanding charges and that charges and interest would continue to be added to my account.

 

Mercers phones me 3 times a day, every day, until I speak to them, then the calls stop for a week,

then its back to 3 times a day every day until they get hold of me.

 

I've also picked up around £700 in charges and interest costs.

 

Mercers claim that Gregory Pennington have not sent the correct information.

Gregory Pennington claim they have sent it several times.

(And given that the other companies have all agreed I cant see why GP wouldnt have sent the necessary information and requests to all parties).

 

Im getting stressed out having the same conversation with Mercers every single week,

but equally, I dont want them phoning me every day, three times a day

(although they make a great alarm clock in the mornings, 8:45am every day - including weekends)

 

I dont know whose at fault, GP or Barclaycard and I dont seem to have a way for sorting it out.

 

How do I get this sorted?

 

Can I do anything about the increase of £700 on my debt (£1000 if you take into account the payments they have recieved as well)

 

In regards to harasment with phone calls, is once a week, (if I speak to them) harassment?

or is 3 times a day, every day, (when I dont answer them) harassment?

 

 

I find it hard to see how it is, but I'll go down what ever route to get the to stop calling.

 

Regardless of whether barclaycard are playing silly buggers,

im paying GP to sort this and they are not, and thats really the bottom line.

Can anyone recommend an effective debt management company.

[42man]

Hi SH, and welcome to the CAG forums, do spend some time reading round the forums as you will pick up some very useful information...I would start reclaiming the excessive charges that have been added to the account. Sending a SAR (Subject Access Request will reveal all they have you on - unfortunately this will cost £10 but at least you will know where you stand with them)

 

Send this one by recorded (send £10 in postal orders) They have to respond within 40 days

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

-------------------------------------------------------------------

 

As for the harrassment send them this letter by recorded delivery

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

---------------------------------------------------------------------

 

I would ask Penningtons to send YOU what they have sent to Barclaycard/Mercers as the OFT make clear guidelines which include -

 

Section 2.8 - Deceptive and Unfair methods

 

c. refusing to deal with appointed or authorised third parties, such

as Citizens Advice Bureaux, independent advice centres or money

advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with

debt management companies

[PGH7447]

Mercers are nothing if not predictable, they refuse to enter in to payment plans if you go through a DMP provider that is not either Payplan or CCCS. Their point being if you can pay a dmp company you can pay them more.

 

as 42man says CCA them let them know you will not be bullied

[42man]

And yes send a CCA request - which you will find here (LETTER 'N') - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

You need to send this particular request with a £1 postal order and send it by recorded delivery. If they don't send it within 12+2 working days then they are in default of your request and while that default continues they cannot enforce the debt this is the relevant legislation if you want to know why -

[sh1974]

Thanks for the responses.

 

What was said about Mercers trying to get me to accept Payplan/CCCS is 100% spot on, this is what they have been trying to do for the last month or so.

 

I would ask Penningtons to send YOU what they have sent to Barclaycard/Mercers as the OFT make clear guidelines which include -

 

I asked penningtons to send the information to me previously and they said they couldnt as information is sent over in batch form (multiple cases and therefore subject to data protection) rather than in regards to individual cases.

 

 

Recieved a letter from Mercers today (I assume because I have not been answering the phone) saying the baillifs will be round in 48 hours.

[Pinky69]

Send a copy with a complaint to the Office of Fair Trading.

[PGH7447]

Recieved a letter from Mercers today (I assume because I have not been answering the phone) saying the baillifs will be round in 48 hours.

 

Already been to court then have they? - if not their usual idle threats report them to oft

[sh1974]

Hi.

 

Thanks for the previos advice. It took a bit of time for me to actually do it as lots of other things came up (i know, it only took 5 minutes of my time but, well its done now).

 

I sent the letter N to barclaycard and have not recieved a reponse from them.

 

What do I do now? its been 24 days since i sent the letter.

 

Oh yes. Mercers stopped calling and another group started calling, I forget their names. Then they stopped calling after I refused to speak with them (I told them to contact me only in writing) and a third company, Debt Managers Ltd started calling asking for payment of the full balance immediatley.

Edited January 26, 2009 by sh1974

[sh1974]

sorry, needed to bump as no replies recieved.

[creditcardmug]

I would drop penningtons, and do this on your own, with help from this site, you dont need them, they are only confusing issues, and costing money.

[ajax95]

While you're still with Gregory Pennington, I suggest you send any of the letters you're getting onto your contact there. Sounds like Mercers are playing one of their normal tactics

 

I would drop penningtons, and do this on your own, with help from this site, you dont need them, they are only confusing issues, and costing money.

 

Also, I think you'd do well to have a look at what creditcardmug suggests...

[sh1974]

Well time to resurrect and old issue.

 

Barclaycard - they found me.

 

I've just received a letter from a debt collection agency saying their client has bought my barclycard debt

and that want £5,500 off me.

Not happening.

 

 

I was hoping this debt might have been 6 years old by now so I looked through my old bank records

and the last payment I made to Barclaycard was March 25th 2008.

I thought, a couple of months and it is indeed 6 years old and should be statute barred.

However, I then thought of something else...

 

If you look back through this thread I was trying to clear my debt through Gregory pennington to all the people I owed money to.

Everyone played ball except Barclycard and I am now close to clearing all those debts,

except to Barclaycard who I refused to pay £120+ a month too when everyone else was excepting far far less.

 

 

Due to some advice I received on here I sent in a CCA request using the letter N posted down the thread.

I commented that I had not received anything after 24 days, which I believe is the required time.

That was in January 2009.

 

 

A few months later I moved house and shortly after that I received a response from Barclays,

dated May 8th 2009 stating they had complied with all legal obligations in regards to the CCA request.

 

That was the last contact I believe I had with Barclaycard in regards to anything at all.

 

My questions are:

 

1) Does selling the debt on to someone reset the time period for which a debt can become statute barred?

 

2) If it doesn't, when would my debt become statute barred. March 2014 (as thats 6 years after I last paid anything)

January 2015 (the last time I wrote to them, does a CCA request count?) May 2015 which is when Barclaycard last wrote to me.

 

3) Once it does become statute barred,

how do I go about making the company that now ownes the debt accept that ?

[Desperate Daniella]

Hi there,

 

1) Selling the debt on doesn't reset the time.

2) There is a lot of argument over statute barred dates at the moment. The current thinking is that the SB date starts when the credit card company has a cause of action against you and this is generally considered to be about three months after the last payment. We are hoping someone does actually challenge this in court as there doesn't seem to be a legal authority.

 

I don't think you will be safely out of the woods until about June.

 

A CCA request doesn't count as an acknowledgment unless you acknowledged it when you wrote to them.

 

3) Once it is statute barred the company will have to accept it but that won't stop them asking for payment.

 

Who has bought the account?

 

DD

[sh1974]

A company called MKDP LLP has bought the debt and are using MK Rapid Recoveries.

 

Actually looking at the letter, it's Barclaycard that have written to me to say they have sold the debt,

i've not heard from MKDP LLP yet.

 

 

However, they say they sold the account on in June 2011.

I'm assuming i've not heard anything because they have not known where I live.

 

 

Unfortunately I was made redundant 4 months ago and I am still out of work.

I worked out a settlement agreement with company and a freeze with another and had to update my address with them.

I guess that's how they have found me.

I assume Barclaycard will now eagerly let them know where i'm at so they can start harassment procedures.

 

Is there any way to see whats listed on my credit history other than going through experian as I don't like their monthly fees.

[Desperate Daniella]

If you haven't heard from them I would keep a very low profile until you do and hope the time ticks away.

 

You could try and get a free trial month from Experian. I think they offer this and so do some of the other CRAs.

[Desperate Daniella]

Did you ever get the agreement, or anything pretending to be an agreement, from Barclaycard?

[sh1974]

I did get something from them in 2009 but I can't find it amongst my paper work, just a letter and a one page sheet of terms and conditions. There was more but it seems i've probably thrown it out.

[Desperate Daniella]

If and when you do hear from MKDP you can send them a CCA request. From what you say it sounds like they just sent you the T&Cs. You are entitled to ask for a copy of the agreement and MKDP as the owners are responsible for providing it.

[sh1974]

I'm sure they sent more than the T&C's as it was a fairly thick wad of papers and I still have the T&C's with there letter which is just a single page.

 

I'll wait and see what happens with MKDP though. If Barclays have gone to the trouble to write to me now when they sold the debt on 2 1/2 years ago I'm sure they will contact MKDP.

What good does getting a CCA request do me though? doesn't it just delay things?

[sequenci]

We are hoping someone does actually challenge this in court as there doesn't seem to be a legal authority.

 

There's plenty of caselaw on this issue, some of which has been popped on on the main thread.

 

OP: Sorry to hijack. Apologies!

[Desperate Daniella]

There is on the BMW case, and we've discussed the timing of the cause of action. What I meant is a case where someone says they made the last payment on, say, 31st July and a judge actually agrees that this date starts the SB clock.

[Desperate Daniella]

I'm sure they sent more than the T&C's as it was a fairly thick wad of papers and I still have the T&C's with there letter which is just a single page.

 

I'll wait and see what happens with MKDP though. If Barclays have gone to the trouble to write to me now when they sold the debt on 2 1/2 years ago I'm sure they will contact MKDP.

What good does getting a CCA request do me though? doesn't it just delay things?

 

A wad of papers doesn't mean it included the signed credit agreement.

 

You want to delay things!

[sequenci]

There is on the BMW case, and we've discussed the timing of the cause of action. What I meant is a case where someone says they made the last payment on, say, 31st July and a judge actually agrees that this date starts the SB clock.

 

A judge wouldn't do that. They would need to apply previous binding authority.

[Desperate Daniella]

But we all know that judges do not necessarily apply the previous binding authority. There are some who clearly ignore the statute and also the Appeal Court ruling about faulty DNs not being de minimis.

 

It would be great if someone did challenge it and got lucky with a judge in the same way that some creditors get lucky. (Even a solicitor in a case before Christmas admitted that he had been lucky and "it could have gone either way.")

[sh1974]

Hey All.

I think I may have screwed up and I need some help.

 

 

I got in to debt many years ago and in 2007

I turned to Gregory Pennington with help on 4 credit cards,

2 to MBNA,

1 to Capital 1 and

1 to Barclaycard.

 

 

GP arranged a payment plan with the first 3

but couldn't get Barclaycard to agree to reduced payments as they wanted £120 a month.

 

 

The last payment I made to Barclaycard was in February 2007.

 

 

I used GP up until 2009 when I stopped paying them and made arrangements with MBNA and Capital One direct.

I refused to deal with Barclaycard.

 

Roll on to 2013 when I receive a letter from Rapid Recoveries saying they have bought my debt from Barclaycard

and now they want a huge £5,500 from me (Barclays constantly added fees and interest)

 

At the end of Dec 2014 I sent Rapid Recoveries a statue barred letter

and I just received a letter back saying I made a £5 payment in June 2009.

I was pretty sure I didn't so I looked at my bank statement and

no, no payment was showing to Barclaycard.

However, there was a payment to Gregory Pennington.

 

Now, they had told me Barclaycard had refused to enter in to a repayment plan with them,

though unfortunately I think they told me that on the phone and not in a letter so I have no proof.

 

 

Since I'm having a really bad week I went through all my paperwork that I could find

and there on a statement from GP for May 2009 was a £5 to Barclaycard.

I don't have a June statement but I suspect there will be a payment on that.

 

Clutching at straws here.

 

Is there anyway to deny the £5 payment by GP as there was no repayment plan in place?

Or to say that I had not authorised them to make any token payments to Barclaycard on my behalf.

I'm sure the answer is no, but have to ask.

 

Also, June 2015 would be the 6 years for statute barred from the 'last payment' they say I've made.

 

 

Does the statue barred letter constitute me acknowledging the debt in any way ?

or does them finding a payment made back then now reset the time on the debt?

 

If they don't, can I try to fudge them off until July and send the letter again?

 

No way I can afford to pay them back as Im currently unemployed

and even if I was employed, there is now way I can afford a £5500 debt.

 

 

I've only managed to clear one of the previous debts and still owe £900 off the remaining debts.