Barclayloan - Unenforceable?

[EmmaD1983]

• Type of Account Barclayloan Plus
• Date Commenced April 2006
• Approx Balance £3000
• Date last paid 5th September 2022
• Are you on an arrangement or not paying Paying £5 per month to BCW since Nov 2013 (prior to this was paying Barclays directly)
• Status Removed from credit report
• Account owner Barclays

Hello

I had a Barclayloan which went into default back in approx 2008.

I have been paying back £5 a month to Buchanan Clark and Wells since the loan was passed over to them in November 2013. Prior to this i had been paying Barclays directly every month.

I received a letter from Barclays back on 12th November 2020 (copy attached) stating that my loan wasn't enforceable. Now, I know it sounds ridiculous that i just continued to pay them even after i had received this letter, but i at the time i wasnt entirely sure what it meant, plus it had mentioned that although the loan was unenforceable, it was still a debt that i owed Barclays. So i (probably naively) just continued to pay the £5 per month to the BCW.

I just wondered if someone could have a look at this letter just to reassure me that if i stop paying the £5 per month, they wont/cant do anything further about it.

Thanks in advance!

[Roger]

I think you should contact Colin G Quinn with your Barclaycard letter

His email and phone is a follows
"..
Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

[EmmaD1983]

I think you should contact Colin G Quinn with your Barclaycard letter

His email and phone is a follows
"..
Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

Thanks Roger, done!

[Colin G Quinn]

Hi,

I have seen your private message. There is a clear unequivocal admission here that any agreement you previously entered into is unenforceable (how refreshing to see such honesty). Therefore, any payments you make to the account in question are entirely discretionary on your part. It is not said the agreement is temporarily unenforceable. It is categoric that it is not enforceable.

Therefore, whether you continue to make payments is entirely up to you. I cannot advise you not to make payments should you so wish.

[EmmaD1983]

Hi,

I have seen your private message. There is a clear unequivocal admission here that any agreement you previously entered into is unenforceable (how refreshing to see such honesty). Therefore, any payments you make to the account in question are entirely discretionary on your part. It is not said the agreement is temporarily unenforceable. It is categoric that it is not enforceable.

Therefore, whether you continue to make payments is entirely up to you. I cannot advise you not to make payments should you so wish.

Thank you Colin!

So would it be correct that if I stop making payments, they or the DCA might continue to contact me to try and request I pay them, but they wouldn’t be able to enforce anything/take me to court if I just ignore them?

As you say they don’t mention in their letter that it is temporarily unenforceable, therefore I take it they can’t at any point change their mind on this?

Thank you for your help

[Still Waving]

Hi

As they have said, the debt still exists even though it cannot be enforced in law. They are entitled to ask you to pay (and no doubt they will if you stop paying - which is what I would do), but that is all. You should keep that letter safe, as it could stop any future attempt at litigation in its tracks.

By the way, can I suggest that you keep all your outstanding accounts on a single diary thread, rather than starting a new thread for each. It's much tidier.

[nightwatch]

hi,

Well thats £5 a month you can put in the holiday fund.
Colin cannot say if you should stop payment or not, but I can,

STOP THE PAYMENT.

They have said they will not take you to court if you stop payment, They can ask for one , but you do not have to pay anything.

I take it this is no longer on your Credit file?

NW xx

[The Tech Clerk]

agree there nightwatch, better their pocket than some unearned company income/

[EmmaD1983]

Hi

As they have said, the debt still exists even though it cannot be enforced in law. They are entitled to ask you to pay (and no doubt they will if you stop paying - which is what I would do), but that is all. You should keep that letter safe, as it could stop any future attempt at litigation in its tracks.

By the way, can I suggest that you keep all your outstanding accounts on a single diary thread, rather than starting a new thread for each. It's much tidier.

Thank you!

I will keep hold of the letter just in case it’s ever needed

Could I just ask what you mean when you say about keeping all my outstanding accounts on a single diary thread? Sorry I’m new to this and thought I had to do two separate posts under different threads, as they related to different things.

[EmmaD1983]

hi,

Well thats £5 a month you can put in the holiday fund.
Colin cannot say if you should stop payment or not, but I can,

STOP THE PAYMENT.

They have said they will not take you to court if you stop payment, They can ask for one , but you do not have to pay anything.

I take it this is no longer on your Credit file?

NW xx

Ha ha to be honest I’m annoyed with myself for paying it for the last 30+ months but I’m so glad I came across this website, otherwise who knows how long I would have ended up paying them!

I am going to stop the payment as of now, and will see if I hear anything at all. It’s reassuring to know that even if they ask me to pay it, they can’t actually do anything if I don’t!

Yes that’s correct, it was removed from my credit file some years ago now, at a guess I think around 2014! But thought I was better off paying it to avoid them taking any action

[Still Waving]

Look, if you browse a few of other people's diaries in the Unenforceability Diaries sub forum you will see what I mean. Detailing all of one's outstanding account helps others to appreciate the overall situation, and suggestions can be better tailored to suit the individual.

[EmmaD1983]

Look, if you browse a few of other people's diaries in the Unenforceability Diaries sub forum you will see what I mean. Detailing all of one's outstanding account helps others to appreciate the overall situation, and suggestions can be better tailored to suit the individual.

Fab thank you! I will do that asap

[Pat]

I would make sure you keep hold of that letter. Once you stop paying, Barclays might sell the account and not tell the new owners it is unenforceable. They might then chance their arm.

[EmmaD1983]

I would make sure you keep hold of that letter. Once you stop paying, Barclays might sell the account and not tell the new owners it is unenforceable. They might then chance their arm.

Most definitely will do! Thank you

[EmmaD1983]

I have now set up a diary for this under the unenforceable diaries thread