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  • #1

    Barclaycard Help Please

    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
    Tags: action, admitted, banks, barclaycard, barclays, cca, chasing, court, cra, credit, credit rating, data, date, dca, debt, debts, default, default notice, email, fine, firm, hassle, hbos, help, legal, letter, letters, lost, mercers, niddy, no cca, online, overdraft, payments, phone, prescribed terms, rating, rbs, template, terms and conditions, threats, unenforceable, useless, website
  • #2
    Re: Barclaycard Help Please

    Thanks Andy i ahve just sent Niddy an email as requested

    Comment

    • #3
      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.

      Comment

      • #4
        Re: Barclaycard Help Please

        Originally posted by AJHARPA
        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.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

        • #5
          Re: Barclaycard Help Please

          After checking your email, I confirm that they never sent a CCA and it is indeed unenforceable.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #6
            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

            Comment

            • #7
              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.

              Comment

              • #8
                Re: Barclaycard Help Please

                Originally posted by AJHARPA
                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
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment

                • #9
                  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

                  Comment

                  • #10
                    Re: Barclaycard Help Please

                    Originally posted by AJHARPA
                    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...
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

                    • #11
                      Re: Barclaycard Help Please

                      Some people want the bloody moon on a stick

                      Comment

                      • #12
                        Re: Barclaycard Help Please

                        Originally posted by DGJsaver
                        Some people want the bloody moon on a stick
                        Shhh, I sell those for £15.75 + VAT mate y y
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment

                        • #13
                          Re: Barclaycard Help Please

                          Hiya

                          you're emailing me stuff but not saying who you are or updating this? You can't just send me an agreement to check especially all blanked out - its useless to me, sorry!

                          Read this and please do as I ask then I will assist: ---> viewtopic.php?p=6789#p6789
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                          Comment

                          • #14
                            Re: Barclaycard Help Please

                            apologies Niddy, new to all this but will get it right. appreciate your help so far.
                            Ok in answer to what you require please see below. I will get a non blanked out CCA over to you ASAP

                            Type of account - credit card
                            Date commenced - December 2003
                            Approx balance - £12k
                            Date last paid - about 2 years ago, min payment ever since
                            Are you on arrangement or not paying - NO
                            Status - up-to-date
                            Account owner - Halifax

                            Comment

                            • #15
                              Re: Barclaycard Help Please

                              Also when it comes to Barclaycard

                              Oct: Niddy confirms UE
                              OCT/Nov: Receive automated call twice a day from Barclaycard

                              Comment

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