Barclaycard reply to CCA request letters

[WendyB]

Re: Barclaycard reply to CCA request letters

If the debt is over 6 years old it becomes Statute Barred, meaning thta's it. Over. Done and dusted. However, the 6 years starts from when you last corresponded/acknowledged there was a debt, so it can reset itself depending on what happens.

And please do remember that even if the debt is declared unenforceable, it won't make it go away, and it won't do your credit file any favours. And following the Carey case, there is now much more room for manoevre with regards to re-constituting agreements.
Unenforceability can only be used as a defence, not as a basis for bringing a claim, so in order to get a debt declared unenforceable, you have to rely on Barclaycard (or whoever) actually taking you to court before you can bring it into play, and then it may not work anyway, depending on when the CCA was taken out etc etc.

[jax007]

Re: Barclaycard reply to CCA request letters

Carey case??

[WendyB]

Re: Barclaycard reply to CCA request letters

CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs - Legal Beagles

Try this Jax xx

[Curlyben]

Re: Barclaycard reply to CCA request letters

BUT Carey only covers what they can deliver in regards a s78 request.
IF the OC was looking at court action they would still need to supply the actual agreement

[fuzzybrain]

Re: Barclaycard reply to CCA request letters

I'm playing the same game with BC. have been through Mercers, Westcot, plus a couple of others that I can't rmember off hand.

Am now with Aktiv Kapital - so far I haven't bothered responding to them - although I have noticed that all of a sudden the debt has gone from £3,000 to near on £8,500!!!

I'm going to love hearing them explain that one to a judge (that's providing they decide to carry out their threats!!)

[dizzyking]

Re: Barclaycard reply to CCA request letters

finally a response from barclaycard. they have made offer to refund ppi, so that is a start.
still not seen the agreement.

[shell]

Re: Barclaycard reply to CCA request letters

If the debt is over 6 years old it becomes Statute Barred, meaning thta's it. Over. Done and dusted. However, the 6 years starts from when you last corresponded/acknowledged there was a debt, so it can reset itself depending on what happens.

And please do remember that even if the debt is declared unenforceable, it won't make it go away, and it won't do your credit file any favours. And following the Carey case, there is now much more room for manoevre with regards to re-constituting agreements.
Unenforceability can only be used as a defence, not as a basis for bringing a claim, so in order to get a debt declared unenforceable, you have to rely on Barclaycard (or whoever) actually taking you to court before you can bring it into play, and then it may not work anyway, depending on when the CCA was taken out etc etc.

In Scotland, statuate barred after 5 years.

[Ruby]

Re: Barclaycard reply to CCA request letters

Wahey!!!! I live in Scotland. I do not respond to any of the DCA's in any shape or form. I don't acknowledge them, and to my knowledge they are guessing that I am still at the same address. Can I assume that after five years the debt will drop off my credit file?

I still receive threat-o-matics from DCA's regarding BC. I have lost count now how many BC have used in my case.

[mike1966]

Re: Barclaycard reply to CCA request letters

If the debt is over 6 years old it becomes Statute Barred, meaning thta's it. Over. Done and dusted. However, the 6 years starts from when you last corresponded/acknowledged there was a debt, so it can reset itself depending on what happens.

And please do remember that even if the debt is declared unenforceable, it won't make it go away, and it won't do your credit file any favours. And following the Carey case, there is now much more room for manoevre with regards to re-constituting agreements.
Unenforceability can only be used as a defence, not as a basis for bringing a claim, so in order to get a debt declared unenforceable, you have to rely on Barclaycard (or whoever) actually taking you to court before you can bring it into play, and then it may not work anyway, depending on when the CCA was taken out etc etc.

Hello Im new to this I have had Mercers hounding me for weeks now and have now changed my number, Barclaycard sent me a copy of my agreement within 3 days, its just 2 pages long with my signature on it, is this what Im after and if so what am I looking for along the unenforceable route