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  • Compo letter from Barclays - is it a trap?

    Hi folks, long time no see.

    I have received a letter out of the blue from Barclaycard offering me £75, as long as I give details of my current bank account in the pre-paid envelope within 30 days of the date of the letter (dated 7 Feb 2020).

    For a little background, I had an old credit card debt with Egg that Niddy had confirmed was unenforceable. Although Egg never admitted the card was unenforceable, they could not provide a valid enforceable agreement and I had sent Niddy's standard letters to deal with that. I heard nothing more from Egg - but then all their accounts were sold to Barclaycard. At the time I had a current account with Barclays. One day, I received a letter from Barclaycard saying they had taken a couple of grand out of my Barclays current account to offset the credit card debt, which cleaned out my current account. I remember the day well, as I was in shock and hyperventilating when I read it.

    I phoned Barclaycard at the time, telling them that I was recording the call and threatened to go to court as the debt was clearly in dispute. It must have worked, as the woman on the line agreed to refund the money although I was told it was an automated process and would happen again if there was a credit balance in the account. I told Niddy about this at the time and he told me I was extremely lucky to have got the money back (I should, of course, have switched banks as soon as Barclaycard took over Egg as banks do have the power to offset funds within their group). I then immediately opened up a credit union account and a new basic current account with another bank.

    Eventually, the six years since the card default notice elapsed and the debt became statute barred. It has been off my credit file for a few years now.

    Barclaycard have now written to me to offer £75 as compensation for the "inconvenience" of the removal of the money from my Barclays account all those years ago, as they had not given me advance notice. I presume there has been some directive from the FOS for them to do this in all such cases.

    I just want to know if it's safe to accept the £75 - or could it have some nasty repercussions like restarting the clock on the old debt? I presume that once a debt has been statute barred, that is the end of the matter, but I thought I had better check with the wise heads on this forum first.

    Thanks.

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  • #2
    Hi, nice to hear from you.

    All banks are doing this, I had notice from Nationwide that they were checking my account to see if I am owed compo for not being told of intrest charges.

    I also did a reclaim of charges for being miss-sold a packaged bank account with RBS. got 2.500 back, I was worried at the time as we had a CC with them, which they have never sold on, not paid it for 8, they just keep sending a statement every month. the bank phoned me to ask some questions they asked about the CC, I just said it was SB and not in my name. they said ok and sent me the money.

    was the card in question sold on to a DCA? if so Barclays no longer own it so shouldn't be able to take it any further.
    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
      Hi nightwatch, it got passed to a couple of DCAs but I was easily able to fend them off by telling them that they had nothing and that I knew it (in words to that effect) and they just gave up. I started monitoring the credit reference agencies as the time for statute barring approached and it fell off the CRAs not long after the six years since the default were up. I've not heard a sausage out of them since then.

      I'm not sure that it was sold to a DCA, though, as in correspondence the DCAs did say they were acting on instruction from Barclaycard.
      Last edited by evilcartman; 22nd February 2020, 18:05.

      Comment


      • #4
        As they are offering money back I would be tempted to go for it, if you are sure it is SB.

        but this is only my opinion, what does the form you have to fill in want to know?
        if it is just your bank details go ahead, as they will need them to pay you.
        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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        • #5
          I can't see any reason why it wouldn't be SB. The default was issued in July 2011 and it wasn't showing on any of the big three CRAs after August 2017.

          Comment


          • #6
            Originally posted by evilcartman View Post
            I can't see any reason why it wouldn't be SB. The default was issued in July 2011 and it wasn't showing on any of the big three CRAs after August 2017.
            ".. Egg never admitted the card was unenforceable, they could not provide a valid enforceable agreement .."
            "..[refund] ..the woman on the line agreed to refund the money.."
            No valid enforceable agreement AND refund of money AND default 2011 AND nolonger CRA after 2017.

            If you reply without mentioning anything other than supplying a non Barclays Bank and account number (no question of setting monies off) why not bank the money!

            Comment


            • #7
              Yes, fair enough. I thought I should be safe but I was being cautious (maybe even paranoid ), so I thought I'd check with the wise heads here just to be certain that it wouldn't somehow inadvertently count as acknowledging the debt.

              Comment


              • #8
                Originally posted by evilcartman View Post
                Yes, fair enough. I thought I should be safe but I was being cautious (maybe even paranoid ), so I thought I'd check with the wise heads here just to be certain that it wouldn't somehow inadvertently count as acknowledging the debt.
                Don't mention anything!

                Just in reply to your letter etc.
                Bank details : etc.....
                Yours sincerely
                evilcartman

                Comment


                • #9
                  Hi

                  As they are referring to monies taken (contra to good practice) from your then current account which was not the account in debt, and they are offering an "inconvenience payment" in respect of the difficulties caused to that account by their action, I see no harm in accepting the payment.

                  I doubt this is an underhand ploy, but to be on the safe side keep that letter in your records.

                  Comment


                  • #10
                    Hi Evilcartman,

                    Did you get this payment? I've had the same letter this week so have come on here for some advice and found your post.

                    I too was concerned about accepting because of acknowledging the debt but mine was statute barred in about 2006 so way past the sell by date!

                    Comment


                    • #11
                      Originally posted by marypoppins View Post
                      I've had the same letter this week so have come on here for some advice and found your post.

                      I too was concerned about accepting because of acknowledging the debt but mine was statute barred in about 2006 so way past the sell by date!
                      Is your debt still with Barclaycard (if they were also your original creditor) or was it assigned to a debt purchaser?

                      Di

                      Legal Disclaimer

                      I am a 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 di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

                      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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                      • #12
                        Hello Di,

                        I hope you're keeping well!

                        It was originally with Barclays but I've no idea where it went in the end. I'll dig out my old thread on it and see if I can figure it.

                        MP

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                        • #13
                          http://forums.all-about-debt.co.uk/showthread.php?19770-MKDP-BARCLAYCARD

                          I've found my old thread but can't open it but from my comments, it was sold to MKDP

                          Comment


                          • #14
                            If sold, on, then claim it back in your name xx
                            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

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