Barclaycard DCA debt

[FORMISTER]

Hi Guys,

 

A friend of mine defaulted on a barclaycard debt some years back, it was sold to a DCA who in 2016 obtained a CCJ against him.

 

The original debt when defaulted was approx £5k and the CCJ  is for approx £7k.

Now my friend was to make an offer on this debt (*along with a few others) as he has come into a small amount of inheritance, what would be a reasonable offer to make as a settlement?

Many thanks

[BankFodder]

Please fill this out <<<<<

 

I expect that site team member @dx100uk will be along to give you the best advice as to how to approach this

[FORMISTER]

Thank you

[AndyOrch]

Thread moved to Financial Legal Issues Forum.

 

Andy

[dx100uk]

even though its somewhat irrelevant once a CCJ has been issued.....

IMHO I would be sending everyone he is thinking of settling with a CCA request.

 

if they don't hold enforceable paperwork [esp if the debt has been sold to a DCA] then don't pay them a penny!

tell him to go have a holiday with the money.

 

as for the CCJ one.

them not having paperwork might well place him in a stronger position to offer a lower F&F.

 

dx

 

[FORMISTER]

Hi DX, I was helping him with this account before he received the CCJ.

It was an unenforceable CCA, reconstituted circa 1998.

However, he was burying his head in the sand at the time and not opening letters, so he missed the court claim and didn't open the CCJ until about 2 months after receiving it.

 

The issue now is that his long term business  partner has just retired and the business bank account was in his name and not transferable. 

 

He tried to open a business account with Barclays (he banks with them) but they have refused but will reconsider if the CCJ is marked settled.  

 

He tried opening one with Santander but got turned down.  

I have suggested the Natwest Foundation Account to him.

[fkofilee]

For Biz  Accounts, Try Tide / Stirling?

[fkofilee]

Or my Fav - Monzo  - They do Biz Accounts and they make banking accessible to everyone - Even with CIFAS Markers... 

[FORMISTER]

Ok, I will suggest, but back to my question, what is the starting point on what he should be offering as payment on the CCJ debt to the DCA?

[AndyOrch]

Why make any offer...are they chasing ? 

[FORMISTER]

No, they are not chasing, however, he is struggling to get a business bank account that he now needs as his business partner has retired.

 

Barclays told him (where he has a personal account) they will if his CCJ is marked as settled.

 

He tried Santander they refused.

He wants to settle the matter, thats why he wants to make an offer.

[dx100uk]

in one post you say they WILL give a business account

in another you say will reconsider...if the ccj is marked settled....

 

Barclays in my experience won't do this and are only appearing to be amenable so he doesn't remove all his dealing with them permantantly….

 

[AndyOrch]

Any CCJ ...settled /satisfied...just as damaging.....only when it drops off the file after 6 years is it safe to approach the big boys.

[FORMISTER]

Hi Andy, his bank (where he has his personal account at Barclays) told him they would only consider it if the CCJ was marked as settled.

[FORMISTER]

DX, thanks for the advice.  I will ask him again if they said they will or just would consider.

 

I will advise him accordingly, however, if he still wished to offer a settlement regardless of any advise we give him, what should the starting point be?

[dx100uk]

difficult to say

but I bet this is hoist uk [robbersway etc] 

for a card from 1998 I bet there are heeps of old unlawful penalty charges that could knock £100's if not £1000's off and ofcouse a useless Un en agreement anyway.

without all the statement very diff to say.

and ofcourse poss of PPI?

 

 

dx

 

[FORMISTER]

Thanks DX,

I know he has all the original statements etc, I will have a look through them, what the default balance was etc and any spurious charges.