moorcroft then westcot for BC - now found unknown Cabot CCJ for barclaycard 'debt'

[andyg1]

Hi Wescot have written to me about a barclaycard debt which they and Barclacard have written to me confirming the debt is unenforceable.

 

They both claim however that collections can continue and they threaten more contact from the recovery team.

 

Despite writing on sevreal occasions requesting all correspondence to be in writing they continue to phone.

 

If it is unenforceable i am not going to pay , i think they recognise that .

 

How do i go about either finalising this matter or at least prevent endless telephone cals from Wescot please ?

 

Thanks

[Conniff]

Have you written to them and told them that as it is now statute barred, you will not be paying anything further?

 

They are correct in that the debt will always remain and they can attempt collection, just not through the courts. However, their collection attempts must not become harassment.

[andyg1]

Thanks for your reply it is not statue barred untill 6 years have past since i last paid anything to the account i have another 5 years before that happens as i paid token sums .

 

To confirm i thought i was allowed to insist on no telephone calls is that right ?

 

If they wish to send me letters for 5 years i can live with that but why would they waste their money ?

[dx100uk]

you rarely have bailiffs used on civil ccj's

 

dx

[Conniff]

Why have they claimed the debt is unenforceable ? and why aren't you going to pay it back ?

[citizenB]

Sadly, just because they have advised that this is unenforceable - they will continue to harass you.

 

You can insist on communicating in writing only. The OFT cover this in their Debt Collection Guidance.

 

You should be able to get any numbers these companies used blocked by your provider as nuisance calls. However, they tend to use a block of numbers.

 

The only thing I could suggest would be to invest in something like "True Call" - CAG did use to sell them, but they can be obtained from amazon at a cheaper price.

 

The Guardian did an article on this product ..

 

http://www.guardian.co.uk/money/blog/2013/jun/25/how-stop-nuisance-phone-calls

 

Those people who have invested in them say their lives have been changed dramatically, because they have regained control over their lives.

[Ell-enn]

County Court bailiffs can be used by the creditor if a CCJ is registered and payment not received.

 

I suggest you get a statutory declaration done stating that all items within the property and it's boundary belong to you - affixed is a template stat dec which you can have notarised at a local solicitor for around £10 (I think that's the going rate), or by a county court officer. If bailiffs do turn up at your home to execute a warrant you can then show them a copy of the stat dec. Make several photocopies in case you need to give a copy to a bailiff.

[andyg1]

Thank you that is a reassuring document which we will get signed at the local solicitors

 

Thanks

[andyg1]

Hi i have twice sent Barclaycard a CCA after around 7 months they respond with a reconstitued agreement which obviously is signed by neither party .

 

What would be my next move please

 

Thanks

 

Andy

[andyg1]

I have today received a reconstituted agreement in reply to my CCA request , it is signed by neither party what do i do next , as explained above the cca does not show up in th SAR either

 

Thanks

[sequenci]

Hello there.

 

Can you tell us when you took out the Barclaycard??

 

best wishes,

 

Seq.

[andyg1]

26/06/07

 

It was not an on line agreement it was a handsign in the boxand date agreement

 

Thanks

[sequenci]

It's really very unlikely that you'll be able to challenge the enforceability of this one due to the date in which you opened the account. Any credit agreements eneterd into after the 6th April 2007 can be enforced via the leave of the court - even if they are not in the correct format or improperly executed.

 

In short it's quite possible that if Barclaycard (who whoever purchases the debt from them) takes you to court they'll get their judgment - regardless of the fact that there are no signatures. They'll just need to prove to the court that a contract existed.

[andyg1]

Thanks for the reply that is a shame a couple of months earlier and it could have been challennged then . It is with Moorcroft now manage the account o behalf of Barclays i have a token £1pcm payment plan in place

 

Thanks

 

Andy

[BRIGADIER2JCS]

There is no obligation for the creditor to supply a copy of an agreement with a SAR.

 

A recon does not need signatures.

 

A recon. MUST have.

1. Your name and address at the inception of the agreement.

 

2. Name of Creditor and their address at inception.

 

3. ALL the Ts & Cs at inception and any other documents mentioned in the Ts & Cs.

 

4. The relevant Ts &Cs at closure of the account.

 

5. All amendments made during the life of the agreement.

 

ALL the financial data applicable to the original agreement.

 

If the above is complied with it satisfies a request under sect. 77/78 CCA 1974.

[andyg1]

Thanks Brigadier

 

I have a question the reconstitued agreement i have is dated more than a year before i even applied for the card.

 

It has no signature and it would seem they have just randomly chosen a date after April 2007 and added it despite the account not having been applied nor open till more than a year later .

 

How would i handle this in your opinion

 

Thanks

[andyg1]

I have just noticed the reconstitued agreement is dated more than a year before i applied and was accepted for the account.

 

Therefore it is not a true reflection of the account

 

How might i handle this situation

 

Thanks

[dx100uk]

when was the last payment made?

is this on your CRa file [see below]

 

if link have it

then it must be toxic

 

got PPI & penalty charges to reclaim?

 

dx

[andyg1]

After a SAR and two CCA requests i have been furnished with 2 re-constituted agreemnts by BARCLAYCARD but both with the same date are dated a year before the card was applied for .

 

Brigadier suggests that the reconstituted agreement should show the date of inception

 

They show however June 2007 a year or more before i applied and was accepted for the card.

 

How do i handle this.

 

The debt is being managed by Moorcroft and still owned by Barclaycard but it would appear they have randomly guessed a date ?

 

Thanks

[BRIGADIER2JCS]

No sigs required on a recon, if the date is prior to the account opening the recon can be rejected as non compliant.

[andyg1]

There is no date on the actual agreement is all blank aside from my name and address and theirs . The date is on the terms and conditions and is for one year earlier.

[BRIGADIER2JCS]

There is no date on the actual agreement is all blank aside from my name and address and theirs . The date is on the terms and conditions and is for one year earlier.

Then the Ts & Cs cannot be assumed to be correct.

[andyg1]

Thank you what should be my next move, do it write to them and say they have not complied with my CCA request or leave it untill they chase me legally ?

 

Any advice greatly appreciated

 

Thanks

[BRIGADIER2JCS]

Personally I would wait until you are contacted then bring up the CCA request failure to comply, let them waste time and money!

[andyg1]

Thanks Brigadier