Unenforceable Agreements

Elstree20

Hi

Hoepfully someone will able to help .I have managing my DMP for the last 18 months with some success . However one particular problem I had was with Barclaycard who despite numerous letters just ignored my offers of payment and continued to hound me and add interest and charges . eventually after 6 months of this I asked for my credit agreement and sure enough they could not find it and instead sent me a set of terms and conditions. I knew this was not correct and set them a letter informing them that this agreement was in my opinion unenforceable . Amazingly I got a letter back agreeing with me . Since then I have been sent numerous letters from Mercers and now Calders Financial using the normal threats inlcuding home visits etc. Now these do not bother me as I have heard it all before but my question is now that I have Barclaycard agreeing their debt is unenforceable do I still continue to try and agree a payment ( I have reduced my payment to £1 since I got the letter) or do I ignore them? I would prefer to pay it off but am wary of opening up dialogue with these people again. thanks in advance

DarnIt_3

You should of cancelled your payment the second they agreed it was not an agreement, by not doing this it looks as if you accept the debt.
Stop paying and ask them to prove you owe the debt.

AGB863

For your information Calder Financial is part of Mercers and Mercers is part of Barclays!

Elstree20

Thanks very much for advice much appreciated

thechippy

You could either carry on paying the £1, or pay nothing and sit out the statute barred period of 6 years. You are preventing it being statute barred all the time you are paying or acknowledging the debt in any way.

Barclays have a habit of passing it around dca's rather than selling it on. It will probably go to debt managers ltd next.

If the did try their luck in court, a complete lack of an agreement still remains a valid defence in itself, but you would need to be confident in tackling this yourself.