Barclaycard Debt

[Enufsed]

My husband had an Egg card when he went on a debt management plan with Gregory Pennington in August 2009 ending September 2018. I know Egg was taken over by Barclaycard at some point and was managed by Moorcroft Debt Recovery.
In September 2018 I started to clear his debts by offering Full and Final payments of around 44% of the debts owed at that time using the lump sum from my personal pension.

My offers were accepted apart from Moorcroft. After 2 months of communicating with them out of the blue they wrote saying the control of the account had been returned to their client. This was in December 2018. We heard nothing further until we received a letter from Barclaycard in December 2021 informing us the debt had been sold to LC Assett 2 SARL in November 2021.

I don't understand why Moorcroft suddenly handed the debt back to Barclaycard and why Barclaycard did nothing for 3 years and then sold the debt.

Please can you advise me how to proceed?

[echat11]

Hi Enufsed

I'm not sure why you have started another thread (I'm aware this is in the Welcome Forum).

It might be that Barclaycard do not have or can not get hold of the original credit agreement. Their choices are limited in what they can do to recover the debt, so they have sold it on for a few pounds. What you could do is send LC Assett 2 SARL a CCA request. They have 12 days to respond. Make sure you get Proof of Postage.

If they can't provide a copy of the credit agreement, then the account is 'unenforceable'.

https://legalbeagles.info/library/gu...etter-example/

[Enufsed]

Hi,

I posted this again because I'd had no reply so I thought I'd posted it in the wrong place. Sorry.

Thanks for the advice, I'll get a CCA request off to them today and see what happens.

[echat11]

Hi,

I posted this again because I'd had no reply so I thought I'd posted it in the wrong place. Sorry.

Thanks for the advice, I'll get a CCA request off to them today and see what happens.

Make sure you get Proof of Postage.

[Enufsed]

Will do thanks, I'm sending it by recorded delivery.

[Enufsed]

No sign of requested CCA which was delivered and signed for on 24 June 2022 but today my husband received Statement No. 1 from Link Financial dated 29/05/2022 from 29/11/2021 to 29/05/2022.
The letter also states "the current arrears represent the outstanding balance as you did not maintain payments in accordance with the terms of the original agreement so the full amount became due".
No mention of them chasing Barclaycard for CCA.
Do we just wait?

[echat11]

Will do thanks, I'm sending it by recorded delivery.

Unfortunately, it's not an exact science, creditors, solicitors etc are an odd bunch.

So you'll just have to wait, if you don't receive anything in a couple of weeks, send a chase letter, refer to the date the original CCA request was sent to them.

[Enufsed]

After 10 years on a DMP we were finally (well almost) debt free. No debts, no mortgage a little savings so I finally retired in 2019. We both had a little money to spend each month but it was made very clear there would be no more credit and no joint bank accounts, I didn't want to be financially associated with him at all. We have even become tenants in common, hopefully safeguarding 50% of the property from debt or care home expenses.



I'm so angry at the moment because while I've been trying to sort this final debt out I've just found out he's got a credt card! He says he's only has it a few months and clears it every month but I know he already owes around £900 so yet another lie.


What am I going to do going forward? He has no idea about money, he's been bankrupt and our house has been remortgaged so many times over the years.


I persuaded him to declare himself bankrupt many years ago because I could see no way out. Then the DMP because this time I was able to support us both.


But what do I do now?

[Enufsed]

Link have not sent an acknowledgement to my CCA request sent last year but the £1 enclosed has been used to reduce the balance! A reminder was sent but all we receive are annual statements and letters asking us to contact them or reminders of the action that could be taken.

Link have now done two hard searches on my husband's credit file both on 21/04/2023.

I'm trying not to worry about all this and play the waiting game. The last date this debt was acknowledged was November 2018 when Moorcroft handed it back to Barclaycard.

I'd be grateful for any help you can offer.

[echat11]

Write to Link tell them that the £1 was for the CCA request and not a payment. Tell them they still haven't adhered to your CCA request which is outstanding. Tell them if they can't comply with the CCA request, they need to tell you. Tell them if they do not tell you, you will lodge a complaint with Trading Standards and the Financial Conduct Authority. Tell them the next letter will be a Formal Complaint as per their Complaints Procedure (will be on their website).

If they can't provide a copy of the CCA, then the debt is 'unenforceable'. Then you can decide what to do next.

When you write to them make sure you get Proof of Postage.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07