myself and barclaycard

[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

[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!

[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.

[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

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

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.

[davidm]

Re: myself and barclaycard

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

[Shadow2981]

Re: myself and barclaycard

You can email them 14 days after you have checked they received your request (I think email counts) advising that the debt is formal dispute if they dont send CCA within that time.. Saves on postage, and inform them they cannot collect.

If my understanding is correct, they shouldnt be able to record any adverse data on your credit file during this time, but recently my understanding of how this works has proven to be hazy, so someone like Niddy should be able to clarify this... I do believe you need to inform them that it is in dispute though, dont rely on them acting accordingly!

I know I'm getting ahead of things here, but use that time to prepare for both scenarios.. Get a draft email written up and saved, ready to send, and get a response ready just so you need minor editing for if they do respond! Always helps to be organised, and prepared

[oscar]

Re: myself and barclaycard

No point in chasing them for your response after the initial letter has been sent. Just leave it at that until they do respond.

[Shadow2981]

Re: myself and barclaycard

This is no longer the case, not after McGuffick vs RBS where it was established that reporting to the credit reference agencies does not constitute enforcement.

I understand it is not considered enforcement, but shouldn't the "correct" reporting in that case (in order not to breach ICO guidelines) be simply marking it as "UC" until the dispute is resolved? Anything else would surely be an innacurate record?

[Enforcer]

Re: myself and barclaycard

Had 2 of the above default notices from Mercers. Note that are are sent under Section 87(i) and not 87(1) defective and ILLEGAL under CPUTR 2008 as they also include an official notice from OFT. They are clearly intended to cause the average consumer to make a transactional decision that they would otherwise not have made. In simple terms the average consumer may pay Barclaycard instead of priority debts.

Send a copy of this "default" with a letter of complaint to the Office of Fair Trading, this scam is a CRIMINAL ACT and is should result in a fine or imprisonment!

I have already reported this matter, and the more complaints that they receive the greater our chance of stopping them.

[Never-In-Doubt]

Re: myself and barclaycard

CPUTR is non responsive to consumer complaints. We cannot utilise it nor the provisions within it.

In fairness, it's all a joke. I always argue that if a lender has not got an agreement (that shows my agreeing to their external processing of MY data) then they should not be able to add any data to cra's. However mcguffick paved the way for wide scale creditor abuse. It's petty and cos they know they can't beat us they play silly games and add defaults.

Fuck em. Let em add one. We have the last laugh. I'll swap £100k of debt for 10 defaults any day of the week.

But the old way of thinking is defunct. You cannot put an account "in dispute" like the way you describe, for s.78 failings. Yes they cannot enforce but you don't have a right to formally dispute it and the FOS know this and have issued a fact sheet to lenders stating s.78 failings do not constitute a formal dispute.

To clarify a formal dispute is one such as niddy v opus which the FOS found in my favour, was a genuine dispute as it was their fault. They then added a default. I complained having formally disputing it. FOS found for me. £400 cash. £350 knocked off balance plus 0% apr till closure and no cra data allowed to be reported.

THAT was a genuine dispute.

[davidm]

Re: myself and barclaycard

no reply on my cca request as yet

[Pixie]

Re: myself and barclaycard

It's unenforceable until they send your cca.

[davidm]

Re: myself and barclaycard

my account has now been passed to calder financial and they are asking me for a payment offer, BUT i have still no reply to my CCA request from mercers/barclaycard .so should i send the account sold whilst in dispute letter ???