Barclays unable to provide CCA

NZ4ME

Hi, I have been on debt repayment plans for over 5 years and have managed to reduce my debt by half. I was originally in Debt by over £100k and have now reduced it to around £52k. However I was sick earlier in the year which meant my earnings were down and I struggled to keep a couple of payments. I wrote to Barclays to explain the situation who basically said tuff I had defaulted on the agreed payment plan! So much for being a caring bank! I would have thought the fact that I had kept up payments for almost 5 years I would have been given some help but no. So my debt was passed over Debt Managers who tried to harass me and threaten me with all sorts so I though sod it I'll play their game. So I sent a CCA request. They replied saying that the request had been sent back to Barclays and they would await a response. I waited and waited but heard nothing until yesterday when they wrote back saying that Barclays have not been able to provide a CCA and they have handed the debt back to Barclays....so my question is..now what. Do I just leave it? do I send a CCA request to Barclays? should I carry on paying? If I stop how do I get the debt written off. Normally I would not take this approach but sometimes these banks just do not play fair. I agree the debt was my fault...even if I can't actually remember what I used the money for..back in my 20's it was all a blur! I have tried my hardest to keep to the repayment plan..but the banks do not help themselves! So the question is what next! Any help would be appreciated….Thanks.

pure_dead_dopey

Hi NZ

Loads of UE info here http://forums.all-about-debt.co.uk/index.php, definitely worth a look.

DVardysShadow

NZ4ME wrote: »

So I sent a CCA request. They replied saying that the request had been sent back to Barclays and they would await a response. I waited and waited but heard nothing until yesterday when they wrote back saying that Barclays have not been able to provide a CCA and they have handed the debt back to Barclays....so my question is..now what. Do I just leave it? do I send a CCA request to Barclays? should I carry on paying? If I stop how do I get the debt written off.

If you can use UE, it is potentially a very effective way of dealing with debt, but also one of the least satisfactory if you are looking for closure.

Effectively you have won UE in your case with the admission of no CCA. Now the banks have wised up to it, you will not expect to get anything more than what you have - an admission of no CCA, which means that they would be wasting their time taking it to court.

But because all you have is a letter saying there is no CCA, you now enter a standoff until the debt becomes Statute Barred. You could continue with your payments or token payments, but then you reset the clock for statute barring every time you make a payment. There is a slight risk that the CCA becomes found before the debt becomes Statute Barred, in which case the debt becomes enforceable again. If you do want closure, I suppose a F&F is possible, although I can imagine they will not do this for uneneforceable debt as a matter of policy

Broken_hearted

A stand off can be less stressful than it seems. With Halifax they kicked up a bit of a fuss to start with, now they send a statement once a year and we send a we do not acknowledge this debt letter back.

DGJsaver

DVardysShadow wrote: »

I suppose a F&F is possible, although I can imagine they will not do this for uneneforceable debt as a matter of policy

This doesnt make sense , why then do DCA`s do their best to try and sell debtors a `once in a liftetime full and final settlement` offer , on blatantly UE accounts ?

saltnvinegar

DGJsaver wrote: »

This doesnt make sense , why then do DCA`s do their best to try and sell debtors a `once in a liftetime full and final settlement` offer , on blatantly UE accounts ?

Isn' there the scenario that the DCA may have bought the debt from the OC?

The OC 'didn't know' the debt was unenforceable when they sold it.

The DCA is then left gnashing their teeth that they have a debt they know they potentially could never make a profit on hence the F&F offer.

I love it when they shaft their own!

SnV

Broken_hearted

They buy it for pennies so anything they get is a profit. As far as I was awre individual debts anrnt bought as such, they get huge batches sent over for a set price.

NZ4ME

Thanyou everyone for your advice. So basically I have two options sit tight and wait for the debt to disappear? 6 years? or make an offer of f&f? If I make an offer of f&f does that not say to the bank that I'm admitting the debt to be mine? Which means they can come after me again? I have been dealing with banks for over 5 years with regards to these debts and I know how crafty they are. If I sent a CCA request to Barclays themselves (the last request went to Debt management Ltd) would that stop them selling the debt on? Which would hopefully mean they could not keep chasing until they provide a credit aggreement. I would like to clear my debt as its effecting my chances on moving house so I really need to clean this mess up. It looks like I will be made redundant in a few months which should hopefully give me a small amount to pay these debts off. As they have no credit aggreement I was planning on putting an offer of 40% in....any idea what my chances are? Appreciated. m

DarkConvict

They can trash your file for 6 years until the debt goes statute barred, it will then take a further 3 years for the late payment markers to fall off. So a total of 9 years if you intend to sit tight on not pay.

F&F offers are admission of the debt, so will reset the 6 year statute barred clock, but it does not mean the agreement becomes unenforceable. Lack of a CCA only stops court action, in OFT's own words the debt is still owed.

Creditors do not have to accept F&F offers, but without a CCA they are more likely to accept one. Having defaults and late payments will cause you to get a higher rate on a mortgage, defaults take 6 years to come off and 3 years for late payments, so moving house any time soon should not be in your mind as there is long term pain for a high rate mortgage.

pepe2008

DGJsaver wrote: »

This doesnt make sense , why then do DCA`s do their best to try and sell debtors a `once in a liftetime full and final settlement` offer , on blatantly UE accounts ?

BECAUSE THEY ARE STUPID, MONEY-GRABBING, BOTTOM-FEEDING SCUMBAGS?

...possiby?:D

NZ4ME

ok, so the fight goes on. I fully agree with Pepe2008 but I made this mess so its down to me to clear it up. I've got rid of over half so I'm not giving up now! If only I'd not been so stupid in my teens when banks were throwing money at me left right and centre. I had almost £100k worth of credit by the time I was 25! crazy.......and at that age why would I have thought about the future! Now I have a family 3 kids etc....if only the banks were so happy to help now! rant over!