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

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It doesn't meant they CANT enforce it. It just means they are UNLIKELY to be able to. A judge could find against you.

 

Yes they can hound you and demand payment.

 

Whatever you do, do not ignore any N1 forms.


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I refer you to post 32

 

 

they can ask for payment

 

 

but until they comply

 

 

with any enforceable CCA's

 

 

you can also ask them to go away off.

 

 

just don't ignore any court forms.

 

 

dx


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

 

Interest rates for cash withdrawals and purchases should be specified as a Prescribed Term.

 

A specific credit limit is not required and is normally addressed on a credit agreement with something like, "We will notify you of your credit limit when the card is issued and the limit will be reviewed regularly."

 

If you think there may have been any penalty charges over the last 6 to 8 years, get this info now using a SAR.

 

:-)


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hi guys update ...mkdp have now passed the account over to mk rapid recoveries i assume its yet another arm of the same firm and they have sent me a final demand ..do i ignore this as mkdp never sent me a legible copy of my orginal agreement nor was it signed

 

thankyou for the continued wisdom of these forums

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have you done what slick suggested above?


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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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no i hadnt as penalty charges would only be around 4 years ago so if the only reason i would be requesting a sar was to reclaim thoses charges i was holding off as nothing would be lost yet ..and i was hoping the fact they couldnt find the agreement would hold them off till it became statue barred ...also claiming any charges back and their interest wouldnt wipe what i owe so there would still be a debt there i cant pay ..as they say can be a pound or a million if you aint got it you aint got it

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they just do that to try and kid you its getting serious

 

 

no agreement...bugger off!

 

 

dx


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thankyou dx the final demand had me concerned do i need to point out to them they hadnt fulfilled the request for the agreement

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I still think you should send off a SAR without further delay. This is not an acknowledgement of a debt.

 

MK tend to be aggressive with court action but, without a credit agreement on a pre 2007 a/c, you have a better chance of defending.

 

You could drop a letter to MKRR reminding them that MK are in default of your CCA request of xxdate.

 

:-)


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hi

 

do you have a template of the wording i should use in sending them a reminder

 

or would a simple letter just stating as of date my request for a cca hasnt been fulfilled as what was sent was neither signed nor legible

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green library tab top left

 

 

dca section.


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cheers found the section just unsure which template would be the correct one to use could you point a chap to the correct one please

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have been told it was removed

 

there no need to remind them.

 

sar time me thinks to BC and get reclaiming

 

dx


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Hello all.

I will be looking at a DRO today for two barclaycards i owe monies on to robinsonway

as they have got solicitors involved and will be seeking a ccj..

 

 

this would reset my statue barred timer so seems the cheapest method

before they pound the interest on and costs and i wont be able to get a DRO

 

my question is this though seems unlikely but might aswell ask..

 

 

can i get all the interest and default late and over limit charges barclaycard charged me

and there was alot they no longer own the debt so i dont know how it works

 

thankyou to any aid give

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Hi Hades,

 

Can you give us some basic background on the 2 a/c's.

 

1. Have you sent CCA requests for each and did they respond with a credit agreement or a lesser document.

 

2. When did you last make a payment to each a/c, or acknowledge the debt in writing.

 

3. Do you have your old statements with details of penalties applied to the a/c over the years.

 

You can't reclaim any interest that you were charged but you CAN reclaim all penalty charges added to the a/c plus compound interest. This can make a come to a large amount, especially if the penalty charges are older rather than more recent.

 

:-)


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Hi Hades,

 

Can you give us some basic background on the 2 a/c's.

 

1. Have you sent CCA requests for each and did they respond with a credit agreement or a lesser document.

 

yes two both it started as 3 accounts but they found agreements for 2 and as far as i remember both where signed even though what they did send me document wise was blurry.. the 3rd they couldnt and it was removed

 

2. When did you last make a payment to each a/c, or acknowledge the debt in writing.

both had token payment of £5 back in 2011 ish maybe early 2012 nothing since

 

3. Do you have your old statements with details of penalties applied to the a/c over the years.

 

no but i think in all the stuff they sent me might be the odd copy of a statement but nothing to show the month after month of £12 late and £12 over limit charge they levied on me

 

You can't reclaim any interest that you were charged but you CAN reclaim all penalty charges added to the a/c plus compound interest. This can make a come to a large amount, especially if the penalty charges are older rather than more recent.

 

:-)

 

 

shame about the interest as when they put me on a payment plan when i first had issues before they froze interest they said they still charge interest for the first two months of a payment plan the interest was more then the payment they was getting off me

 

 

and thankyou slick

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Send a sar to barclaycard to the radbrooke hall address to get all the info and statements you will need. One sar will get info for all accounts and should take no more than 40+2 days to arrive, dont forget the £10 fee.

There is a sar template in the library but please dont post it to the open forum, just amend it for your circumstances.

 

Once you have all the info we can work on reclaiming those charges and compound interest, a tidy sum maybe which could wipe out any alleged debt owed


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

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If you receive a claimform in the meantime, come straight back for help with that


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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three threads merged on these 3 Barclay card debts.

3 yrs ago you were asked to get an sar running

and I think most turned out to be unenforceable when they failed the CCA requests?

 

 

so you carried on paying despite the advise to stop?


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three threads merged on these 3 Barclay card debts.

3 yrs ago you were asked to get an sar running

and I think most turned out to be unenforceable when they failed the CCA requests?

 

 

so you carried on paying despite the advise to stop?

 

 

no as last payment was at least 4 years ago and i had ignored all the letters they sent like i was told too but this is the first time a ccj has been threatened

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Thanks to DX for linking to old thread(s).

You should still answer the Q's above, so we don't have to trawl through years of posts for answers.

 

Sorry I now see you replied in the text box in post #117. :roll:

 

:-)

Edited by slick132

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no a sar wasnt sent but will see to .. the cca where sent and they sent back two as i said hence why one of the debts is now gone

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ok well could we see these supposed enforceable agreements?

upload


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that made me go and check

 

 

i could only find one agreement at the moment but its the one i need

and it doesnt actually show my signature its a reconstituted copy

 

 

that they say completes their obliations under section 78 ofg the act will have to photograph and upload

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