unenforceable Barclaycard - can default be removed?

[STYLUS]

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.

I’m 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 can’t 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 there’s still over 2 years until it drops off.

But then I’m thinking about the account showing as belonging to a debt collector with a balance of £11k. This won’t look good to vehicle finance companies and will prevent me from leasing anyway.

Then I’m 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 I’m quite confused and thank you for reading.

[echat11]

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) I’m 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 can’t 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.

[DE DOGS]

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.

[STYLUS]

Hello,
I have an update on this matter and would appreciate some help.

Barclaycard have come back to me and said the account is considered unenforceable so they can't indicate or claim the debt is enforceable or obtain a CCJ against me.
(I was already aware of this through reading previous posts on this forum.)

But they go on to say that they can continue to report the account and balance to the CRAs and can still request me to repay so the recorded default will remain.

As I had quoted Grace v Black Horse, I was expecting them to remove the account from my credit files but they have ignored the ruling which is so annoying.

As I had mentioned in my initial post, the balance is over £11k so it would be great to get this account removed from my credit files but I don’t know the next step to take.

The FOS website says they don’t deal with issues of unenforceability so would I have to take the matter to court?

Thank you for your time.

[Huxie]

⬆️ Spammer - ignore

[MIKE770]

WE Being may I ask?

[Huxie]

WE Being may I ask?

It’s just spammer’s drivel. At the end of the drivel there’s a hidden link to a sudoku site. As you’ve now quoted the post, including the hidden link, the spammer now has 2 spam links for the price of one.

Any chance you could edit your post to remove the entire quote?

[EXC]

Link removed.