Credit Card debt write off

wm10001

Hello, im looking for some help. I have recently asked my Credit Card provider to provide me with a copy of my Credit Card Agreement so that I can look into claiming back PPI. The Provider has sent me a copy of the Terms and Conditions but are unable to send me a copy of the original Credit Agreement. I cannot remember exactly when I took the Card out but it must have been about ten yrs ago. The Provider is Barclays Bank. Mt question is - Is this debt Enforceable and can I request that it be written off. Thank you.

BugsyBrowne

Yes and will be until its payed.

wm10001

Thanks for that, I just thought that under the Consumer Protection Act the Lender had to provide a copy of the original Agreement to make the Debt legal.

Ben8282

Please let us know, in your own words, why you think you may be entitled to request that this credit card debt should be written off?

Do you intend to deny entering into the original agreement?

IF you actually default the card, the lack of an original credit agreement, assuming that Barclays are not subsequently able to locate it, will make it difficult for them to obtain a CCJ. It will NOT stop them defaulting the account and trashing your credit report. It will not stop the DCA chasing you.

Ben8282

wm10001 wrote: »

Thanks for that, I just thought that under the Consumer Protection Act the Lender had to provide a copy of the original Agreement to make the Debt legal.

In order to obtain a CCJ against you?

If you believe the debt to be 'illegal' suggest you contact the police and ask them to bring criminal charges against Barclaycard for engaging in 'illegal' money lending activity.

If you mean enforcable rather than legal, this is something that can only be decided by a court. Unless you are proposing bringing civil legal proceedings against Barclaycard to have this debt declared unenforcable ....

opinions4u

wm10001 wrote: »

Thanks for that, I just thought that under the Consumer Protection Act the Lender had to provide a copy of the original Agreement to make the Debt legal.

You thought wrong.

So pay up.

McKneff

Come on now, you borrowed the money, you dont deny that.

Best just to pay up and get on with your life, paying your way as the rest of us have to do.

If you dont want to pay money back, dont borrow it.

JDC14

McKneff wrote: »

Come on now, you borrowed the money, you dont deny that.

Best just to pay up and get on with your life, paying your way as the rest of us have to do.

If you dont want to pay money back, dont borrow it.

Nobody wants to pay it back! I certainly don't, I just do it anyway.

nottoolate

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

Unenforceable credit agreements

Borrowers and hirers are able to ask creditors to send them information about their credit agreements. If information is not provided within 12 working days, the debt becomes unenforceable until they get the information they asked for.


Sections 77, 78 and 79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account and hire agreements.
Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor:

• cannot:
  - make the debtor pay the debt before they're supposed to
  - get a court judgment against the debtor
  - take back anything hired or bought on credit, or take anything used as security in the agreement.
• can:
  - ask debtors to pay what they owe
  - send a default notice
  - pass information on to a credit reference agency
  - pass information on to a debt collector
  - sell the debt to someone else
  - take the case to court.

If you are a business and would like more detailed guidance, download OFT1272 - Guidance on section 77, 78 and 79 of the Consumer Credit Act 1974 - the duty to give information to debtors and the consequences of non-compliance on the enforceability of the agreement (pdf 330kb).

If you are a consumer and would like more information or you are a business that would like to send information to your customers view OFT1266 - Need information about your credit or hire agreement? (pdf 83kb)

nottoolate

BBC News - How credit card lenders can trip up when chasing debts

nomoneytoday

Do you want to trash your credit record for the next 6 years?
Will you ever want to borrow during that time without resorting to high interest sub prime lenders?