No CCA From Barclaycard

[NEED]

I have recently come across your site (which is great) and hope you can help me.

I had a credit card with Egg which was sold to Barclaycard. I owe £870 on the account. I requested a CCA in January 2012 and only received a response in May sending me their T&C's of Eggcard. I responsed by asking for a valid CCA again, stating they they were in breach for failing to provide the CCA as well as failure to respond timely (12+2+30 day law) and hence Uneforcable.

They have since replied agreeing that although they do not have the CCA and unenforceable, they still wish to pursue the debt. They have quoted Philip McGuffick v RBS and Carey v HSBC cases in relation pursing the debt.

My wish to have the account closed and all information removed from the credit reference agencies. I do not wish to go to court with this matter and hope to find a way to settle issues. I am willing to pay a small fraction of the £870 owed and file complaints with the Ombudman and OFT.

Is there any template response I could use to fight this or can anyone offer any advice in the matter?

Regards

[Deepie]

Re: No CCA From Barclaycard

Hi & Welcome

Are you still paying this ?

[NEED]

Re: No CCA From Barclaycard

No, I have not paid any funds to Barclaycard. I last made payment to Egg last year in Sept 2011.

[Deepie]

Re: No CCA From Barclaycard

Have a look here----------> Creditor Offer Templates

[Deepie]

Re: No CCA From Barclaycard

I Don't think it will work..........The default will stay as it is a true reflection of the way you have run your account.

[NEED]

Re: No CCA From Barclaycard

Would making an offer of full settlement be a sign of admission?
What would constitute a reasonable amount that could be accepted in my case, £100? More or Less?

If I possibly still wish to fight the matter, what could be my next steps? It would be nice to have it written off, but don't wish to fight the matter in Court.

Rgrds

[Deepie]

Re: No CCA From Barclaycard

I personally think you're wasting your time fighting this the debt will never be written off .

[SaltnVinegar]

Re: No CCA From Barclaycard

As they have stated, they are still able to request the 'debt' be repaid, but they cannot enforce it in court. If they have already issued a default then in some way they have done you a favour as long as you don't make a payment towards the debt as the default will drop off your file and the debt will become SB. Until the account is not UE they have pretty much done the worst they can to you already.

Be careful with F&F offers, as on many occasions the balance is sold to a DCA who then pursue the balance. Not to say it won't work, but needs to be done correctly.

As they have admitted the account is UE, they can ask for the debt to be paid, and you can politely refuse until they fulfil their obligations.

Best
SnV

[NEED]

Re: No CCA From Barclaycard

Thank you for the responses and honesty.

They have already issued a default on the account. If I choose to make a F&F offer, can I request for the default to be removed? If it cannot be removed, will I be in a worse off position in 6years time if I do not pay the debt off THAN if i do pay it, when its becomes SB?

I am sorry for all the questions, I am trying to find best solution out of this and a bit overwhelmed by it all.

[Never-In-Doubt]

Re: No CCA From Barclaycard

Thank you for the responses and honesty.

They have already issued a default on the account. If I choose to make a F&F offer, can I request for the default to be removed? If it cannot be removed, will I be in a worse off position in 6years time if I do not pay the debt off THAN if i do pay it, when its becomes SB?

I am sorry for all the questions, I am trying to find best solution out of this and a bit overwhelmed by it all.

As a result of McGuffick v RBS they will not remove the default entry as it was a true reflection of how the account was handled & run.

As they have agreed this is UE they cannot enforce it meaning you will never have to pay this back; consider it this way - if I said to you now, for each default on your credit file if you pay me £800 each I'll get them wiped - what would you say to me?

I would not pay this nor would I contact them again - it is confirmed UE - well done

[Never-In-Doubt]

Re: No CCA From Barclaycard

They have already issued a default on the account.

Brilliant - can you confirm the actual default date according to the CRA record?

If I choose to make a F&F offer, can I request for the default to be removed?

You can ask - but they will decline based on McGuffick v RBS which made clear, it was a true reflection on the conduct of the account, regardless of whether it is legally enforceable or not. Shitty Flaux

See here --> allaboutFORUMS

If it cannot be removed

It is unlikely plus it may not affect you anyway if it is 3+ years old as most lenders only search back 3 years anyway.

will I be in a worse off position in 6years time if I do not pay the debt off THAN if i do pay it

Of course not. After the default hits 6yrs then the entry will vanish from your CRA file forever. After 6yrs from last payment it'll be statute barred as well.

when its becomes SB?

6 years from date of last payment or direct acknowledgement/

Hope the above helps.... questions?

[NEED]

Re: No CCA From Barclaycard

It really helps, weight lifted! The default was registered in August 2011.

Lastly, My Credit Rating. Will the Default affect my rating after 3years, if Yes, will it be the same after 6yrs SB?

Im not in a position to buy a house now, but hope to have a sizeable deposit in 3-4years and hope this doesn't have a significant impact.

[Never-In-Doubt]

Re: No CCA From Barclaycard

It really helps, weight lifted! The default was registered in August 2011.

Lastly, My Credit Rating. Will the Default affect my rating after 3years, if Yes, will it be the same after 6yrs SB?

Im not in a position to buy a house now, but hope to have a sizeable deposit in 3-4years and hope this doesn't have a significant impact.

Ok, a mortgage - that's different. You would struggle as they go back a full 6 years and really investigate your previous and current credit, for obvious reasons really (see the current climate )

That said, for normal credit, in September 2014 you could apply to most banks and get treated like anyone else, as though there was no default BUT only if you don't have other late payments or adverse entries.

remember you only get one default per life-cycle of debt so this one debt can have only one default which was set at 08/11 meaning in 09/17 it'll be gone forever, paid or not.

[NEED]

Re: No CCA From Barclaycard

I have been schooled and I truly appreciate it. Many thanks

[still looking]

Re: No CCA From Barclaycard

Just a thicky question

I have two barclaycard agreements with Crabot, no CCA on one and a dodgy reconstructed screen shot of various T&C's which NIDDY as said are UE>

Now Barclays defaulted me and sold to Crapbot, now Crapbot have also defaulted me so if they sell it on again in say three years time and another pond-life defaults it you could have a dodgy credit rating till you die. !!!!!!!!!!