Hoist/? claimform - old Barclaycard 'debt'***Claim Discontinued***

[slick132]

Hi Hades,

 

BC will maintain that they've complied with your CCA request and they are unlikely to supply you with further doc'ts. However, unless they have a copy of the signed credit agreement, they should not be able to take court action and, if they do, you should defend.

 

When was each a/c opened.

 

Are you paying towards the a/c's, even with a nominal payment.

 

Are there penalty charges and/or PPI that you can reclaim with interest, to reduce the balance owed.

 

We may need you to have a separate thread for easch a/c to avoid them getting muddled.

 

[joebloggs72]

hi slick at present they only sent one reconstituted agreement.

 

one account was dealt with by lowell a while back it has its own thread they put the account on hold months ago as they could not supply an agreement

 

 

..then a my two other barclay card accounts were taken on by MKDP i ignored them for a few months while they did there usual stuff and when they threatened more stuff.

 

then i sent a CCA request for both accounts both came back saying at this time they were unable to supply me with a copy so was asking barclycard and then this popped through the post.

 

no doubt there will be a second one for the other account within the week..

 

i havent made a payment on either account for a for a year plus the accounts must be 8-13 years old now and there is loads of penalty charges on them ie overdrawn late payments the one where barclay card makes you wait 3 months b4 you can go on a payment plan knowing you will default each month till the plan kicks in..always hated that one

 

...i never made a claim on any penalty charges as that would be me claiming ownership of the debt wouldnt it?

Edited July 23, 2013 by slick132
entered paras so easier to read

[slick132]

I assume you're not disputing the debts, merely their right to demand payments without the proper paperwork.

 

Reclaiming penalty charges with compound interest could have a significant impact on reducing the balance owed. The older the penalty charges, the greater the effect of claiming compound interest in restitution.

 

If you haven't paid for about a year, that leaves a further 5 years before any a/c becomes Statute Barred.

 

Ignoring the a/c's may only hold off action for so long, after which they may try court action, especially for a larger debt.

 

Do you have all the old statements necessary for you to put the penalty charges on a spreadsheet, to see what you could reclaim.

 

Useful info and compound spread is here - http://www.consumeractiongroup.co.uk/forum/showthread.php?397735-Littlewoods-penalty-charges&p=4294208&viewfull=1#post4294208

 

[dx100uk]

if MKDP have ownership of a dent

then theres def something wrong with it.

 

it p'haps might be prudent to sar BC

 

you might have more than you think to reclaim.

 

dx

[joebloggs72]

i would rather not pay them as i have no income i lost my job a while back so

 

my wife works so the only income i have is via her as i dont claim any benefits and i look after our children.

 

.i knew how badly barclay card keep records from the littlewoods card months ago.

.and that went away because they couldnt provide the agreement .

.i dont have any statements from barclaycard its been a few years since the account went to the first lot of debt collecters.

 

.now the agreement they sent me came from barclaycard themselves and not the debt collectors does that mean i will start getting demands from them again now.

seeing barclays consider they have done what they needed too..

my question is without a signed agreement from me can they enforce the debt or are they blowing wind out their asses to scare me into saying the debt is mine and paying it.

 

it would be like getting blood from a stone as i just dont have it i have never liked being in debt

and always paid my way but life doesnt always go the way you want and theses guys are like vultures picking a carcass clean

[slick132]

Hi Hades,

 

I'm not so sure that there would be any "fault" with the debt. BC sell debts because the creditor is not paying and, in this instance, the purchaser is MKDP. I'd be wary of assuming there's anything wrong with the debt until you know this for sure.

 

I would send BC a SAR now regardless of whether you know if you'll use the info or not.

 

The reason for this is that they will only send you 6 years of data from when you request it. If you ask for the info in 2 years' time, you will only get info from 2009 to 2015. Request it now and you'll get data back to 2007.

 

The extra info could be worth hundreds of pounds to you although it depends on when you think you would have been charged penalty charges.

 

Without a credit agreement with your sig're on it, they should not win a court case but, as always, it's down to the judge on the day. Otherwise, they can and will continue to seek payments.

 

As regards them getting blood from a stone, I understand what you're saying. You have to decide whether to pay a nominal amount to keep them off your back or pay nothing until you can afford to again.

 

[joebloggs72]

thankyou

 

 

i had a new letter today from mkdp stating they still hadnt been able to fulfill my request

and its dated 30th july so unsure if there saying even though BC sent me that reconstituted agreement

that isnt what was required and that there liaising with my original creditor.

 

 

.fact is this i have zero income now i became a stay at home dad after losing my job and have no income in my name

so if they want to take me to court i would encourage them to make me bankrupt would save me the fee, thats the worse case scenario .

 

 

..i just wanted to know the chances of them doing so seeing they cant produce a signed copy as i read here how crap BC was or are at keeping old agreements.

[slick132]

Hi Hades,

 

From the tone of their letter, it seems they, at least, believe they are waiting for some info or document from BC to send on to you.

 

I would therefore do nothing for now and see what they say when they next approach you.

 

[joebloggs72]

hey guys might aswell bump this thread seeing its the same thing

 

more a year now MKDP couldnt supply me with a true copy of my credit agreement

 

 

today i received a recorded letter with a reconstituted credit agreement..

 

 

now my question is this what needs to be on a credit agreement for it to be a true copy of the original? I

 

 

know they no longer need to prove a signed copy

but just a copy of the agreement as it was when i entered into the agreement.

 

I received a letter from MKDP

a letter barclaycard stapled to two badly photocopied sheets that i cant read badly faded,

then 3 sheets of conditions i can read .

 

 

.i cant see anywhere what my interest rate would be

 

 

does have a box covering all their cards and general interest rates

but not what i had as far as i can remember (no proof) to prove my memory).

 

before i ignore the letter as no doubt they will come after me all barrels firing now i need to know what they sent me is infact a true copy

[dx100uk]

when did you take the card out?

 

 

dx

[joebloggs72]

honestly i cant remember but must been pre 2007 i think it was taken out around 2003 but i had 3 cards with barclaycard and i cant tell now what account is which and there is no date on anything they sent me

[joebloggs72]

i just trawled my bank account

 

i show payments going to b-card

 

the transactions show barclaycard cd 2715

and

barclaycard cd 8224

 

would this of been for two different cards

 

is each card isssued its own number when listed in a bank account?

 

if so that covers two of the cards and payments start 2004-2005

[dx100uk]

they'll need the SIGNED copy.

 

 

end of

 

 

dx

[dx100uk]

yep and you had 3 BC's?

 

 

dx

[joebloggs72]

yes i had two barclaycards and one littlewood card which is owned by barclaycard ..i thought there was some ruling which said a creditor no longer needed to provide a signed copy of an agreement

[SabreSheep]

Im thinking there may be penalty charges reclaimable here

[joebloggs72]

probably a lot as b-card even when you enter agreement to repay

they make you default for 2-3 month before the agreement starting

 

 

i remember this happening with 2 cards as i asked them to freeze the fines etc

and they said they couldnt

 

 

...but i have held off trying to recliam all the late payments and over limit fines

because i didnt want to accept the debt and by saying give my money back

 

 

i thought i would be excepting liability for the debt

 

 

Im thinking there may be penalty charges reclaimable here

[dx100uk]

yes i had two barclaycards and one littlewood card which is owned by barclaycard ..i thought there was some ruling which said a creditor no longer needed to provide a signed copy of an agreement

 

 

if they are PRE apr 2007

 

 

anyone on any of the cards will need a copy of YOUR SIGNED CCA for THAT CARD to enforce it

 

 

end of.

 

 

dx

[SabreSheep]

Also bearing in mind the charges and interest in restitution MIGHT wipe the balance AND give you money back. 29.99% Compound interest on every charge was claimed back in some cases.

 

A subject access request does not reset the SB clock.

 

 

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

[joebloggs72]

well as my bank account shows payments to at least 2 of the cards before 2006 there both pre april 2007.. so what do i do just ignore all there letters again for the next 3 years thats when the debt becomes statue barred because there covering letter told me i now have to contact them as they have fulfilled my request

if they are PRE apr 2007

 

 

anyone on any of the cards will need a copy of YOUR SIGNED CCA for THAT CARD to enforce it

 

 

end of.

 

 

dx

[SabreSheep]

get the information do the reclaim.

 

Sometimes Penalty Charges plus interest in restitution can wipe out the debt....

[slick132]

Hi Hades,

 

In post #17, I said why you should send a SAR at the earliest opportunity if you didn't have all your old statements, ie BC will only send 6 years statements from the date of your SAR.

 

Did you do this last year. If not, you may have missed out on reclaiming penalty charges for the period 2007 -08. Compound interest on such charges could be very significant in reducing any alleged balance.

 

If the a/c's were open before 2007, a recon credit agreement may not be adequate but a judge could decide differently.

 

[joebloggs72]

hi

no i didnt send a sar last year when they couldnt find the original agreements

 

 

i thought my problems was over but

 

 

my account was in good standing for years it was only in the latter years i started to incur charges etc

as i ran into trouble so missing out on the early years i doubt that would off been a problem..

 

 

.from what i read and tried to understand

is that an agreement must show certain things and be readable

what they sent me isnt even readable not easily anyway very blurry .

 

 

.now i just need to know what to do when the letters start flooding back in like i know they will.

 

 

.do i just ignore them are they empty threats?

 

 

do i point out that they havent fulfilled my request as the agreement is pre spril 2007 so needs to be a signed copy?

 

 

on my original agreement doesnt it have to show what my credit limit would be and what interest rate i would be paying?

[SabreSheep]

a signed agreement is not required for a cca. Only required for court enforcement on pre 2007 agreements.

 

however the recon must have the prescribed terms and be readable

[joebloggs72]

so are you saying they can still pester me for the amount(that i can put up with) but they wont be able to enforce it through the courts because they cant produce a signed true copy? all i am concerned about is going to court i can put up with their threatening letters i just dont want baliffs at my door]