"Final warning: legal action" - Barclays

[evilcartman]

Re: "Final warning: legal action" - Barclays

Yes, I'm banging this drum yet again. Royal Mail Redirections say my two years of redirections are up tomorrow. I thought it was a week or so later but I've just taken a look again at the letter now. Oops.

So my options are to get back in touch or "wait and see". I know some people have advised the latter but I'm just not comfortable with the possibility of them sending out court papers to my old address, obtaining judgments by default and then tracing me some time down the line. Yes, I can argue that I informed them of the correct address repeatedly and that they are still playing silly buggers, but I'm not confident that the courts wo9uld necessarily find in my favour in these circumstances.

So I think what I'll be doing is raising the issue again with the FSO and meanwhile checking my CRA files at my present address. Barclays use Equifax as their main CRA, don't they?

[evilcartman]

Re: "Final warning: legal action" - Barclays

Hmmm, in that case, I need to rethink tactics.

One of my concerns is that I only have a Co-op Cashminder account now. I'm fine with that, although it would be useful to be able to write a cheque occasionally. I have no particular desire for credit right now, so that doesn't bother me too much either (although I might try to get a low-status card and keep that meticulously clean to build up a future rating). But, as people will know if they've followed the news, the Co-op bank is in a pretty precarious position right now. If it goes kaput, I'll get my money back through the FSCS, but then I'll have the worry of where to get a bank account because of the credit checks. The default will probably also affect my ability to rent a flat in London, which I may possibly do as there are lots of 6 or 12 month contracts in my line of work down there.

So it would be good to clean up my credit file as much as I can. The only items that should be on it are the unenforceable Egg card and this silly overdraft dispute that is somewhat less than a grand.

That's why I'm wondering if it's still worth my while settling, even if I can't get them to agree to drop the default. If satisfying the default makes no difference, then maybe I should stick to my guns and continue the dispute. But as Niddy said in an earlier post, it's unlikely that this is what the OFT would consider a 'genuine' dispute, so presumably there isn't much chance of spinning this out until it's SB anyway?

What about Notices of Correction to the UE Egg and this disputed default? Do they help at all?

[Never-In-Doubt]

Re: "Final warning: legal action" - Barclays

They won't remove it mate and if they (they dca) did there's nothing stopping the bank re-adding it. Remember technically you have two D entries; the settled one from the OC and the replacement (same start date) from the new dca (owner).

personally I'd forget the idea of settling for removal. It won't happen mate. You can hope it ends up with my contacts at 1st as they'd probably take such a deal but most other DCA's are twats - being honest.

[SXGuy]

Re: "Final warning: legal action" - Barclays

Yes offering a settlement on condition of default removal will reset the clock and they don't have to agree to remove anything so it's a tricky one

[evilcartman]

Re: "Final warning: legal action" - Barclays

I can now make an arrangement to settle the Barclays overdraft in full - but I want the default on it to be removed as a condition of this arrangement.


How do I go about making the offer when Barclays refuse to answer emails from me any more and refuse to accept any address I give them without ID (yes, they're still being dicks on that one)?


So I'm wondering if I'm better off approaching the DCA instead? Last I heard, it was Moorcroft, although I havent heard from anyone in a while (and my RM redirection is still in place until September).


The reason I want to get rid of this default is that obviously it started the six-year clock ticking again. My unenforceable Egg card should become statute barred sometime in 2017, whereas having this Barclays thing on my file will keep my file messed up until near enough 2020.


I don't have any requirement for credit but a default on the file causes hassles with other things, such as renting a property. So I don't want that particular blemish on my record, for the sake of around a paltry £850.


The thing is that if I do try to negotiate with them, and it doesn't go well, doesn't that automatically count as "acknowledging the debt", which would reset the six-year clock yet again?

[Never-In-Doubt]

Re: "Final warning: legal action" - Barclays

they'll be chasing shadows for the same amount of years then won't they

[evilcartman]

Re: "Final warning: legal action" - Barclays

how long has this to go to SB

Several years yet.

[SaltnVinegar]

Re: "Final warning: legal action" - Barclays

It's been passed to a new set of clowns, the highly competent Moorcroft.

Their letter does claim the following: "Our client has registered a default against your credit file in relation to this account."

I have not received any default notice - can I challenge this with the credit reference agencies?

Recording a default with the CRA's is a separate action to issuing a default notice under the CCA. You may have grounds though if the date of the default reported to the CRA's is not reflective of the conduct of the account.

[MrsD]

Re: "Final warning: legal action" - Barclays

how long has this to go to SB

[evilcartman]

Re: "Final warning: legal action" - Barclays

It's been passed to a new set of clowns, the highly competent Moorcroft.

Their letter does claim the following: "Our client has registered a default against your credit file in relation to this account."

I have not received any default notice - can I challenge this with the credit reference agencies?

[evilcartman]

Re: "Final warning: legal action" - Barclays

Either send a letter with certificate of posting or send the letter Special Delivery. Recorded delivery is no use as Royal Mail don't bother to get a signature so its hard to prove delivery. Special Deliveries they obtain signatures before because if they haven't delivered it on time Royal Mail has to refund the postage charged.

I do actually have a signature for the recorded delivery to Barclays and it's filed away in the event that they ever do attempt a sneaky CCJ by default at the previous address and I need to get it set aside.

The Royal Mail say that the difference between RD and SD is that the former isn't tracked, so items can get 'lost' in transit (as I found to my cost when sending a pair of tickets to someone), but you do normally get a signature for RD as long as it actually reaches the destination. The point about SD is that there's a better chance of it getting there in the first place, partly because of the price refund as you say and also because they do track it all the way.

[Joanna Connolly]

Re: "Final warning: legal action" - Barclays

Either send a letter with certificate of posting or send the letter Special Delivery. Recorded delivery is no use as Royal Mail don't bother to get a signature so its hard to prove delivery. Special Deliveries they obtain signatures before because if they haven't delivered it on time Royal Mail has to refund the postage charged.

[evilcartman]

Re: "Final warning: legal action" - Barclays

if it's been hanging around since Aug and nothing has happened, I'd just keep on ignoring until you hear again

I agree. I'm just a bit concerned about what happens when I run out of Royal Mail redirection renewals. And do court papers get redirected as well, or is there some rule that they can only go to the address on the envelope?

[MrsD]

Re: "Final warning: legal action" - Barclays

if it's been hanging around since Aug and nothing has happened, I'd just keep on ignoring until you hear again

[evilcartman]

Re: "Final warning: legal action" - Barclays

These morons are still at it.

I've been clearing up the avalanche of takeaway menus and other junk mail from the hallway and it seems that a letter from Barclays (forwarded by Royal Mail from the old address) has been hiding amongst them for a few months. Oops. It's dated August 2013 by them and is a notice of assignment to our old friends "Credit Solutions", also known as "Power2Contact", who I gather are almost as bad as Marlin in terms of bending rules. I've dealt with them in the past and found them to be pretty incompetent though.

This letter is digitally signed by Huw Vaughan, the very same guy to whom I wrote by recorded delivery last year to tell them of my correct address. It's also the same guy who wrote to say that signing digitally was not acceptable... *rolls eyes*

I have found no evidence of any further letters from either Barclays or Credit Solutions, despite my Royal Mail redirection being extended until March 2014. Now these muppets like to send goons to the door, so hopefully the lady who now owns my previous house has sent them packing with a flea in their ear.

But I'd still like to avoid them trying to get a CCJ by default at this address and then trying to enforce it at my new address, which I still think has been the real tactic all along. As you might gather from another thread, I'm also finally back in the world of the working, so I will ultimately be able to settle this debt, although I have some higher priority ones to deal with first.

So... any suggestions? Should I just wait for these muppets to get in touch or should I pre-empt them by sending a copy of the letter I sent to Vaughan? If they then still insist on writing to the old address, I'll then have evidence of informing both parties of the correct address and of them perversely insisting on writing to a known incorrect address.