Tweet
Many years ago I took out a credit card with Goldfish which got taken over by Morgan Stanley and eventually Barclaycard.
There is a £3000 debt on the card which due to illness I have struggled to pay back.
I wrote to Barclaycard back in June requested they send a copy of my credit agreement.
They replied a month later with a long letter. I'm not sure how to respond (or if I need to respond) to parts of the letter:
"A copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act has been sent to you under separate cover"
I never received this information.
"we are unable to provide historic terms and conditions and accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues"
"We are currently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues"
Am I liable for the outstanding debt?
"With immediate effect, we have suspended your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account"
"Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment"
"This completes our obligations under section 78 of the Act"
I have since received a 'default notice' from Mercers Debt Collections Limited back in July also, dated 2 days after the letter from Barclaycard.
Would anybody have any advice as to what I should do? Do I ignore it? Or do I need to respond?
Many Thanks for any help you can give
There is a £3000 debt on the card which due to illness I have struggled to pay back.
I wrote to Barclaycard back in June requested they send a copy of my credit agreement.
They replied a month later with a long letter. I'm not sure how to respond (or if I need to respond) to parts of the letter:
"A copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act has been sent to you under separate cover"
I never received this information.
"we are unable to provide historic terms and conditions and accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues"
"We are currently unable to provide a copy of the credit agreement you entered into. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues"
Am I liable for the outstanding debt?
"With immediate effect, we have suspended your Barclaycard account. This is a temporary measure which will be kept under review. We have not closed your account"
"Notwithstanding that we cannot currently enforce the agreement, our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them that the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party to demand payment or otherwise seek to procure payment"
"This completes our obligations under section 78 of the Act"
I have since received a 'default notice' from Mercers Debt Collections Limited back in July also, dated 2 days after the letter from Barclaycard.
Would anybody have any advice as to what I should do? Do I ignore it? Or do I need to respond?
Many Thanks for any help you can give
