Can Barclaycard enforce a debt

[paraza]

Many years ago I took out a credit card with Goldfish which got taken over by Morgan Stanley and eventually Barclaycard.

There is a £3000 debt on the card which due to illness I have struggled to pay back.

I wrote to Barclaycard back in June requested they send a copy of my credit agreement.

They replied a month later with a long letter. I'm not sure how to respond (or if I need to respond) to parts of the letter:

"A copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act has been sent to you under separate cover"

I never received this information.

"we are unable to provide historic terms and conditions and accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues"


"We are currently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues"

Am I liable for the outstanding debt?

"With immediate effect, we have suspended your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account"

"Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment"

"This completes our obligations under section 78 of the Act"

I have since received a 'default notice' from Mercers Debt Collections Limited back in July also, dated 2 days after the letter from Barclaycard.

Would anybody have any advice as to what I should do? Do I ignore it? Or do I need to respond?

Many Thanks for any help you can give

[Angry Cat]

Re: Can Barclaycard enforce a debt

Sounds like a Morgan Stanley Dean Witter Card?
How many years ago did you apply for the Card?

If, I were you then I would ignore the letter; file it away though.

They havn't complied with section 78 because they cannot!
In short, they are unable to enforce, end of!

[fedupnow]

Re: Can Barclaycard enforce a debt

Curious, I had one of these cards and am dealing with Lowell now the alleged debt has been sold on. If BC cannot find the ts and cs how are Lowell getting hold of them?

[Angry Cat]

Re: Can Barclaycard enforce a debt

Curious, I had one of these cards and am dealing with Lowell now the alleged debt has been sold on. If BC cannot find the ts and cs how are Lowell getting hold of them?

How can they know if, the T&Cs are the correct ones?
And in any event, they still need the agreement of which they formed part of. Plus, the Terms as varied, of course!

[fedupnow]

Re: Can Barclaycard enforce a debt

They must be correct, Lowell told me so

[FlamingParrot]

Re: Can Barclaycard enforce a debt

"We are currently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues"

Am I liable for the outstanding debt?

In principle, you are still liable, however, they have confirmed they cannot enforce it, which leaves it up to you to make payments out of the kindness of your heart, they cannot MAKE YOU pay by taking you to court and obtaining judgment. :thumb:

You should keep that letter very safe!

"This completes our obligations under section 78 of the Act"

They have not complied with your request, which is not unusual, as Barcraps have misplaced a lot of agreements. :marchmellow:

I have since received a 'default notice' from Mercers Debt Collections Limited back in July also, dated 2 days after the letter from Barclaycard.

Would anybody have any advice as to what I should do? Do I ignore it? Or do I need to respond?

Many Thanks for any help you can give

Mercers are part of Barclays. Keep the default notice as you may need it in the future. I don't think there's a need to respond with anything at the moment, as they admit they can't enforce, however, do keep an eye on the post and if you hear from a DCA, do post up here because they will need to be informed that Barclays have not complied with your s.78 request. :typing:

[FlamingParrot]

Re: Can Barclaycard enforce a debt

Curious, I had one of these cards and am dealing with Lowell now the alleged debt has been sold on. If BC cannot find the ts and cs how are Lowell getting hold of them?

Barclays have misplaced a lot of agreements. Obviously Lowell won't be able to get hold of them, which is why they often issue SDs instead of court papers, to scare people into paying when they can't provide documents. But when that happens, Cel comes to the rescue. :yo: