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unenforceable Barclaycard - can default be removed?

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  • unenforceable Barclaycard - can default be removed?

    Hello, I would be grateful for help with a query about a Barclaycard account which I opened in March 1996 but due to financial problems in 2018, I missed 6 consecutive payments and a default was registered in September 2018.
    Barclaycard instructed Wescot, so I did a CCA request.
    Barclaycard sent a letter in April 2019, saying they could not currently fulfil the request and as such are currently not able to enforce the agreement and the agreement will remain unenforceable until such time they are able to fulfil the request.

    Then out of the blue, after hearing nothing since this letter in April 2019, I receive a letter from LC Asset 2 S.ar.l a couple of weeks ago saying that Barclaycard have assigned the account to them.

    Iím so shocked by this, and I started googling what to do in such a situation as the outstanding balance is just over £11,000 and I canít afford to deal with it!

    Googling led me to this website, so I would like to ask if there have been any changes in the law where not providing a credit agreement is now acceptable.

    Also, I came across a case on Google and on the forum here called Grace v Blackhorse Court of Appeal where the judge ruled that a debtor could not be registered as a defaulter for an unenforceable account.
    Is this still valid?

    This default is the only thing stopping me from getting a car on lease so getting it removed from my credit files would be great as thereís still over 2 years until it drops off.

    But then Iím thinking about the account showing as belonging to a debt collector with a balance of £11k. This wonít look good to vehicle finance companies and will prevent me from leasing anyway.

    Then Iím also thinking about the fact that no default means the account will never drop off my files.

    I would really appreciate some advice on this please as Iím quite confused and thank you for reading.

    Tags: None

  • #2
    a) Then out of the blue, after hearing nothing since this letter in April 2019, I receive a letter from LC Asset 2 S.ar.l a couple of weeks ago saying that Barclaycard have assigned the account to them.

    So basically Barclaycard has sold the debt to LC Asset 2.S.ar.l, which Barclaycard can do.

    b) Iím so shocked by this, and I started googling what to do in such a situation as the outstanding balance is just over £11,000 and I canít afford to deal with it!

    Googling led me to this website, so I would like to ask if there have been any changes in the law where not providing a credit agreement is now acceptable.

    In your case the Creditor has to provide a true copy of the original agreement, as the account was opened prior to 2007. They can't reconstruct one from information they have. As the interest rate has been 'varied', they would have to provide an agreement with the latest interest rates etc.

    https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

    Defaults 'drop off' your credit file after 6 years.


    c) pt2537 Could you please take a look regards Grace v Blackhorse.

    'Also, I came across a case on Google and on the forum here called Grace v Blackhorse Court of Appeal where the judge ruled that a debtor could not be registered as a defaulter for an unenforceable account.
    Is this still valid?'

    pt2537 Could you please take a look regards Grace v Blackhorse.

    Comment


    • #3
      Grace v Blackhorse Court of Appeal where the judge ruled that a debtor could not be registered as a defaulter for an unenforceable account.
      Is this still valid? I have gone through this situation. It is valid.

      Comment

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