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Barclaycard Old debt

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  • Barclaycard Old debt

    Hi Guys, I have a very old debt from barclaycard which was defaulted before 2006. After disputing my debts with many DCA's, Barclaycard alone is not backing down. After failing to send CCA request, I sent a letter in January 2016 letting them know that they have failed to comply with my request. My letter also stated the following,,& more:
    "Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies."
    I do not know the above lines are legally right, I only saw them in this forum and copied it.
    Now after more than a year, they have wrote to me saying my account is being transferred to Hoist portfolio holdings, & Robinsons way will act on their behalf.
    My question is after clearly writing to them and Barclaycard accepting to me in writing that the account is now in dispute clearly, can they still pass on this debt to different DCA's. Obviously now these 2 companies have started to send letters and ring me everyday.
    Do I write to these DCA's with a copy of the letter I sent to Barclaycard last year? After Barclaycard accepting it is unenforceable, robinsonway writes to me saying they will ask their solicitor to put a county court claim & get CCJ. How can u get a CCJ on a debt which already had a CCJ years ago??
    Can I write to them asking them to stop communicating with me??
    Please advice.
    Thanks
    Kaz
    Tags: None

  • #2
    Hi members & everyone,

    Further to my old post BarclaycardOlddebt,(as titled),as mentioned Robinsonway are pursuing the matter now by sending letter saying' enclosed requested documents. The documents enclosed actually are, 1.letter sent by Barclaycard saying currently unable to fulfil CCA request, (in 2017)
    2.(this is the new document sent) Copy of CCAact1974's Conditions . (alone)
    3.electronic copy statement with a closing balance with a date stating 01DEC 2011.

    I believe they cant just send the conditions without other relevant information and say that they have encloed requested documents.
    They have also said ' " in the absence of any alternative dispute, please complete & return enclosed financial statement. Collection activity will be held on your account for 30days to allow you to complete&return financial statement."

    Is this right ?? Can they do this??

    Do I have to respond to them or are they trying to make me contact them since its been more than 2 years I sent the CCA request to Barclaycard.
    Any advice would be appreciated.
    Thank you in advance

    Comment


    • #3
      Morning, Have merged the posts, and sorry your previous post got missed.

      Do you know when the original barclaycard account was opened ? and do the terms you have received correspond to the right date ?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Originally posted by Amethyst View Post
        Morning, Have merged the posts, and sorry your previous post got missed.

        Do you know when the original barclaycard account was opened ? and do the terms you have received correspond to the right date ?
        Hi

        It was actually Egg credit card owned by Barclays I think. It was opened before 2003, and may have defaulted around 2006. They have only sent the conditions. (uploaded). It doesn't have any dates. I have uploaded all docs received.( conditions & copy statement). Please see attached.
        Well the conditions may correspond to that year, but shouldn't they send original signed copy, & dates, cc limit, etc.?

        Thank you very much.
        Attached Files

        Comment


        • #5
          Is there anything on your credit file relating to this debt ? If you defaulted in 2006 it should have long since fallen off and if you haven't been paying anything or acknowledged the debt since 2006 then it is likely to be statute barred ( over 6 years since you last paid/defaulted)

          That last statement provided ( presume it's the last as it states the charge off ) was dated December 2011 and the chargeoff was November 2011 - so it may well be that is the default date - still outside the 6 year period. It may be that you did default in 2006 and it was just chargedoff in 2011, but both dates are over 6 years ago.

          I think rather than looking at the agreement, if you haven't been paying since 2011, you'd be better informing them the debt is statute barred.

          Have they actually been chasing you for payment of the debt or just responding to your requests for the agreement?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Originally posted by Amethyst View Post
            Is there anything on your credit file relating to this debt ? If you defaulted in 2006 it should have long since fallen off and if you haven't been paying anything or acknowledged the debt since 2006 then it is likely to be statute barred ( over 6 years since you last paid/defaulted)

            That last statement provided ( presume it's the last as it states the charge off ) was dated December 2011 and the chargeoff was November 2011 - so it may well be that is the default date - still outside the 6 year period. It may be that you did default in 2006 and it was just chargedoff in 2011, but both dates are over 6 years ago.

            I think rather than looking at the agreement, if you haven't been paying since 2011, you'd be better informing them the debt is statute barred.

            Have they actually been chasing you for payment of the debt or just responding to your requests for the agreement?
            Thank you for the quick reply.
            No there is nothing on my credit files. Unfortunately, it is not statute barred. Up until 2015, I was paying through a debt management company for a very long time. They have sent those documents saying" requested documents enclosed, and in the absence of alternative dispute, please complete financial statement& confirm your affordable proposal for payment". Therefore unless I dispute they want me to pay.
            There is also a letter dated 12 October 2017, saying, please find enclosed documentation under section 78 of the CCA act 1974 for our mutual client as requested. We are unable to supply varied terms& conditions. We have enclosed ;
            Short form cancellation
            Historic terms & conditions.

            Therefore, I presume that's what they have sent me. So what does that mean??

            My credit file is clean,

            Thank you
            .
            Last edited by kazz04; 24th August 2018, 14:18:PM.

            Comment

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