Barclaycard Help Please

[DGJsaver]

Re: Barclaycard Help Please

Some people want the bloody moon on a stick

[Never-In-Doubt]

Re: Barclaycard Help Please

Thanks all, although I was informed that if a CCA is unenforceable then the record should be removed from my file straight away as they cannot persue the debt, is that not correct then? Apologies for my ignorance

No it is not correct! McGuffick v RBS put paid to that. A lender or DCA can report accurate data to the CRA's with or without an agreement. Basically the debt does exist, it simply means the lender/dca cannot enforce the debt in court, without an agreement...

[AJHARPA]

Re: Barclaycard Help Please

Thanks all, although I was informed that if a CCA is unenforceable then the record should be removed from my file straight away as they cannot persue the debt, is that not correct then? Apologies for my ignorance

[Never-In-Doubt]

Re: Barclaycard Help Please

Thanks niddy, at the moment this will black flag my credit rating, at what point will I be able to get it removed from my file?

A

Hiya, as Mrs Dopey stated above, a default lasts 6 years - see this and read down to the default section: ---> viewtopic.php?f=55&t=38

[MrsD]

Re: Barclaycard Help Please

It will drop off your file 6 years (5 if you are in Scotland) after your last payment. Have a wee read around the unenforceability thread, lots of info there.

[AJHARPA]

Re: Barclaycard Help Please

Thanks niddy, at the moment this will black flag my credit rating, at what point will I be able to get it removed from my file?

A

[Never-In-Doubt]

Re: Barclaycard Help Please

After checking your email, I confirm that they never sent a CCA and it is indeed unenforceable.

[Never-In-Doubt]

Re: Barclaycard Help Please

Hello

My barclaycard i belive is unenforcable, it use to be a morgan stanley card until BC tool them over. BC have admitted they do not have my orignal agreement anymore, and after many months of sending letters i finally sent the final response letter and stopped payments, since stopping payments BC have started replying to me and have since come back with a reconstituted copy of the terms and conditions. i then sent the final rtesponse letter again from this website and they have since replied this week still saying it is enforcable and they will be chasing me for the debt. Please advise and help me.

Thanks

A

Hi don't worry, they do not have the original so they cannot take action against you. Put simply, just ignore them. If they happen to sell it though and you get any legal threats, then you respond with this template, attaching a copy of their letter confirming they could not locate the agreement: ---> viewtopic.php?p=20195#p20195

Whatever you do, don't worry ok? It'll be fine, they can and will hassle you - what they cannot do is obtain any formal judgment against you.

[hantsandy]

Re: Barclaycard Help Please

Your welcome, and I am sure Niddy will get back to you in due course. Probably will be later in the day. Try not to worry too much.

[AJHARPA]

Re: Barclaycard Help Please

Thanks Andy i ahve just sent Niddy an email as requested

[AJHARPA]

Hello,
When Barclaycard took over Morgan Stanley's CC i was one of them accounts when i found oout about the unenforcability i thought i would try it on this account and Barclaycard ahve admitted they do not have my original agreement and have since provided me with a reconstitutued version of my terms and conditions. the final response template letter from this site and they have now replied (attached) but are still adamant that this CCA is enforcable. HELP ME PLEASE!!

A