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  • #1

    Hi everyone hope im in right place

    I'm new to all this so bear with me please not sure what to do next have a few debts but most are being paid something one b/card has been sold on again debt collection said may send to solicitors in 10 days without notice then got letter from there solicitors saying unless acceptable payments are agreed in next 10 days we are instructed to start court proceedings I sent letter to debt collections and asked for disclosure of the following documents in accordance with pre -Action protocol

    Received letter back asking for me to forward £1 for CCA Request with in 14 days or may result in account being referred to solicitor and may be instructed to take court action my problem is this has been going round in circles had about 3 different terms condition or agreement what ever they decide to call them so what do I do go with unenforceable or S/B
    Thank you in advance
    Tags: account, action, card, cca, cca request, collection, collections, court, court action, debt, debt collection, debt collections, debts, documents, help, information, letter, paid, payments, solicitors, stop, template, thank you, unenforceability, unenforceable
  • #2
    Re: Hi everyone hope im in right place

    Hi and welcome to AAD. Have you sent CCA requests with £1 for these debts? If not I would do so. When did this account start? We need more information before we can advise you.

    I would start a thread in the unenforceable diaries and read here http://forums.all-about-debt.co.uk/s...-Read-me-First! This way you can get help relevant to each account.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: Hi everyone hope im in right place

      Hi and welcome to AAD, your Welcome Thread is here---> http://forums.all-about-debt.co.uk/s...156#post574156

      As Cym says I would send a CCA request to Barclaycard ( the template is in our free template section - tab at the top of the page), send a £1 PO and sign digitally using a handwriting font.

      I'm a little confused with you saying
      so what do I do go with unenforceable or S/B
      A debt can't become SB while you're still paying.

      Could you give us details of your other debts? Use a new ppost for each debt and set out as shown here
      Let your smile change the world but don't let the world change your smile

      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

      Comment

      • #4
        Re: Hi everyone hope im in right place

        sorry to confuse pixie not paid for 6 years card is about 25 to 30 years old i did send to Barclaycard for cca its just been past around different debt collection so I worry what they will do with £1 its the 1st one to ask for £1 since Barclays was paid for Sar and cca hope this helps you understand a little more thanks for your reply think I need to go to right thread for this opps

        Comment

        • #5
          Re: Hi everyone hope im in right place

          thank you cymruambyth yes sent request to Barclay at the very start I will do what you advise and go to unenforceable thank you

          Comment

          • #6
            Re: Hi everyone hope im in right place

            Always helpful if you stop paying also good luck . By SB did you mean statute barred? as Pixie said nothing is SB whilst you are still paying because you are acknowledging the debt .x
            if you do it today and you like it you can always do it again tomorrow

            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Hi everyone hope im in right place

              Hi nanna 58 I'm confusing my self now yes statute barred not paid anything for 6yrs

              Comment

              • #8
                Re: Hi everyone hope im in right place

                Originally posted by nowpennywise View Post
                I'm new to all this so bear with me please not sure what to do next have a few debts but most are being paid something one b/card has been sold on again debt collection said may send to solicitors in 10 days without notice then got letter from there solicitors saying unless acceptable payments are agreed in next 10 days we are instructed to start court proceedings I sent letter to debt collections and asked for disclosure of the following documents in accordance with pre -Action protocol
                What documents did you ask for?
                Originally posted by nowpennywise View Post
                Received letter back asking for me to forward £1 for CCA Request with in 14 days or may result in account being referred to solicitor and may be instructed to take court action
                What letter did you send asking for documents? Requests under the CPRs or pre-action protocols do not require a £1 fee and they should still comply with your request. The request under s.78 of the CCA is a separate letter which requires the £1 fee.
                Originally posted by nowpennywise View Post
                my problem is this has been going round in circles had about 3 different terms condition or agreement what ever they decide to call them so what do I do go with unenforceable or S/B
                Thank you in advance
                Statute barred is much better than unenforceable arguments because it's an absolute defence, even with a fully enforceable agreement. Whether your account is statute barred or not depends on when you last made a payment towards this account, even a £1 token counts. Any idea when you last paid anything, to Barclaycard or anyone else dealing with the account?

                Originally posted by nowpennywise View Post
                sorry to confuse pixie not paid for 6 years card is about 25 to 30 years old
                Could you have taken it out before 1985?
                Originally posted by nowpennywise View Post
                i did send to Barclaycard for cca its just been past around different debt collection so I worry what they will do with £1 its the 1st one to ask for £1 since Barclays was paid for Sar and cca hope this helps you understand a little more thanks for your reply think I need to go to right thread for this opps
                Who is the current owner of the account? MKDP? If so, it should be them you send the CCA request to, if you are going to send a fresh one, otherwise you'd just tell them that Barclays failed to comply with your request. There's no need to worry about what they may do with the £1 fee. If you have a copy of your request letter and proof of posting, even if they credited the £1 to the account, you would be able to show that wasn't a payment into the account but the fee. Also if the account is already statute barred, it cannot be un-barred by making a payment.
                Originally posted by nowpennywise View Post
                Hi nanna 58 I'm confusing my self now yes statute barred not paid anything for 6yrs
                All this CCA stuff would be rather academic if the debt was statute barred. You mention a SAR, if you sent one, the statements should show you when your last paid. When was that?

                Comment

                • #9
                  Re: Hi everyone hope im in right place

                  Originally Posted by nowpennywise I'm new to all this so bear with me please not sure what to do next have a few debts but most are being paid something one b/card has been sold on again debt collection said may send to solicitors in 10 days without notice then got letter from there solicitors saying unless acceptable payments are agreed in next 10 days we are instructed to start court proceedings I sent letter to debt collections and asked for disclosure of the following documents in accordance with pre -Action protocol

                  What documents did you ask for?

                  Pre -Action protocol practice direction 16 (c) maybe iv ask for wrong one ??


                  Originally Posted by nowpennywise
                  Received letter back asking for me to forward £1 for CCA Request with in 14 days or may result in account being referred to solicitor and may be instructed to take court action



                  What letter did you send asking for documents? Requests under the CPRs or pre-action protocols do not require a £1 fee and they should still comply with your request. The request under s.78 of the CCA is a separate letter which requires the £1 fee.


                  Originally Posted by nowpennywise
                  my problem is this has been going round in circles had about 3 different terms condition or agreement what ever they decide to call them so what do I do go with unenforceable or S/B
                  Thank you in advance



                  Statute barred is much better than unenforceable arguments because it's an absolute defence, even with a fully enforceable agreement. Whether your account is statute barred or not depends on when you last made a payment towards this account, even a £1 token counts

                  . Any idea when you last paid anything, to Barclaycard or anyone else dealing with the account?

                  June 210




                  Originally Posted by nowpennywise
                  sorry to confuse pixie not paid for 6 years card is about 25 to 30 years old





                  Could you have taken it out before 1985?

                  Not sure ??


                  Originally Posted by nowpennywise
                  i did send to Barclaycard for cca its just been past around different debt collection so I worry what they will do with £1 its the 1st one to ask for £1 since Barclays was paid for Sar and cca hope this helps you understand a little more thanks for your reply think I need to go to right thread for this opps



                  Who is the current owner of the account? MKDP? If so, it should be them you send the CCA request to, if you are going to send a fresh one, otherwise you'd just tell them that Barclays failed to comply with your request. There's no need to worry about what they may do with the £1 fee. If you have a copy of your request letter and proof of posting, even if they credited the £1 to the account, you would be able to show that wasn't a payment into the account but the fee. Also if the account is already statute barred, it cannot be un-barred by making a payment.



                  Originally Posted by nowpennywise
                  Hi nanna 58 I'm confusing my self now yes statute barred not paid anything for 6yrs





                  All this CCA stuff would be rather academic if the debt was statute barred. You mention a SAR, if you sent one, the statements should show you when your last paid. When was that?

                  sent for SAR before last payment was made but got bank statements and the last cheque stub I sent to them thank you for your time on this hope I have not missed anything out when I post it back to you

                  Comment

                  • #10
                    Re: Hi everyone hope im in right place

                    One other point, have you ever checked your credit record? If so do you know when any default was registered (don't check if you don't know!) I only ask because some DCAs are playing games over date of statute barred. However ad you say it is over 6 months so should be SB which is its own defence, Fingers crossed and good luck.
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment

                    • #11
                      Re: Hi everyone hope im in right place

                      Hi cymruambyth that's were I'm back to UE OR S/B thank you for your help

                      Comment

                      • #12
                        Re: Hi everyone hope im in right place

                        Originally posted by cymruambyth View Post
                        One other point, have you ever checked your credit record? If so do you know when any default was registered (don't check if you don't know!) I only ask because some DCAs are playing games over date of statute barred. However ad you say it is over 6 months so should be SB which is its own defence, Fingers crossed and good luck.
                        The default date on credit records is not relevant. The Limitation Act refers to 6 years from the cause of action and that could never be recording a default. Credit reporting isn't even a legal obligation and everything surrounding it is just guidelines rather than law.

                        The legal arguments have related to the date when a default notice was issued which is a requirement under the CCA. Some banks have been known to take as long as six months to issue one.

                        Comment

                        • #13
                          Re: Hi everyone hope im in right place

                          Originally posted by nowpennywise View Post
                          Hi cymruambyth that's were I'm back to UE OR S/B thank you for your help
                          If you've not paid since June 2010 it should be SBd, however, given the arguments already mentioned, it's a good idea to buy yourself some time by playing the UE card for a while rather than telling them it's SB, which may prompt them to issue a claim in the hope of beating the clock. If they issued a claim now, you would probably be able to defend it using SBd but your chances of success would be much more guaranteed next year, if you see what I mean.

                          I've been playing this game with Cabot who contacted me in January, my records show last payment towards the card in Dec 2009 but I've not told them it's SBd, just sent the usual CCA request to keep them busy while the clock ticks. That way, by the time they decide to issue a claim, it will be well and truly SBd.

                          Comment

                          • #14
                            Re: Hi everyone hope im in right place

                            I hope I'm not confusing you even more pennywise but did you receive a default notice and have you kept it?
                            Let your smile change the world but don't let the world change your smile

                            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                            Comment

                            • #15
                              Re: Hi everyone hope im in right place

                              Hi pixie yes one was from mercers by letter saying default notice served under section 87(1)of the consumer credit act 1974 in June 2010 then Barclays added one to file don't know which one counts as 1st one i will have to start a dairy at weekend I have so much paper work don't know were to start 1st been filed to suitcase even got little calling card thanks again

                              Comment

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