Old Barclaycard debt

Lola41

Hello!

I'm new to the site but not to being in debt! I'm hoping someone can answer a few questions for me.

I have an old Barclaycard debt which Fairfax solicitors are dealing with. I've asked for the CCA and they have sent me the application form I originaly signed. They said in the letter all they have to supply me with are the original terms and conditions, (which they did not include) is this right? And if not is there a letter I can send them please and what should I do now?

Also this debt does not show on my credit file as it is so old. Can they place a default on my credit file? I've just got it cleared! The debt is not statue barred as I have made payments in the last couple of years.

Thank you anyone for your help!

Lola:)

pixiechick_2

Perhaps you could ask never-in-doubt, he's the expert on CCAs!

Lola41

Thanks for that. How do I contact him?

never-in-doubt

Lola41 wrote: »

Hello! - I'm new to the site but not to being in debt! I'm hoping someone can answer a few questions for me.

Hiya :wave:

Lola41 wrote: »

I have an old Barclaycard debt which Fairfax solicitors are dealing with. I've asked for the CCA and they have sent me the application form I originaly signed. They said in the letter all they have to supply me with are the original terms and conditions, (which they did not include) is this right? And if not is there a letter I can send them please and what should I do now?

No it is not right! They need to send the CCA which should embody the prescribed terms, the application form is non compliant and the account is unenforceable - respond to Fairfax with the following: CCA Query

Lola41 wrote: »

Also this debt does not show on my credit file as it is so old. Can they place a default on my credit file?

Nope, if it has already run the 6 year course then it will be gone for ever - you can only have one default per debt. So chances are the 6 years have expired meaning the default will be gone forever. They can only add a CCJ now but that is assuming they take court action, as you can see from my signature, no court action can be taken on an unenforceable account which this is. So basically, no they cannot do anything to you ever again!

Lola41 wrote: »

I've just got it cleared! The debt is not statue barred as I have made payments in the last couple of years.

Quite right, it will be SB'd after 6 years from last payment. The fact you are claiming unenforceability right now is NOT acknowledgement of the debt, as you'll see the letter refers to the alleged account - not my account

Good luck and post back here when you hear back from them, and i'll advise accordingly.

Lola41

Thanks for that.

Sent letter today. I shall keep you posted!

Thanks again:rotfl:

Lola41

Hello again.

Had a reply from them. Think my letter may have crossed in the post. They've said they will commence court proceedings or send a doorstep collector without further notice. The address they have is my mothers and I use it as a care of address. What should I do now? Do I just sit and wait? Thing is I've just got my credit clear and don't want a CCJ. Can they def not take me to court if they only have the original application form which does have my signature.

Just a little worried!!:o

never-in-doubt

Lola41 wrote: »

Hello again.

Had a reply from them. Think my letter may have crossed in the post. They've said they will commence court proceedings or send a doorstep collector without further notice. The address they have is my mothers and I use it as a care of address. What should I do now? Do I just sit and wait? Thing is I've just got my credit clear and don't want a CCJ. Can they def not take me to court if they only have the original application form which does have my signature.

Just a little worried!!:o

Its a shame you made a payment a couple of years ago - it would be better to arrange repayments if you want to keep your credit file intact as if they get a CCJ then it'll knacker it for 6 years.... however they cannot get a CCJ with an UE agreement, s.127(3) and s.65(1) of CCA prohibits a judge from making such judgement so it is easy to get set aside.

Its up to you really what you do - if you can scan and email the me agreement thing they sent you i'll be able to confirm if it is enforceable or not..... that will put your mind at rest maybe?

Lola41

Hello!

I'll scan the app and send it to you thanks. I've just received another letter from them offering me a substantial discount if I reply within 10 days. Although they don't say how much. Do you think this is because they know they cannot enforce it or are they giving me a last chance sort of thing?

Cheers:rotfl:

DGJsaver

Lola41 wrote: »

I've just received another letter from them offering me a substantial discount if I reply within 10 days. Although they don't say how much. Do you think this is because they know they cannot enforce it or are they giving me a last chance sort of thing?

Blatantly :beer:

never-in-doubt

Lola41 wrote: »

Hello!

I'll scan the app and send it to you thanks. I've just received another letter from them offering me a substantial discount if I reply within 10 days. Although they don't say how much. Do you think this is because they know they cannot enforce it or are they giving me a last chance sort of thing?

Cheers:rotfl:

Hiya

Yes please scan it and send it to me - do you have my email? If not then PM me and i'll give you it. Yea they are trying their luck, don't worry - lets see what they have sent first

Lola41

Thanks again for your help. I'll keep you posted!

:j