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  • FIRST POST
    • scunner
    • By scunner 10th Oct 16, 8:36 PM
    • 42Posts
    • 1Thanks
    scunner
    Consumer Credit Act 1974
    • #1
    • 10th Oct 16, 8:36 PM
    Consumer Credit Act 1974 10th Oct 16 at 8:36 PM
    One of my creditors (Barclaycard) have removed an account from my Experian credit file as they now agree that it's not an active account. However, Barclaycard did not send me a Notice of Sum of Arrears as required by the CCA. Is this grounds for having the debt written-off completely? Barclaycard also no longer send me annual statements which I thought was also a requirement of the CCA.

    Grateful for any opinion or guidance on this please!

    Thanks
Page 1
    • sourcrates
    • By sourcrates 10th Oct 16, 8:45 PM
    • 8,365 Posts
    • 8,194 Thanks
    sourcrates
    • #2
    • 10th Oct 16, 8:45 PM
    • #2
    • 10th Oct 16, 8:45 PM
    Hi,

    Debt written off ? No.

    However your debt is unenforcable as long as they fail to send you annual statements, and there is still a balance owing.

    This can be rectified easily by them sending you a statement, but for the period no statements were sent, the agreement would be unenforcable, also any interest or charges made in the same period must also be refunded to you.

    Can you explain a little more about your particular situation please ?

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
    • scunner
    • By scunner 15th Oct 16, 6:00 PM
    • 42 Posts
    • 1 Thanks
    scunner
    • #3
    • 15th Oct 16, 6:00 PM
    • #3
    • 15th Oct 16, 6:00 PM
    Hi Sourcrates. Thanks for the reply. In trying to explain further, I think there are two aspects to this. (A) I queried why this account was still shown on Experian as an "Active Account" as the balance outstanding contributes towards making my already poor credit score even worse as it suggests I have access to a certain amount of additional credit which isn't the case at all. Barclaycard have agreed to remove the account (which defaulted over 6 years ago in any event) as an act of goodwill. Barclaycard have now transferred ownership of the account to Asset Link Capital. I haven't received a statement from Barclaycard for years. (B) In 2014 Cahoot wrote-off the debt I had with them for some reason and although I don't remember them being explicit about why it was written-off (although I did ask) I thought it was because they hadn't sent a statement since the time the account defaulted. Cahoot then sent a letter in April 2016 saying that due to a system error, they didn't send me a Notice of Sum in Arrears which the CCA 1974 apparently states should have been issued after 12/10/2010. Their letter says they charged me £829.56 in default sums and interest "during this time" by which I think they mean October 2010 to the date in 2014 on which they wrote the amount off. The table in their letter gives the following info: Total of interest and default sums (A) £829.56. Minus Interest Repaid (B) £52.90. Remaining interest and default sums (A-B) (C) £776.66. Waived balance on credit card (D): £4,473.52. Remainder (C-D) (E) Nil. Refund amount (B+E) £52.90. I'm probably confusing two completely different things here; I've never understood why Cahoot wrote the balance off but in some ways it seemed similar to the situation with Barclaycard and I wondered if there was then any relevant legislation I could use to have the balance of the Barclaycard account written-off. Really grateful for any help with this!! Particularly as I want to reply to Barclaycard once I'm more sure of the relevant grounds etc.
    • sourcrates
    • By sourcrates 15th Oct 16, 6:40 PM
    • 8,365 Posts
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    sourcrates
    • #4
    • 15th Oct 16, 6:40 PM
    • #4
    • 15th Oct 16, 6:40 PM
    Normally the only way a debt can be written off, without the creditor suddenly finding religion, and wanting to make amends for past wrongs, is if they cannot produce a valid credit agreement.

    I hear what your saying, but nowhere in the consumer credit act does it say a debt must be written off if the debtor is not Informed of sums in arrears.

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
    • scunner
    • By scunner 17th Oct 16, 8:55 PM
    • 42 Posts
    • 1 Thanks
    scunner
    • #5
    • 17th Oct 16, 8:55 PM
    • #5
    • 17th Oct 16, 8:55 PM
    Thanks again Sourcrates. I doubt if any of my creditors have suddenly found religion (!!) and especially one or two of the diehards. I think it might be of some benefit however to contact those who haven't sent me an annual statement and ask to have the same type of adjustment made as by Cahoot - this to include Barclaycard. If that legislation applies to one it should surely apply to all such accounts? Would that be a relevant thing to do please?
    • sourcrates
    • By sourcrates 17th Oct 16, 8:58 PM
    • 8,365 Posts
    • 8,194 Thanks
    sourcrates
    • #6
    • 17th Oct 16, 8:58 PM
    • #6
    • 17th Oct 16, 8:58 PM
    Thanks again Sourcrates. I doubt if any of my creditors have suddenly found religion (!!) and especially one or two of the diehards. I think it might be of some benefit however to contact those who haven't sent me an annual statement and ask to have the same type of adjustment made as by Cahoot - this to include Barclaycard. If that legislation applies to one it should surely apply to all such accounts? Would that be a relevant thing to do please?
    Originally posted by scunner
    Yes by all means do so.

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
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