No signed CCA - Clean credit file?

[eiggy]

Hello all

Wishful thinking?

If a DCA or OC fail to provide a signed agreement after a SAR request do they have to remove the default/account information from your credit file?

Barclaycard default £4000
Account start date 28/12/06
Default Date 16/09/10

This card was previously a Morgan Stanley card which transferred to Barclaycard.

The account was passed on to Lowell in March 2012 and I had a goodbye/hello letter then a few letters with the usual demands which I ignored. The last received was last summer offering me a heavy discount. I have heard nothing since and as of yet, Lowell have not marked my credit file or taken over the Barclaycard default.

Is it likely Barclaycard have a signed CCA after the transfer from Morgan Stanley? I'm thinking, If I made a SAR request to Barclaycard and they came back with no signed agreement, would they have to remove the default from my credit file?

Is it worth possibly opening a can of worms? Maybe I should just wait and see if I hear any more about it with a view to riding out the 6 year default removal window?

Thanks in advance for any advice on this.

[eiggy]

Re: No signed CCA - Clean credit file?

Think I'm starting to find my answer to this one the more time I spend on here! Guess I should wait until I hear anything more about it and take it from there.

[FlamingParrot]

Re: No signed CCA - Clean credit file?

Hello all

Wishful thinking?

If a DCA or OC fail to provide a signed agreement after a SAR request do they have to remove the default/account information from your credit file?

If you want to get a copy of your agreement you'd send a CCA request rather than a SAR. A CCA request costs just £1 and they have 14 days to reply while a SAR costs £10 and they have 40 days. You'd send a SAR to get copies of statements, transactions, etc. to look at PPI, charges, etc. A SAR should be sent to the OC not the DCA who wouldn't have that information.

Sadly, after McGuffick where the judge ruled recording a default does not amount to enforcement, it will stay in place for 6 years even if the account is unenforceable.

Barclaycard default £4000
Account start date 28/12/06
Default Date 16/09/10

This card was previously a Morgan Stanley card which transferred to Barclaycard.

The account was passed on to Lowell in March 2012 and I had a goodbye/hello letter then a few letters with the usual demands which I ignored. The last received was last summer offering me a heavy discount. I have heard nothing since and as of yet, Lowell have not marked my credit file or taken over the Barclaycard default.

Is it likely Barclaycard have a signed CCA after the transfer from Morgan Stanley?

Barcraps are notoriously bad at finding agreements, however, this is a fairly recent account so they could still have it, you'll never know till you request it! :grin:

I'm thinking, If I made a SAR request to Barclaycard and they came back with no signed agreement, would they have to remove the default from my credit file?

See above, you need to send a CCA request not a SAR, and it would be for the purpose of establishing whether the account can be enforced in court or not, not to remove the default.

Is it worth possibly opening a can of worms? Maybe I should just wait and see if I hear any more about it with a view to riding out the 6 year default removal window?

Thanks in advance for any advice on this.

If you haven't paid since 2010, you're almost half way through to Statute Barred, which is 6 years after your last payment or written acknowledgment (5 in Scotland). If Lowell are not hassling you, probably best to let sleeping dogs lie and hit them with a CCA request if they ever contact you, but do keep an eye out for them, they are very fond of Statutory Demands (SDs).

[eiggy]

Re: No signed CCA - Clean credit file?

If you haven't paid since 2010, you're almost half way through to Statute Barred, which is 6 years after your last payment or written acknowledgment (5 in Scotland). If Lowell are not hassling you, probably best to let sleeping dogs lie and hit them with a CCA request if they ever contact you, but do keep an eye out for them, they are very fond of Statutory Demands (SDs).

Thanks FlamingParrot

I've learnt a lot these past few days thanks you guys on here, thought of the day... BC took £100 from a saving account I had with Barclays back in 2011. Does this reset the SB clock?

[FlamingParrot]

Re: No signed CCA - Clean credit file?

Thanks FlamingParrot

I've learnt a lot these past few days thanks you guys on here, thought of the day... BC took £100 from a saving account I had with Barclays back in 2011. Does this reset the SB clock?

No, the clock can only be reset if you, or someone acting by you, makes a payment, otherwise all creditors would pay themselves a small amount every year or so to keep the debt alive forever.