Confusing reply to CCA request - UPDATE post 12

Moolie

Hi all

I've been a lurker here for a while and firstly want to thank everyone for all the time they put in helping and advising others. I hope that someone will be able to advise me regarding my situation please.

We are currently on a DMP with CCCS (started in May 2009) and all our creditors have been good with freezing interest/stopping charges etc until recently. Unfortunately, Barclaycard have, for the last few months, started adding interest, late payment and overlimit charges again which is causing the debt to rise greatly every month.

This card was taken out before 2001 (I only have details going back to then but it could be even older). Should I be asking for a copy of the CCA in the hopes that they freeze charges or is this the wrong thing to do?

Thanks for your time.

Tixy

Won't hurt to request the CCA at least.
Have barclaycard defaulted you for this debt at some point?
Once you have the CCA you could then look at whether it could be unenforceable and then decide what to do (and whether to carry on paying if it isn't)

Moolie

Hi Tixy, thanks for the reply.

Mercers sent us a Default Notice in March this year. Not quite sure what this means though....

BigCraigJohn

It means you broke the agreement in 1 way or another. They can now ask for the full amount or sell your account on or take legal action etc.
It goes on your credit record for 6 years.
But they can only do it once, so if they have already they cant do again for the same account.

Tixy

Pretty much what John says. The default notice is issued before they can place a default on your credit file. This can only be placed once for each debt and will sit on your credit file for 6years.

If you (and experts on here) found the agreement to be unenforceable in a court then they wouldn't be able to do much if you stopped paying (as the worse they can do is default you, which they have already done).

Moolie

Thank you both. If I send a letter, do I carry on with payments as normal as these are made through CCCS?

Tixy

Carry on with them for now. To start you are just asking for the CCA.
Once you have it pm it to niddy (never in doubt) and he will tell you whether its enforceable or not. If he says its not thats the time to stop payments.

Moolie

Okey dokey, thanks for the help. Will send a letter off and see what happens. x

InDeepDebt

Moolie wrote: »

Hi all

I've been a lurker here for a while and firstly want to thank everyone for all the time they put in helping and advising others. I hope that someone will be able to advise me regarding my situation please.

We are currently on a DMP with CCCS (started in May 2009) and all our creditors have been good with freezing interest/stopping charges etc until recently. Unfortunately, Barclaycard have, for the last few months, started adding interest, late payment and overlimit charges again which is causing the debt to rise greatly every month.

This card was taken out before 2001 (I only have details going back to then but it could be even older). Should I be asking for a copy of the CCA in the hopes that they freeze charges or is this the wrong thing to do?

Thanks for your time.

Apologies for gatecrashing your thread but with reference to the above bold bit, does anyone know whether if you went to the FOS to claim back the charges using hardship as a factor, would you get the charges and some of the interest back?

With regards to Barclaycard, how long have you had the card. I'm currently asking for the CCA off them but it looks like they haven't got it. They haven't said as much, they've just refused to give me it.

Good luck.

Jim

Moolie

Hi Jim I have computer records (I kept my own) dating back to August 2001 but reckon it's actually from before 2000. I don't think they'll have a CCA at all from that long ago, will see what they say though.

Have they actually said you can't have a copy of your CCA??? I wonder if that's something I've got to look forward to? I think you're right though, doesn't look like they have got it as it would be far simpler for them just to send you a copy.

Good luck to you too.

BigCraigJohn

InDeepDebt wrote: »

Apologies for gatecrashing your thread but with reference to the above bold bit, does anyone know whether if you went to the FOS to claim back the charges using hardship as a factor, would you get the charges and some of the interest back?

With regards to Barclaycard, how long have you had the card. I'm currently asking for the CCA off them but it looks like they haven't got it. They haven't said as much, they've just refused to give me it.

Good luck.

Jim

From what I gather if its bank charges they will probably just award you the charge + 8% and that wont be easy.

If its credit card you could take them to court for full contractual interest but its extremely hard to calculate.

Probably better off looking on the reclaiming forum.