Old Debts

[Amethyst]

Re: Old Debts

Well that's positive in part isn't it Yes they can continue reporting to CRA's without the agreement as the CRA reporting isn't actually linked to the provision of the agreement (odd as that sounds) - however if you claim that you never had the card in the first place, and they can't provide evidence ( eg statements/transaction lists etc) you might be able to get it removed but it's not an easy taske - how long does it have left on your file? If it already defaulted more than 6 years ago ( and you went into your DMP I think) then if it has fallen off then no they can't put it back on.

Egg sounds like it might be enforceable - so you need to figure out how to deal with it - do you want to continue with an arrangement with them (ie run your own DMP ?) If not and the request has nudged them they might consider court action - you don't want a CCJ on your file I'm guessing? So it would be a case of figuring out if you can do a full and final ( is the debt still owned by barclays or gone to a dca ?) or go to installments.

You could tell them you are sorting out your finances so gathering information from other creditors before sorting out a self managed DMP.

If you have a look on google images for Egg CCA you should see some examples of Egg agreements - or you could photograph yours and upload them here ( take off personal details) ( CLICK Go advanced at bottom of the reply box, then click the paperclip icon in the tool bar to upload images/docs)

[kazz04]

Re: Old Debts

Thanks Amethyst,
I think it's for an egg credit card, but it original lenders are barclayard I guess. I didn't know that before. Iam sure it was defaulted and gone off my credit file. It was pre 2006.
The letter clearly says it's unenforceable, but they have sent these conditions. But they haven't fulfilled all their requirements. Where's the credit limit, etc.
According to DMP the balance was 3500.xx, on 09/08/14.
I haven't stopped payment just for this account. Iam paying direct still. But the current letter says balance is 3950.xx.
On this forum I have seen templates to write to creditor when they fail to deliver cca , telling them I am stopping payments to u, & u can't put defaults or report me, as the account is in dispute now. SO WHAT DOES THAT MEAN? IS THAT WRONG?
They are admitting they can't fulfill my request atm.
So isn't my account in dispute untill they fulfill my request fully.?
I will try uploading.
thank you

[kazz04]

Re: Old Debts

This is the only debt which is not with dca, letters come from barclayard

[kazz04]

Re: Old Debts

pls see files uploaded. (2pages)

see how the letter ends: this completes our obligations under sec 78,,,,

HOW CAN IT, WHEN they HAVEN'T , given me all details suppose to come with CCA req. All they have sent are conditions " referred to on the back of Egg card as prudential banking,,,,,,,,,
will upload that too, few pages of it now;

[kazz04]

Re: Old Debts

Pls see uploaded copies ;
these are the conditions came with the letter; I have uploaded 1st 3pages of it;
Thanks

[kazz04]

Re: Old Debts

As they havent sent me all documents required ,, Can I write to them they havent fulfilled my request fully or prescribed terms are not intact,,,something like this,(pls see below),

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

Any advice?
Thanks in advance

[kazz04]

Re: Old Debts

Hi, also can someone tell me how can I find out the date when barclayard defaulted my account, coz it's been long maybe before 2006, so my credit files cleared.
thanks

[charitynjw]

Re: Old Debts

The official way would be to SAR them (it'll cost you a tenner) - but you could always just ask the bank; you never know!

[kazz04]

Re: Old Debts

Thanks charitynjw

- - - Updated - - -

I have uploaded letters received from barclayard.
Letter& agreement, any advice would be much appreciated.
Thank you

[nemesis45]

Re: Old Debts

You can phone BC and ask, some have had success this way!!

nem

[nemesis45]

Re: Old Debts

As they havent sent me all documents required ,, Can I write to them they havent fulfilled my request fully or prescribed terms are not intact,,,something like this,(pls see below),

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

Any advice?
Thanks in advance

Things that a " reconstituted" agreement Must have.

1. Your name and address as it was when the account was opened.

2. The terms and conditions relevant when the account was opened.

3. The terms and conditions relevant when the account was closed.

4. Any other documents mentioned in the terms and conditions>
e.g. Barclay card usually supply a booklet containing the full T's & C's when the card is issued.

5. Any material amendments made during the life of the agreement.

nem

[Noah]

Re: Old Debts

I think there is some muddle here

If a company can not fulfil a CCA request the debt is unenforceable because S77(4) and s78(6) say so . If they have not sent all the documents then that is the tack to follow i.e

Dear Sir
thank you for your correspondence however as your reply does not fulfil my lawful S78 request the account is unenforceable due to S78(6)


If they have sent you all the required documents and they do not contain the prescribed terms etc , that is when you send the letter stating that it is unenforceable due to S127(3) of the CCA

With regard to what has been posted about what a recon agreement should include, it appears that a court will accept terms at inception and terms at default and do not require a list of material changes. A signed balance of account is also needed but all that is is a statement with a signature showing how much is owed

Hope that helps

[kazz04]

Re: Old Debts

Thanks a lot, nemesis & Noah. Appreciate it.
I will write mentioning s127 (3), & anything else I can add, .
thanks

[kazz04]

Re: Old Debts

Hi, thanks for all advice in the past. I sent a SAR request and got a reply recently. (After 2 months). It had a bunch of statements.It's all computer print outs. Some are dated before 2011, and others saying zero on closing balance till now. (Those are just print outs saying the same thing). That's all came in the post. Now that I have stopped paying them, they are writing saying they will register a default against me if they don't hear from me within 7 days. Can they do this?
(Pls note I have written abt this under new heading eggcard as well). Any advice?

Thank you