Pre 1974 Credit Card

Piffy

Hey All,
this is my first post in relation to debt on here but I know how helpful you all are so here goes

We have been dealing with my Dad's debts now for many years, from which we had 10 and now have 6 left, of which 5 are Credit Cards.
Four of them are being repaid monthly at the moment.
The other two are more difficult, both of them are former Barclaycard cards.
Both were with Moorcroft, and up until 6 month ago Barclaycard A was being paid until Moorcroft said that they no longer dealt with this debt, 2 months ago we received a calling card from Calder Financial (or Barcalys :-) ) of which I complained and is now being deal with.

Barclaycard B the subject of the title and the essay :-)
Was given to Moorcroft we asked them to send proof of the debt which they send an application form signed and dated 1970.
Since then we have heard nothing for over 2 years, until last thursday, when we receive a letter from Caboot and Barclays saying that Caboot now had the debt. And as normal we have had nothing but phone calls and tonight I snapped and afraid I argued with the man on the the phone - mainly because he called me presumptuous and a liar so I had a go back.

I would like your advice on where I (well my dad) stand with this debt?
I (my dad) would like to send a letter to them asap.

Best to sort out a replayment plan?
OR have been told to send a statue barred letter but not sure this applies. Barring in mind we have made no repayments on this Credit card for at least 2 years if not longer (but not 6 years)

Any ideas on how best to tackle this letter?

Many Thanks in advance

Piffy

izools

As the debt was taken out before the consumer credit act came into play it is not governed by the consumer credit act, just contract law.

As such it is likely that the debt is enforcable.

Calculate how much you can afford reasonably, without really noticing it, fill in the budget planner on the national debtline website, be conservative, and fire this off to the DCA, along with a covering letter, and a cheque for the first payment, and request they return with bank details so you can set up a standing order for further payments. You can also reccind permission to be contacted by telephone in the letter, demand that all further correspondence is in writing, and that any further phone calls would be considered a breach of the telecommunications act.

I'm not an advocate of wrangling out of debts, if you hadn't paid for six years that would be a different matter, as the debt would be legally unenforcable, but as it stands, I would imagine you'll just end up with a CCJ if you try to fight this one

Piffy

Thanks izools.
I thought that would be the case. Which is why I asked about that Statue Barred letter (?) My dad (with my help) is trying to pay back all we can, as he would never try to wrangle out of things, we had budgeted for this when we first started to tackle the debts but due to lack of contact had no one to send the money to without being sure the right people had the money.

Will do as you suggest as this was the course of action I was working on anyway.
Thanks for your help.

never-in-doubt

Have a read here: Unenforceability & Template Letters

Statute barred kicks in (under limitations act) after 6yrs of non acknowledgement or payment of debt (5yrs in Scotland).

Even though this was pre-CCA you can still utilise the act as the bank now comply thus rendering any older agreements retrospectively inclusive..... put it this way, do they report the account to the CRA's? If so, they too are breaking the act. However, you can utilise unenforceability and although BC will try and tell you otherwise, they would be bluffing you.

Regards to any CCJ or default that may be added, assuming your dad is in his 70's, it wouldn't matter so it may be best to ignore the DCA's and report them for harassment if it continues: Dealing with Bailiffs Harassment. If he's under 70 he won't be far off it so unless he needs credit again then best to probably ignore them and eventually they will go away.....

Have a read of those threads and post on there if you want specific help or advice.

Piffy

Thanks never in doubt.

That was a great thread you sent me to.

From looking at my records that I have access to at the moment, the account has been passed from BC, Mercers, to Alliance One, To Moorcroft and now to Caboot and we have never acknowledged this debt, all we have received is the Application form signed in 1970.
It has definatly been 3 years since we paid any towards the debt but is likely to be longer than this.

I have sent off an harassment letter as suggested and have read the thread you kindly put a link to.
After thinking about this I think the best option is to send off the Satured barred letter? Is it the case that the worst they can do is brush us off?

My dad is close to retirement and to be honest we want to try and clear the debts before then, as when he retires theres no way there will be money left to pay these people off, so we will be trying over the next months to see where we stand with the monies he owes.

As this is new to me, as it used to be my sister who did all the letter writing your help is greatly apprciated as I'm really not sure about this one at all - in comparison the others are straight forward really.

So thanks never-in-doubt for your advice and future help.

:beer:

never-in-doubt

Piffy wrote: »

Thanks never in doubt.

That was a great thread you sent me to.

From looking at my records that I have access to at the moment, the account has been passed from BC, Mercers, to Alliance One, To Moorcroft and now to Caboot and we have never acknowledged this debt, all we have received is the Application form signed in 1970.
It has definatly been 3 years since we paid any towards the debt but is likely to be longer than this.

I have sent off an harassment letter as suggested and have read the thread you kindly put a link to.
After thinking about this I think the best option is to send off the Satured barred letter? Is it the case that the worst they can do is brush us off?

My dad is close to retirement and to be honest we want to try and clear the debts before then, as when he retires theres no way there will be money left to pay these people off, so we will be trying over the next months to see where we stand with the monies he owes.

As this is new to me, as it used to be my sister who did all the letter writing your help is greatly apprciated as I'm really not sure about this one at all - in comparison the others are straight forward really.

So thanks never-in-doubt for your advice and future help.

:beer:

Hiya

Ok, do not send a statute barred letter unless you are 100% certain the last payment was made 6+ years ago - if you do you're acknowledging the debt! Do not fall into that trap....

As I said earlier, you'd be best to cease all payments - they cannot touch your dad, he isn't going to need any credit from now til the end is he? Sorry to be blunt but thats the way to look at it - therefore any default registered will have no impact on him.

What you need to do is get his Experian & Equifax credit file, this will show exactly what has been going on and what is owed and when the last payment was made on all his accounts.

Just be careful you don't make things worse - before sending any letters get the credit reports sorted (send £2 off for the statutory report).

Good Luck and post back for additional info if you need it.... we're here to help so be patient, after all what is the rush?....