Barclaycard - Unenforceable Agreement - What next? Please help

[Geestra]

Hello,

This is my first ever time posting on a forum of any nature so I feel a little out of my depth but I would really appreciate the advice of the highly knowledgeable and helpful people on here.

I am not very good at writing so have written points rather than paragraphs and have tried to be detailed and concise (I hope).

 

I had a Barclaycard account.

The account was opened in January 1997.

The account was opened by filling in a form in pen and sending it off in the post.

 

In 2015, I had a few personal and financial issues which led me to being late with paying the bill many months, sometimes missing a couple/few months altogether and mostly only making the minimum payment.

Before, this I had always paid the monthly bill in full and on time.

 

Eventually, due to 6 consecutive missed payments, the account was passed to a DCA called Allied International Credit (AIC).

According to my Experian credit report, the 6^th consecutive late payment was 10 months ago and the Account Settled date is 30/10/2018 and which tallies up but I do not know whether this is correct, although it must be I guess.

 

I do not remember receiving a Notice of Default and/or letter stating AIC would be taking over the account from Barclaycard but may have done as I was not really keeping on top of things plus my post was being opened by my partner whilst I was at work during the day and not passed on to me when I returned in the evenings so I cannot be certain.

 

AIC sent me letters on two occasions (as far as I know) asking me to get in touch to discuss the account which I never did – I shredded these letters shortly after receiving them.

AIC also called me every weekday on my mobile for a few months but I didn’t ever answer.

 

A month ago, Barclaycard wrote to me to inform me that they had instructed Wescot to deal with the account. I shredded this letter.

 

On 21/08/2019 I received a letter titled “Notice of Debt Collection” from Wescot dated 17/08/2019, requesting me to contact them to discuss the account.

As I am a bit more on top of things now, I decided to Google what to finally do about the situation.

 

Thanks to the many amazing people who post so informatively, I was able to understand that I should request the following:

1. A true copy of the alleged agreement referred to as per the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

 3. A signed true copy of the deed of assignment of the referenced agreement.

 4. A copy of any other documents referred to in the agreement.

 

So, I emailed Wescot on 21/08/2019 requesting the above details.

 

Wescot replied with an email on 23/08/2019 stating they had “passed my request to Barclaycard and asked that they provide this documentation to them. However, please be advised that a deed of assignment is not applicable as we have not purchased the account, and are managing this on behalf of Barclaycard. Your account will remain on hold until we receive this documentation from our client, at which time we will contact you to provide this.”

Wescot also sent me a letter a week or so later, stating that my requests were being investigated and that “this process may take several weeks”.

 

On 10 September 2019, I received a letter along with "Varied Terms and Conditions" from Barclaycard.

I have attached the letter and the first 2 pages of the “Varied Terms and Conditions” because the file becomes too large to attach if I include all the 14 pages of that document plus they are probably irrelevant.

 

I am confused for many reasons because e.g. Barclaycard state that they "do not have a valid Letter of Authority" to allow them to respond to my representative when the representative is actually theirs! I guess this is not entirely important to the situation!

 

I am also concerned as to what to do next.

Barclaycard may find the CCA at some point, making the agreement enforceable.

I think they would be keen to try and find it as the outstanding balance is £12,651.20.

(I notice that Barclaycard’s letter has incorrectly stated it as £1,2651.2 which would be great if it were true but they’ve just put the comma in the wrong place).

So, if Barclaycard find the CCA, they would be in a strong position to demand the whole balance.

 

As things currently stand i.e. Barclaycard are unable to “provide a copy of the executed agreement”, are Barclaycard correct when they say in their letter that “their rights continue” and that I “will need to continue to pay the debt”?

 

Would Barclaycard still need to send me a Pre-Action Protocol Letter of Claim before commencing any court action for a CCJ?

(I wouldn’t want court action to commence out of the blue one day).

 

Should I make an offer of a small settlement to avoid any chances of court action in case Barclaycard find the CCA and so I can put an end to this matter right now?

 

I do not know how much of the outstanding balance is made up of late charges and interest but it would probably be a large chunk of it.

Barclaycard state in the letter that they are “unable to fulfil my request” for a Statement of Account as this would help clarify what the debt is made up of.

Should I request the monthly statements attributing to the debt to find out?

This may also help if they do “instruct a third party to demand payment” again?

 

It’s almost as if the account has started back up again because they have sent me the “Varied Terms and Conditions” – am I right in thinking this?

 

I would be extremely grateful for any advice on the above and hope I haven’t rambled too much and been too irrelevant.

 

Thank you very much 

 

 

 

Barclaycard for CAG forum.pdf

[dx100uk]

Barclaycard wont do court 

they'll sell the debt on.

 

and with no enforceable CCA to date

this could get interesting.

 

dx

 

[Geestra]

Hi dx,

 

Thank you for seeing my post and replying so quickly!

 

I have seen through other posts here and elsewhere that Barclaycard sell debts to Hoist and that Hoist use Robinson Way to pursue it.

Hoist seem to go to court.

 

So if Barclaycard do find the enforceable CCA, will they inform me first or sell the debt to a DCA like Hoist who don't seem very nice!

If Barclaycard inform me first, it will give me a chance to make them a small offer which they would be more likely to accept than a DCA like Hoist - am I right in thinking like this?

 

Thank you 

 

Gee

 

[dx100uk]

don't ever believe they'll be an enforceable agreement for a 1997 BC card

rarer than hens teeth.

 

looks like in all probability you can say goodbye to this debt..

 

 

[Geestra]

Thank you dx, 

so grateful to you for your help, take care 

 

 

[Geestra]

Hi,

 

I received a letter dated 23 October 2019 from Wescot which I have attached.

 

They also sent me statements from November 2012 - November 2018 but failed to provide a signed true copy of the deed of assignment of the referenced agreement.

 

Should I respond to the letter as Wescot are saying they "believe the dispute has been resolved" which is incorrect as the CCA has not been provided and that "the outstanding balance is due and payable"?

 

Many thanks,

 

Gee

 

 

 

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.dx

 

 

ignore wetcloths

whats this about a deed , where did you get that twaddle from?

[Geestra]

Apologies for that and thank you! 

Corrected post.

 

Hi,

 

I received a letter dated 23 October 2019 from Wescot which I have attached.

 

They also sent me statements from November 2012 - November 2018 but failed to provide a signed true copy of the deed of assignment of the referenced agreement.

 

Should I respond to the letter as Wescot are saying they "believe the dispute has been resolved" which is incorrect as the CCA has not been provided and that "the outstanding balance is due and payable"?

 

Many thanks,

 

Gee

Wescot letter for CAG.pdf

[dx100uk]

who advised you to ask for the deed..not us

[Geestra]

Sorry, I meant the Notice of Assignment! 

 

So should I write to Wescot and if yes, could you please briefly explain what I should respond with?

 

Thank you 

 

Gee

[dx100uk]

I refer you to the bottom post 7...

you ignore wetcloths as you should any dca's

they are NOT BAILIFFS

and have 

ZERO legal powers on ANY debt.

 

dx

 

 

 

[Geestra]

Sorry, I did see that at the bottom of post 7 but I thought it was a joke/signature!

 

As you can tell I am not the sharpest but thank you for responding again and reiterating without getting annoyed!

 

I did gather info from other forums as well as CAG and must have added the "deed" bit in from elsewhere.

I don't know why I did this as once I came across CAG, I saw that it was the only place where there's fully comprehensive, factually accurate information and this led me to post here!

 

I haven't bothered looking elsewhere since and am grateful for all your help!

Gee

[dx100uk]

bang there goes our head exploding again...……..

 

always best not to stray onto sites that follow the freeman of the twaddle, that can be very dangerous.

 

if you look at wetcloths letter...

which I find very funny it says..

 

there is no application available [ you didn't ask for one, but the agreement.] but that doesn't mater...

we've sent you statements.. now cough up...

 

just shows you how childish they are.

 

just be aware that they say their client, so cant do anything, and cant do anything anyway..

 

ignore everyone now

as you've read hoist will be the favourite candidate to buy this

and if you've delved deeper

you'll see they roll out the 620000 crap from their filing cabinet to try and spoof you into them having super powers when they don't.

 

if in the future you get a letter of claimfrom one of their numerous fake/tame paperwork only solicitors

pop back hear and let us know..

 

welcome to CAG.

don't get had...by DCA's or other sites.

 

dx