myself and barclaycard

[davidm]

Re: myself and barclaycard

done my CCA request sending tomorrow thanks for the help and advice

[Never-In-Doubt]

Re: myself and barclaycard

I didn't read page 1 tbh

I'll check it out later but if the refund will pay the debt and or leave you even £1 up then yes do a refund

I'm specifically referring to the norm. In so much as a debt of £10k with a £2k reclaim. Go ue route and if they get heavy we can negotiate, use the mis-sale in court, get cca, check DN's/NoA's etc etc

It's a case by case process as no one answer fits but in the norm if the reclaim falls short don't reclaim.

[Shadow2981]

Re: myself and barclaycard

Im my cousins case (who we are claimimg for) the debt will be over on a reduced payment plan long before settlement is reached we are SAR'ing now, while the account is active (finishes in 3 months). In this case they will have nothing to settle against surely..? In some cases i ecpect the claim could quite possibly outweigh the debt, in which case debtor would still end up on top.. With an account as old as the OP, this is still a podsibility surely? Or have i got the wrong end of the stick here?

[Never-In-Doubt]

Re: myself and barclaycard

We always ask for refund. Never set off. It doesn't work like that. I posted detailed info on this last week but in a nutshell if you owe them cash they can and will deduct from balance UNLESS they have sold the rights by absolute assignment in which case as the dca and the bank are not the same and neither do you owe the bank (as they sold ALL rights) they MUST refund you directly.

Ergo I always say get it defaulted with a dca before ever reclaiming. Ask mattya. He's almost £100k up with £100k UE debt

[Shadow2981]

Re: myself and barclaycard

Reason being if you state from the get-go that you are looking for charges to be refunded, and not set off, then you get hard currency.. if it is UE, pay nothing to it, AND get paid.. I didnt think was possible, but ive read posts elsewhere from just last month of BC settling in full for £2800 and paying out, to settle out of court, as that was the original request. They did try to get the debtoe to agree to confidentiality, but she declined their reqiest.

[Shadow2981]

Re: myself and barclaycard

Dont forget, this is Mercers, so it hasn't actually been sold on, just sent to Barclays "Collections" department - they are in-house recovery.. if it was sold on, account would be closed and the amount being recovered would be fixed. By passing to Mercers, they keep the account open, and as such, it is still subject to gaining interest and charges accordingly... (it was Barclaycard who actually told me this)!

I'd go the UE route, and SAR to TRY and get ALL charges (not just 6 years) + interest reimbursed without Set Off. Ive been readin success stories of this, and there is a large success rate with BC on this... at the end of the day, you lose £10 trying and reduce debt if they Set Off... if you win, you stand to make a lot (potentially)... I have had a go with an interest calculator spreadsheet, and a £25 charge this date, but made in 2004 equates to £170'ish if I remember correctly, if the interest is 24.9%... I am new to this myself - so I could waaaaay off the ball here, this is just where my understanding with it lies right now... but if you have had this card for years, it might be worth considering!

[davidm]

Re: myself and barclaycard

I agree, get the default now, in six years it could save a few months before it drops off.. And in six years time, those months could prove valuable... Fuck the bad debts now, and over those six years, just maintain the things on your credit file that you can manage fine (mobile phone bill, bank accounts etc...) So when defaults drop off, you have good credit rather than no credit/adverse credit.

You could advise Barclaycard that you have concerns about the account, and that you are going to request some info in order to investigate yourself, and ask if they could temporarily freeze the account.. If they do it will be goodwill, they dont have to obviously, but dont ask, dont get..

yes i wrote them a letter saying i was confused why they sent my file to a dca when we were arranging a payment plan ,and asked if they could freeze the action until we get sorted .

will send them a cca request as advised thanks

[PlanB]

Re: myself and barclaycard

Why don't you go the UN route with this ?

The UN peacekeeping approach with banks - that's novel

[Shadow2981]

Re: myself and barclaycard

I agree, get the default now, in six years it could save a few months before it drops off.. And in six years time, those months could prove valuable... Fuck the bad debts now, and over those six years, just maintain the things on your credit file that you can manage fine (mobile phone bill, bank accounts etc...) So when defaults drop off, you have good credit rather than no credit/adverse credit.

You could advise Barclaycard that you have concerns about the account, and that you are going to request some info in order to investigate yourself, and ask if they could temporarily freeze the account.. If they do it will be goodwill, they dont have to obviously, but dont ask, dont get..

[MrsD]

Re: myself and barclaycard

and i wouldn'be phoning them because it will ultimately get you no where.
as FP says it's your right to ask for a copy of your CCA,
so you said that you were finding the payments too much, did you actually default? ie not pthe monthly payment in full?

[davidm]

Re: myself and barclaycard

Just been reading your other thread-----> advice on credit card debts

You have nothing to lose by doing a --------> CCA Request

no already got defaults ,im a collector dont you know .shall i wait to see there response or send them one now ???? if they agree to the £20 i can manage that .if i send a cca and its enforcible they wont agree to any payment plan then will they ??

[Deepie]

Re: myself and barclaycard

Just been reading your other thread-----> advice on credit card debts

You have nothing to lose by doing a --------> CCA Request

[davidm]

Re: myself and barclaycard

As the account is pre-2007 I'd say hit them with a CCA request and see what they come back with. There are lots of people here with BCs where Barcraps haven't been able to locate the agreement.

If it turned out to be enforceable then you could try to reclaim charges, however if it's UE why bother?

Barcraps are not the sharpest tool in the box - I have accounts with them yet I've never heard anything abou my Egg card not paid since Jan 2010!

UE = unenforceable

ive just wrote a letter asking why they have done this, as i asked for help ,will see what the reply is ,if they default me i will go the ue route,or take shadows advice

[Shadow2981]

Re: myself and barclaycard

UE is unenforceable... But if you haven't been defaulted, you will be.. You might find charges set off against the balance may make the balance more affordable, so you can pay off and settle witbout being crippled by a default if you dont have any presently...

Do you have an android phone? There are lots of apps that can record calls... total recall is a goodun

[davidm]

Re: myself and barclaycard

Oh, also, you're right, they are useless on the phone.. UNLESS you phone their Customer Relations department.. I can get the number off my cousin if you'd like? Record the call though. They are UK based, open during office hours only, but you get a speedy turn around through them... Let me know if you want it, and ill find it out...

got no way of recording the call