CCA requests for old accounts - what to do now?

[Spudgun101]

I recently sent CCA requests to Barclaycard for the two cards i have with them and have received replies to both requests. I not sure however how to interpret them and how to proceed.

 

A little background might help to explain the situation. The two accounts are positively ancient. I'm not sure when i got the Mastercard account, i think it was a few years after the Visa account, but when exactly i don't know. I know when i opened the Visa though. It was opened when i went to university, in 1984.

 

I've been making reduced payments to Barclaycard for about 4 1/2 years under what i assume is an arrangement to pay. But i don't know as Barclaycard have not been reporting the accounts to any of the CRAs. Its odd, but i've checked all 3 and they're not on any report.

 

So i'm unsure what to do. Do i leave things alone knowing that its not going to effect my credit rating or do i make a claim of unenforceable debts?

 

Any insight or advice would be most welcome.

[Bazooka Boo]

Are there any dates on the T&C's they have sent you?

 

Have a closer look at the edges at the bottom and there should be what looks like a reference number.

 

If these accounts are as old as you say, then sharklaycard are going to need the original copy of the agreement to enforce this in court, NOT a recon that they have sent you.

 

I'm thinking they're using you as their cash cow.

 

If you have been making reduced payments, then they must have sent you a default notice (DN) which tells you that you

have until dd/mm/yyyy to make payment to cover the outstanding debt (NOT the balance) before they will terminate the agreement.

 

Then they send you the termination notice, and then all interest charges are stopped.

 

IMO, I'd drop them down to £1 a month, whilst you demand a SAR (£10 fee) and get the entire history of this account so you can

see exactly how much you have been paying, and how much charges/fees and interest they have been adding so you can then reclaim them all.

 

How much have you been paying them each month for the last 4.1/2 years?

[Spudgun101]

Are there any dates on the T&C's they have sent you?

 

Have a closer look at the edges at the bottom and there should be what looks like a reference number.

 

No dates to the T&C's, although they mention Barclaycard cheques, which aren't in the current T&C's

 

If these accounts are as old as you say, then sharklaycard are going to need the original copy of the agreement to enforce this in court, NOT a recon that they have sent you.

 

I'm thinking they're using you as their cash cow.

 

If you have been making reduced payments, then they must have sent you a default notice (DN) which tells you that you

have until dd/mm/yyyy to make payment to cover the outstanding debt (NOT the balance) before they will terminate the agreement.

 

Then they send you the termination notice, and then all interest charges are stopped.

 

I've only got one recon, for the Mastercard card. They've only acknowledged the CCA for the Visa card, and interestingly, they say the next monthly payment should be £0.00

 

I don't recall a default notice, but i did set up the DMP through a fee paying company (i've since been self managing the debts).

 

IMO, I'd drop them down to £1 a month, whilst you demand a SAR (£10 fee) and get the entire history of this account so you can

see exactly how much you have been paying, and how much charges/fees and interest they have been adding so you can then reclaim them all.

 

How much have you been paying them each month for the last 4.1/2 years?

 

I have been seriously considering a SAR to see how much i might be able to reclaim.

 

I've been paying reduced payments since Oct 2010, a total of £170.30 with an APR of 3%.

 

 

One thing else - when i received the recon CCA for the mastercard, i also received two covering letters for other people. This is obviously a breech of data protection, so should i report it to someone like the ICO? I'll also need to return these letter to Barclaycard, can anyone suggest an address?

[dx100uk]

yes sar.

 

 

BC might have made the requirements of a sec 77/78

but that's nowhere near compliant to goto court

 

 

much the same as most CCA request returns sadly.

[slick132]

Hi Spud and welcome to CAG

 

Do you know when you first defaulted on these a/c's - ie you failed to maintain the required monthly payments.

 

Is either a/c showing up on CRA records.

 

[Spudgun101]

Hi Spud and welcome to CAG

 

Do you know when you first defaulted on these a/c's - ie you failed to maintain the required monthly payments.

 

Is either a/c showing up on CRA records.

 

 

I failed to make the required monthly payments from about May 2010, I don't have all statements, so it might have been a month or two earlier. I've checked experian, equifax and callcredit, neither account shows on any report.

[slick132]

Hi Spud,

 

Do you know when or if Default Notices were issued by BC.

 

We've seen cases where they have been very slow, or even failed, to issue DN's when the a/c became delinquent.

 

This can impact your CRA records badly if, for instance, they place adverse marks NOW which would stay visible for the next 6 years, ie until 2021 .........

 

.......... as opposed to the DN being listed at the right time (in your case around 3 months after you defaulted) around Jan 2011. In this case, the DN would show on the CRA files until Jan 2017.

 

[Spudgun101]

Hi Spud,

 

Do you know when or if Default Notices were issued by BC.

 

We've seen cases where they have been very slow, or even failed, to issue DN's when the a/c became delinquent.

 

This can impact your CRA records badly if, for instance, they place adverse marks NOW which would stay visible for the next 6 years, ie until 2021 .........

 

.......... as opposed to the DN being listed at the right time (in your case around 3 months after you defaulted) around Jan 2011. In this case, the DN would show on the CRA files until Jan 2017.

 

 

I don't recall receiving default notices, which doesn't mean that they weren't issued. I've done my SAR, I just need to get to the PO.

 

If Barclaycard did place defaults on my CRA records now it would have a big impact. I would have a strong argument for the default to be moved back to roughly 6 months after i failed to make the required payments, but when do Barclaycard listen to reason.

[slick132]

Re the SAR, don't use RM Signed For delivery if you're sending to a PO Box address.

 

Also, a cheaper option is to get a free Certificate of Posting at the PO.

 

A late-placed DN should always be challenged.

 

[Bazooka Boo]

I'm at a loss as to why or even how, they are still adding interest to an account that has technically defaulted, and should by now, have been terminated?

 

If this was terminated in say 2010, then that will be 5 years worth of interest to claw back, that is of course IF they have gone through the correct process of account management, sounds incredibly shady to me, that or I'm missing the obvious?

[Spudgun101]

Well the paperwork from the SAR request has arrived. About 2 inches thick! Guess that's the next few days sorted out.

[Bazooka Boo]

Yep, grab a highlighter and mark the most salient points, it is worth going through it with a keen eye..

[Spudgun101]

Well I've had a quick scan through it all and the first thing that leaps out was tucked right at the back. Both CCAs. With my signature, the right address, the whole kit and caboodle. They can't find them when i ask for them, but they've got them.

 

One of them is 31 years old!

Go figure.

[Bazooka Boo]

Typical!