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help with 2007 credit card debit
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# 1
blackguy52
Old 17-02-2013, 2:15 PM
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Default help with 2007 credit card debit

Hi all. When I was 18 i did the stupid thing of getting a credit card with barclaycard. it had a 1000 limit on it and basically i was very immature and used the whole 1000.
Now obviously they wanted their money back but i was on JSA, I no longer am on JSA but only earn 160 a month as i work part time+ have to pay+ 90 car insurance. which leaves me with very little money to live on.
I live with my parents and have since lived in a few addresses, so I offered barclaycard to pay back 15 a month until the debt was paid off. They refused and told me they wanted a minimum of 200 a month paid back until it was paid off. I sent them my wageslips and hours and explained it was impossible for me to pay them back more than I earned and they knew this as I put it in my annual income when applying for the card.
Since a few years i didn't hear anything about it..then yesterday i got a letter from henleys law on behalf of barclaycard demainding the total of 999.99 saying they are now going to apply for a CCJ against me.
What can I do as this is my parents house and I already offered barclaycard a solution
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# 2
Bettingmad
Old 17-02-2013, 2:41 PM
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First things first when was the last time you have any contact with this debt? A debt will become statute barred after a period of 6yrs with no contact.

Obtain your credit record to see what information is contained within, it will identify whether the debt has been defaulted and sold on.

They cannot obtain a CCJ as you have no home.

If the debt is not statute barred then you need to work out what you can afford to pay. At your income levels you probably are not in a position to make anymore than a 1 token amount.

If your insurance costs 90 mth how on earth do you afford to run the car on your income? Petrol, tax, mot, maintenace etc

Can you up your income in any way, another part time job, extra hours etc?
Can you ditch the car and use public tranport?
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# 3
blackguy52
Old 17-02-2013, 2:47 PM
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Hi, I go into a 300 overdraft every month, thats how i afford my living costs. And well technically I DID live at my parents when I had the card thus why they are writing there. How would i go about getting my credit rating to know? Thanks for the help. I'm still willing to pay them 15 a month until the debt is paid off, I accept its all my fault and i was stupid and immature and young. But they wont accept it and the last contact I had was around 4 years ago. And as my car is needed for my work i cant get rid of it
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# 4
Bettingmad
Old 17-02-2013, 2:56 PM
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Quote:
Originally Posted by blackguy52 View Post
Hi, I go into a 300 overdraft every month, thats how i afford my living costs. And well technically I DID live at my parents when I had the card thus why they are writing there. How would i go about getting my credit rating to know? Thanks for the help. I'm still willing to pay them 15 a month until the debt is paid off, I accept its all my fault and i was stupid and immature and young. But they wont accept it and the last contact I had was around 4 years ago. And as my car is needed for my work i cant get rid of it
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I would write to them giving them your income levels and inform them that at the current time you can only afford to make a 1 token payment until your earnings improve.

They may request a Statement of Affairs however only a Court can dictate that you provide one. On your income, 70 mth after paying insurance then you can't realistically afford to pay more than 1 mth.

As you don't own your own home there is very little they can do apart from sending the usual threatograms informing you the world will end if you don't pay the debt. standard tactics to frighten you into paying them more than you can afford.
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# 5
Angry Bear
Old 17-02-2013, 3:24 PM
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Quote:
Originally Posted by Bettingmad View Post
They cannot obtain a CCJ as you have no home.
I don't think that's true

However, even if they get a CCJ, the court will only make you pay what you can afford. As you have already made an offer, I believe it's likely that this is all that the court would make you pay (I'm sure I've heard that they don't like it when a company refuses a reasonable offer).
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# 6
blackguy52
Old 17-02-2013, 3:59 PM
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Hi, do you think am worth writing to barclaycard again? The thing is i dont even legally live at my parents anymore?
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# 7
blackguy52
Old 17-02-2013, 4:00 PM
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Hi well basically I'm always in my overdraft because apart from car insurance i have to pay rent on a room in a house with 2 other people+ food etc..
Sorry I should have explained properly.
Basically i got the card when I was 18 and on 12k a year. I lost that job and called them and explained, I in the same year wrote to them and told them due to the fact i lost my job couldn't pay the debt off. They refused 5 a month and i wrote to financial omnibudsmen, who said they could not do anything as it was in barclaycard's terms and conditions that they can refuse any offer of debt. Therefore I never paid the credit card off. since then they wrote to my new addresses i had since moving from my parents but never said anything about a CCJ. Its only recently henley law have said they are speaking to barclaycard about paying for a CCJ. Now obviously I don't want them to do this as it'll blacklist my parents house and i'm alot more maturer now and want to pay off my debts.
Basically i work part time as a youth mentor for kids. My earnings are 160 a month+ 300 overdraft (1 charge per day for being overdrawn) so i have a total the way they say it off 460 a month..so they told me that because i didnt tske out card protection against loss of job i will have to pay 200 a month minimum

Last edited by blackguy52; 17-02-2013 at 4:17 PM.
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# 8
blackguy52
Old 17-02-2013, 4:21 PM
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Also tried to sign up to noodle i got this:

Sorry, we haven’t been able to verify and validate your identity and can’t provide your credit report.

We’re sorry but unfortunately we’re not able to provide you with access to your credit report as we’ve not been able to automatically verify and validate your identity. As your credit report contains such personal and important financial information we need to make sure that we only make it available to the right person.

We're unable to tell you the exact reason that we couldn’t verify your identity but some of the most common reasons are a recent house move or name change, not being on the Electoral Roll or that the credit card details provided couldn’t be verified, this could be due to the card being relatively new.

We regularly make updates to our processes and we hope that this will allow more people to be automatically matched so please do come back and try again.
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# 9
izools
Old 17-02-2013, 5:05 PM
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You didn't tell us when you last acknowledged the debt to Barclaycard?

How long has it been since you last made an actual payment?
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# 10
Angry Bear
Old 17-02-2013, 5:50 PM
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Quote:
Originally Posted by blackguy52 View Post
Its only recently henley law have said they are speaking to barclaycard about paying for a CCJ. Now obviously I don't want them to do this as it'll blacklist my parents house and i'm alot more maturer now and want to pay off my debts.
I understand your worry but this a CCJ isn't the end of the world. It applies to you only, and has no impact on your parent's address.
If you pay it in full within 28 days it wouldn't even be registered, but even if you can't you won't be forced to pay more than you can afford.
Your ability to get credit will be damaged for 6 years but that won't impact you if you don't need to get credit.

If it's been less that 6 years since you last made a payment, I'd suggest writing to them again making a formal offer of 5 per month. Even if this is refused you should continue to make a token payment of 5 per month anyway - it shows willingness to pay.

Be aware though that at 5 per month, even if they freeze the interest this will take you over 16 years to pay back. Ignore your overdraft, it's a red herring - why don't you look at the SOA calculators and fill one in?
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# 11
blackguy52
Old 17-02-2013, 9:06 PM
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Hi to answer your question, the last time i acknowledged them was quite a few years ago. Probably 4 or 5. I just always ignored it to be honest and I did try ring the debt collection people but they ignored me (i explained to them I don't owe this debt and it was ridiculous)..no response.
I have done a online SOA calculator it says I can afford to pay 15 a month. Which means roughly in 67 months I can pay them back. How am I best putting this to them as I want to write to them.
And i would just pay 5 off but I dont even have the card anymore or login details or any knowledge of how to make a payment..so yeah

Last edited by blackguy52; 17-02-2013 at 9:30 PM.
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# 12
Angry Bear
Old 17-02-2013, 9:51 PM
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Be very careful, if it's been 6 years or more (5 in Scotland) since you last made a payment then the debt is statute barred and you can tell them to go whistle. If you think it's even close to that you should start by sending a prove-it letter here. Quite honestly I'd probably start with that anyway.

However, if you want to write to them and make an offer you should be able to find a template on the national debtlne site here.
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# 13
blackguy52
Old 17-02-2013, 11:27 PM
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Thanks alot angry bear you've been really helpful. I'm going to do that
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# 14
blackguy52
Old 21-02-2013, 8:34 PM
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Hey just to update you I used the statute barred letter template to barclays..they sent me a response saying they don't think its statute barred and they're now charging 30 per response as an admin fee..what can I do??
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# 15
rizla king
Old 21-02-2013, 9:07 PM
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Did you take the card account out before April 2007?
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# 16
blackguy52
Old 22-02-2013, 11:59 AM
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Hi well this is the thing..I have no idea. But this is all barclaycard said-

'We recieved your letter about your belief that your account maybe 'statute barred' however the last contact we have from you is in '2008' of which we responded july 16 2008.
Your card was used for a cash advance on the 20th febuary 2008 and for a purchase on the 3rd march 2008.
Therefore all claims that this is 'statute barred' are void.
Barclaycard will now charge 30 per letter sent out as we retain the right to take legal action against you. I would advice you contact Lowell Grou[, who we sold the debt to on 23rd June 2010 for any further contact,
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# 17
blackguy52
Old 25-02-2013, 2:49 AM
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bumpp
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# 18
blackguy52
Old 28-02-2013, 9:10 PM
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bump bump
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# 19
Thrifty Pixie
Old 01-03-2013, 1:19 PM
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Quote:
Originally Posted by blackguy52 View Post
Hi well this is the thing..I have no idea. But this is all barclaycard said-

'We recieved your letter about your belief that your account maybe 'statute barred' however the last contact we have from you is in '2008' of which we responded july 16 2008.
Your card was used for a cash advance on the 20th febuary 2008 and for a purchase on the 3rd march 2008.
Therefore all claims that this is 'statute barred' are void.
Barclaycard will now charge 30 per letter sent out as we retain the right to take legal action against you. I would advice you contact Lowell Grou[, who we sold the debt to on 23rd June 2010 for any further contact,
well it's not statute barred so i would write them a letter asking to pay them 5 per month and asking for details of how to do this i.e. account number to pay into, login details, etc
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# 20
blackguy52
Old 02-03-2013, 10:39 PM
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yeah..but in the letter they told me they won't respond to me anymore and to deal with this 'hampton legal' ? so do i write to them or barclaycard or both?
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