jet83 vs barclaycard

[jet83]

Hi all

After the recent ruling by the OFT I am somewhat concerned of the direction of where this is all going

I currently have four disputes going on with with three different creditors, two with barclaycard which were opened back in the mid 90's and one of which has now been sent to wescot for collection. This dispute has been going on since last January 2009 after i made cca request which they failed to comply to as all I have to date is two lots of t&c's, with no reference to me and a blank credit agreement.

I have already fought off both robinson way and allied international credit by sending the account in dispute letter, robinson way eventually gave up and said they had closed their file on me and sent back to oc, where as allied international basically ignored the letter and later sent another demand for payment although it looks like they must have given up after all.

My question is, now that OFT say the debt can be sold on to dca even after the agreement becomes unenforceable, does this apply to a pre 2007 account aswell? If so what do I now send to wescot and any other potential dca? as the main part of the letter was to tell the dca that the account is in dispute and can't be sent/sold to a dca whilst it remained so?

Any help and advice would be appreciated as I want fo fire off a letter to wescot asap.

Cheers, jet

[Caspar]

Re: jet83 vs barclaycard

I've obviously missed something major here regarding the OFT. Can you give me a link to the guidance issued please. Once I've read it I may be able to help.

My immediate thought is how can an unenforceable debt be enforced? I know there are DCA's out there who specialise in Statute Barred debts, but my understanding was they don't have a leg to stand on.

I look forward to receiving a link to the guidance.

[jet83]

Re: jet83 vs barclaycard

http://www.legalbeagles.info/forums/...ad.php?t=24995

[middenmess]

Re: jet83 vs barclaycard

I've obviously missed something major here regarding the OFT. Can you give me a link to the guidance issued please. Once I've read it I may be able to help.

My immediate thought is how can an unenforceable debt be enforced? I know there are DCA's out there who specialise in Statute Barred debts, but my understanding was they don't have a leg to stand on.

I look forward to receiving a link to the guidance.

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

[jet83]

Re: jet83 vs barclaycard

Instead of sending the account in dispute letter like I normally do to these people should I just send the prove it letter instead and see what their response is to that?

[Caspar]

Re: jet83 vs barclaycard

Sorry - thought when you said "recent" you meant in the past month or so!

Since I've become interested in these things the OC has always been able to sell statute barred debts. They often sell them for their own book-keeping purposes and some real low life DCA's will buy them.

Don't worry too much. If the debt is unenforceable it stays unenforceable. This doesn't mean you don't owe the money as you clearly do, but they can't force you to pay it.

Having said that, it does not stop these companies trying and trying to scare you into paying. I also believe they can, if they are really the legal owners of the debt, still record defaults against your credit file - this obviously hasn't happened yet in your case and may not.

As stated above the first step is to send the Prove It letter copied b elow from Curlyben:


Originally Posted by Prove I'm The Debtor
Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully



Once sent, have a read of the link below and hopefully it will put your mind at ease a bit.
Read more at: Dealing with DCA's - Legal Beagles Consumer Forum


Any more questions, just ask away! That's what we're all here for!

[jet83]

Re: jet83 vs barclaycard

Hi caspar thanks for your comments

Sorry - thought when you said "recent" you meant in the past month or so!

Since I've become interested in these things the OC has always been able to sell statute barred debts. They often sell them for their own book-keeping purposes and some real low life DCA's will buy them.

Don't worry too much. If the debt is unenforceable it stays unenforceable. This doesn't mean you don't owe the money as you clearly do, but they can't force you to pay it

Unfortunately I'm a long way from the debt been statute barred as the last payment was January last year so only another 4 and bit years to go

I'm not really all that worried as I've already dealt with 6 dca's successfully although cabot seem impossible to shake off, mind you I've not heard anything from them for a while now:tung:

Its just what with this recently issued guidence from the OFT and the creditors/dca appearing to be unjustifiably winning more and more in court against the debtor there just appears to be a sizeable swing against the consumer of late.

cheers, jet

[Caspar]

Re: jet83 vs barclaycard

I think a lot of that is to do with the rulings over "niggly" details making them unenforceable. This has definitely swung more towards the creditor nowadays.

[jet83]

Re: jet83 vs barclaycard

Hi all

Just an update, last week i had a response from wescot to my letter saying they had acknowledged my query on the account and would be investigating.

Today I had their response which included a poor copy of an application form, the same one i had when i sent a SAR last year. This basically has a date from 1995 and my signature on it but no prescribed terms within the four cornersof the page and no t&c's related to it.

Funny thing is after another dca had failed in scaring me into paying any money to them I had a letter from barclaycard including a credit agreement with no name, address, signature or date totally blank which they claimed was mine, seems they can't make their mind up!!

Wescot are been quite polite in their request for payment for a dca, wonder how long that will last :rolleyes2:

[diddydicky]

Re: jet83 vs barclaycard

Hi all

After the recent ruling by the OFT I am somewhat concerned of the direction of where this is all going

I currently have four disputes going on with with three different creditors, two with barclaycard which were opened back in the mid 90's and one of which has now been sent to wescot for collection. This dispute has been going on since last January 2009 after i made cca request which they failed to comply to as all I have to date is two lots of t&c's, with no reference to me and a blank credit agreement.

I have already fought off both robinson way and allied international credit by sending the account in dispute letter, robinson way eventually gave up and said they had closed their file on me and sent back to oc, where as allied international basically ignored the letter and later sent another demand for payment although it looks like they must have given up after all.

My question is, now that OFT say the debt can be sold on to dca even after the agreement becomes unenforceable, does this apply to a pre 2007 account aswell? If so what do I now send to wescot and any other potential dca? as the main part of the letter was to tell the dca that the account is in dispute and can't be sent/sold to a dca whilst it remained so?

Any help and advice would be appreciated as I want fo fire off a letter to wescot asap.

Cheers, jet

the fact that a debt is legally unenforceable- does not mean that the debt (which is an ASSET to the creditor) does not still exist or become due and payable by the debtor- it just means that the owner of the debt cannot use the legal system to force payment

the debt as i said is an ASSET (just as much as say a lathe in a woodwork factory) and the owner is entitled to sell the asset to whoever he likes.

if he sells a "live" debt however- the new owner of the debt must be licenced to continue the lenders obligations

[jet83]

Re: jet83 vs barclaycard

Hi all,
I haven't been on here for a while but I could do with a bit of advice on how to shake off the latest DCA I have chasing me with regards to this account. Basically the notorious Lowell's are on my case and have been since October, although only having had three letters from them in that time it does appear to take them a while to respond to my letters:tinysmile_grin_t: The following letter below is the latest I've received from them and any suggestions on how I can respond would be very much appreciated, many thanks jet.


Dear Sir,

Thank you for your recent enquiry regarding your Barclaycard account.

Your comments have been noted and after corresponding with the original creditor, we can confirm we have reached an outcome regarding the matter.

Barclaycard have checked their records and advise that the time has now elapsed from when the original credit agreement was requested. They have advised that you would need to submit a request under sction 77/78 of the Consumer Credit Act 1974 whereby a fee of £1.00 would need to be paid in order to request the information.

We trust that this now resolves your query and look forward to hearing from you to discuss repayment. If we have not had contact in the next 14 days, your account will be transferred to our debt collection agent Lowell Financial who will contact you regarding this account.

[jet83]

Re: jet83 vs barclaycard

Anyone??