Dadof2's Diary

[Dadof2]

This is in respect of a Barclaycard account with a balance of approximately £9000. The account was originally opened in April 2010, (with Egg, whom Barclays took over in 2011.) In February 2014, I entered into a repayment plan with Barclaycard to pay off the balance at a rate of £200/mth in return for a freeze on charges and interest. They abided by this for three months until suddenly reverting the account back to a punitive interest rate which sees £148 of every payment swallowed up as interest. At the very least, I plan to stop paying them anything until they sell the debt on to a DCA who will hopefully prove easier to deal with.

However, if there's a chance the debt is unenforceable...

Here's the progress so far.

Blue for my action
Red for Barclaycard
Black for other actions

26/06/14 Sent letter asking for original agreement to Barclaycard
08/07 Receive an unsigned 'reconstituted' agreement from BC
22/07 Send documents to Niddy for checking

UPDATE:
26/07 Reply from Niddy. No agreement in the documents, so This is unexpected and good news, as I my hopes on this had been dashed somewhat! Time to dig out and send off the Missing Prescribed Terms letter! Of course, it could all come crashing down again if they manage to produce the PTs, but so far, we live to fight another day!

29/07 Sent Missing PTs letter to Barclaycard. And now we wait...

Apologies for the delay. There have been developments, but has been difficult to find the time to post an update. The upshot is, I'm starting to seriously think Barclays don't have the necessary paperwork to make the agreement enforceable...

03/08 Reply from Barclays with a printed out application form. Contains my personal details, correct at the time the application was made, but again, NO prescribed terms. The accompanying letter is two lines long, saying simply please find the documents you requested. Err, hate to tell you guys, these aren't the documents I requested.

Investigating next steps. Will be back soon, this time, I promise.

[nightwatch]

Re: Dadof2's Diary

Hi Do2
when was this taken out please,
Barclays are good at reconstitution's but not always with original ones,

if you look at my diary we got all sorts back of them but they are all UE, the loan has been lost in the mists of time and may never surface again

[Dadof2]

Re: Dadof2's Diary

Aagh! I meant to put the date the original Egg account was opened - April 2010. Much later than I thought unfortunately. I recall having an Egg card back in 2004 or thereabouts, but I may have balance transferred away from them, only to have balanced transferred back in 2010!

Edited the OP now.

[MrsD]

Re: Dadof2's Diary

it's probably too late for UE to be effective but never say die. If you have sent off the paperwork you received to Niddy, let's see what that turns up.

Is this your only debt?

[Dadof2]

Re: Dadof2's Diary

I have another credit card debt, but MBNA for the moment are being cool about the repayment plan, so I won't rock their boat for now!

Just supposing Barclaycard don't/can't produce a signed copy of the agreement - what then?

[MrsD]

Re: Dadof2's Diary

you need to have a good read through here
http://forums.all-about-debt.co.uk/s...enforceability

pursuing UE with a younger debt isn't easy but you still have options

wait and see what Nids says then we'll go from there

you need to decide what you want to do, we'll help but it has to be your informed decision, you should perhaps read a couple of the older UE diaries, very informative

[SXGuy]

Re: Dadof2's Diary

They do not have to send you a signed agreement if you took it out after April 2007. There can always be flaws in the agreement to make it unenforceable. But an actual signature is not a valid reason, because the law changed surrounding this long before you took the card out.

Wait and see what Niddy says about the actual recon.

[Dadof2]

Re: Dadof2's Diary

Been waaaaaayy too long, but I've updated my OP with the latest. Barclays responding with some fairly wimpy jabs at the moment, but not letting my guard down against the possibility they're waiting to land a haymaker. Right now though, I think I'm ahead on points.

[IF]

Re: Dadof2's Diary

Hi, just checking if all is OK?

Best wishes
IF

[Dadof2]

Re: Dadof2's Diary

Hi IF!

Yes, all good thanks. It went quiet from Barclays for a long time then a couple of weeks ago I had a phone call from a company called First Credit asking if I'd received their letter. I hadn't. Later that day when the post eventually arrived, there was a letter from Barclays letting me know they'd sold the debt to First Credit, and the letter from First Credit saying they now owned the debt and would I mind paying.

I wrote to them straight away, telling them that Barclays shouldn't have sold them the debt as the account is in dispute over their failure to provide me with the Prescribed Terms despite my requests. I also withdrew my consent for them to contact me via any means other than in writing, and forbidding them to call at my house. The following day they texted me asking me to give them a call, which I did. I repeated what I told them in the letter, and said they were welcome to contact Barclays themselves to find these missing PTs.

Today, I've received First Credit's letter - two in fact- one offering an 'affordable repayment plan' and the other requesting I send them copies of the correspondence I've had with Barclays to help them investigate. Interestingly, the tone of both letters is quite conciliatory rather than sinister as per their first letter.

The question I have now is: the responses I had from Barclays both claimed that they had provided me with all the documentation they are legally obliged to provide in response to a CCA request. They certainly don't admit to not having the Prescribed Terms. Therefore, should I comply with First Credit's request and send them the correspondence whilst reiterating that without the PTs the account is unenforceable? Or should I just write and tell them that they should get what they need from Barclays and that I will only engage with them on production of the missing PTs?

Any advice very welcome!

[IF]

Re: Dadof2's Diary

I'm pleased you are OK

Re your question, I'm not a 100% sure so I've flagged up your post for help.

IF

[cymruambyth]

Re: Dadof2's Diary

I would be tempted to suggest that as they have purchased the account they should also have purchased all the paperwork. Why do their job for them?
but check on others opinion.

[nightwatch]

Re: Dadof2's Diary

think I would be tempted to send a new CCA to First and start the ball rolling again xx