F&F on unenforceable debt

InDeepDebt

I have a debt with Barclaycard. I've requested a copy of the CCA but, to date, they have not supplied me with one. They've given me some current terms and conditions and some T&Cs from well after I took out the card - but that's it. I already have a default on the account and have now stopped paying - haven't paid for two months now.

I could just wait six years for this to all move on but I like to tidy up.

Do you think that it's worth offering an extremely reduced F&F (10%) with the aim of paying no more than 20%?

What do you think my chances are? Obviously, I'd have to word the letter carefully but...

Thanks in anticipation

Jim

pepe2008

Offering any payment admits the debt. As you have made requests for the CCA with a letter headed 'I do not acknowledge any Debt to your Company' this may appear a bit contradictory.
I take it that Bcard have sent you those T&C's claiming that these are suitable under the Cancellation Notices and Copy Document Amendments 1983? They still need to supply you with a Copy of the Original to get past a Court.
I would tough it out and wait, but beware if they try and get a CCJ via Northampton Bulk Centre, they are rubbish and seem to forget the basics of English Law....such as 'proof'.

InDeepDebt

Thanks for the quick reply.

Surely I’ve acknowledged the debt already though by paying it for x years. I realise that offering them a F&F resets my six year statute barred flag to now, I still have five years and ten months left to wait for the debt to go statute barred anyhow.

I thought that the point of a CCA was to see whether a debt was enforceable under the Customer Credit Act. You are still admitting that you have the debt – that is until you stop acknowledging it.

Onto the CCJ bit. I’m a bit new to all this but can a creditor get a CCJ in my absence? Surely they need to go to a court and ask a judge and they need to advise me that they are going to do this. They’ll no doubt do this after 5 years – all I do is turn up with my paperwork and ask them to provide the CCA. If they can’t, would a judge still award a CCJ?

Sorry for so many questions. I’m just confused with all this.

I know that I’m probably worrying over nothing but that’s the way I am.

Cheers

Jim

NorthernLas

Jim -

If you are requesting a CCA, there is a process that you should follow (listed in the diagrams of unenforceability III and IV). It involves sending letters and follow-ups and then you telling them that the debt is not enforceable. They may disagree and may sell the debt on and may continue to try and collect.

If the debt is still with Barclays and you have only just stopped paying, they are extremely unlikely to accept a low F&F.

A creditor cannot get a CCJ in your absence. If they decided to go down this route, their default and notice of termination and CCA ould all have to be OK.

Unenforceability IV https://forums.moneysavingexpert.com/discussion/2532927 you can get to III from the first post on this thread.

InDeepDebt

This is the final letter that I sent them

http://forums.moneysavingexpert.com/showpost.html?p=33792637&postcount=45

Jim

NorthernLas

Seems like you followed the process, if it is not enforceable they cannot take you to court. I would ignore for the time being.

I'm not sure whether there is much difference between a default and a settled default for your credit rating - the default stays anyway for 6 years.

DarkConvict

A creditor can get a CCJ in your absense. They issue a CCJ at the last known address. If you do not defend the CCJ then they win by default.
If they go for a CCJ, you need to enter the defence that there is no enforceable credit agreement for this debt and therefore a CCJ cannot be granted on these grounds. The creditor will then lose in court and not get a CCJ against you.

If they do get a CCJ in your absense and you had no chance to defend, you can have it set aside.

The advantage of knowing they have no CCA to use is that they are going to be more willing to accept payment offers, otherwise you can just state you will not pay. Accept the credit file damage and wait 6 years for it to go statute barred.

InDeepDebt

Thanks for the answers. Cleared a few things up.

I realise that the debt will become either statute barred in just under six years, the default will also drop off and now know that they shouldn't be able to get a CCJ.

It's just that 20% of the balance would be worth it for me just for peace of mind that they won't, in the future, find the signed copy or something. It would also draw a line under, or rather, through that debt.

Jim

Fribourg

InDeepDebt wrote: »

just for peace of mind that they won't, in the future, find the signed copy or something

If they didn't find a copy now, they won't find one in the future either. So you should be ok now