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PPI claim on 8 year old defaulted credit card.
intempo
Posts: 18 Forumite
Hi i am looking for some advice, firstly let me apologise in advance for my poor spelling and grammar.
Im going to try and keep this short and to the point. I have today received a letter from Barclaycard stating that they may have miss sold me PPI, it refers back to a complaint i made in 2008 and they dismissed it. they have re opened the case and are asking me to supply lots of information before 6th of October.
I took out my Barclaycard in 2001 and was told in branch that if i didnt take out PPI the chances of my application being successful where slim to non. I was also told that if i didnt agree to it that it was not worth there time processing the aplication. Anyway i reluctantly agreed and that was that. in 2008 after paying an amazing amout of PPI because my balance was around £10,000 i lost my sorce of income. I was a business owner so was working for myself but times where hard in 2008 as you may rember. i was unable to pay myself a wage and got in touch with Barclaycard to tell them i had no income. they told me the PPI on the card would not cover my payments because technically i was still employed.
The resulting conversation was not a nice one and endded up in me stating i have paids £1000's for some thing i never wanted and is worthless. i recived a letter 2 weeks later telling me that the PPI had been cancelled. I did not ask for this to be done they just did it. well 2008 went tits up for lots of people including me and i missed every payment from march 2008 onwards.
My card went into default along with every other line of credit i had and my buisness went to the wall. i had no work for around 12 months and then got some part time work back end of 2009. I went to the CAB the end of 2009 to ask for advice on how best to deal with circa £42,000 of debt and they wrote to all of my creditors who all wrote back and said no to the proposed payment arrangement with the little income i had. I was never in a position to pay them in the amounts they where asking for so looked to declare myself bankrupt. At the time i needed around £700 to do this and every time i tried to save some thing would come up and i was back to square 1. I felt helpless and could not find any full time work so i stupidly buried my head and ignored every thing the creditors sent me. every thing was passed on to debt collection agency and they too got ignored.
The last letter i got from any debt colectors was about 12 months ago and then they all stopped. it turns out that 6 years after the last time i acknowledged my debts they stoped chasing me. Ironically i got a full time position at work around the same time they stopped asking for money.
about 6 weeks ago i saw an add for clear score on tv and when it said no bank account needed to get your credit score i thought i would give it a go. my credit score was about 360 out of 700 and it said it was about average. It also showed no sighn of bad debt or anything els oustandind with the exception of a missed payment to British gas 18 months ago. straight away i applied for my first bank account in 8 years and got it. it also recommended curtain things that would improve my credit score one of wich was to put my self on the electrol roll. i did this then out of the blue i get this letter from Barclaycard.
sorry for the long read but here is the questions:
Is it just coincidence that they send me a letter at the same time i put myself back on the radar?
If Barclaycard sent me a letter 6 years ago to say there had sold my debt on is the anyway i still owe them money?
Is it worth me collecting all the info they want and moving forward with a claim?
I feel bad that i was never able to pay the balance that was on the card but belive me i sat down 3 years ago and added up all of the PPI around £160 p/m and it was well in exes of what i owed them.
any and all advise is appreciated and again sorry for the long read.
Im going to try and keep this short and to the point. I have today received a letter from Barclaycard stating that they may have miss sold me PPI, it refers back to a complaint i made in 2008 and they dismissed it. they have re opened the case and are asking me to supply lots of information before 6th of October.
I took out my Barclaycard in 2001 and was told in branch that if i didnt take out PPI the chances of my application being successful where slim to non. I was also told that if i didnt agree to it that it was not worth there time processing the aplication. Anyway i reluctantly agreed and that was that. in 2008 after paying an amazing amout of PPI because my balance was around £10,000 i lost my sorce of income. I was a business owner so was working for myself but times where hard in 2008 as you may rember. i was unable to pay myself a wage and got in touch with Barclaycard to tell them i had no income. they told me the PPI on the card would not cover my payments because technically i was still employed.
The resulting conversation was not a nice one and endded up in me stating i have paids £1000's for some thing i never wanted and is worthless. i recived a letter 2 weeks later telling me that the PPI had been cancelled. I did not ask for this to be done they just did it. well 2008 went tits up for lots of people including me and i missed every payment from march 2008 onwards.
My card went into default along with every other line of credit i had and my buisness went to the wall. i had no work for around 12 months and then got some part time work back end of 2009. I went to the CAB the end of 2009 to ask for advice on how best to deal with circa £42,000 of debt and they wrote to all of my creditors who all wrote back and said no to the proposed payment arrangement with the little income i had. I was never in a position to pay them in the amounts they where asking for so looked to declare myself bankrupt. At the time i needed around £700 to do this and every time i tried to save some thing would come up and i was back to square 1. I felt helpless and could not find any full time work so i stupidly buried my head and ignored every thing the creditors sent me. every thing was passed on to debt collection agency and they too got ignored.
The last letter i got from any debt colectors was about 12 months ago and then they all stopped. it turns out that 6 years after the last time i acknowledged my debts they stoped chasing me. Ironically i got a full time position at work around the same time they stopped asking for money.
about 6 weeks ago i saw an add for clear score on tv and when it said no bank account needed to get your credit score i thought i would give it a go. my credit score was about 360 out of 700 and it said it was about average. It also showed no sighn of bad debt or anything els oustandind with the exception of a missed payment to British gas 18 months ago. straight away i applied for my first bank account in 8 years and got it. it also recommended curtain things that would improve my credit score one of wich was to put my self on the electrol roll. i did this then out of the blue i get this letter from Barclaycard.
sorry for the long read but here is the questions:
Is it just coincidence that they send me a letter at the same time i put myself back on the radar?
If Barclaycard sent me a letter 6 years ago to say there had sold my debt on is the anyway i still owe them money?
Is it worth me collecting all the info they want and moving forward with a claim?
I feel bad that i was never able to pay the balance that was on the card but belive me i sat down 3 years ago and added up all of the PPI around £160 p/m and it was well in exes of what i owed them.
any and all advise is appreciated and again sorry for the long read.
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Comments
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If you havent pid anything to the debt in 6 years from the default date, the debt is statute barred.
You can make a complaint about the PPI , any successful redress will first be paid owards the debt you owe [ you still owe it, they just can't take you to court for it]
ou could look into whther being self employed meant the terms were too onerous to have been followed, but I'm not sure that would wrok, since you probably would have had to have signed on to get the benefit of PPI which you didn't do.
Make a complaint anyway, see what happens.
FYI, credit score numbers mean nothing, you could have signed up for a free momth with Experia or paid £2 to look at your cedit report which would have had the same result.Non me fac calcitrare tuum culi0 -
Thank you very much for your replyIf you havent pid anything to the debt in 6 years from the default date, the debt is statute barred.
Yes this make sense with what i have read and also fits the time line.You can make a complaint about the PPI , any successful redress will first be paid owards the debt you owe [ you still owe it, they just can't take you to court for it]
The Barclaycard debt went from Barclaycard to 3 different debt collection agencies over the 6 years the last of wich said i had a 1 time only chance to clear the debt at a 95% reduction and would take about £600. this was just before i got back into full time work. Do you think the is anthing still due to Barclaycard as they sold the debt on?ou could look into whther being self employed meant the terms were too onerous to have been followed, but I'm not sure that would wrok, since you probably would have had to have signed on to get the benefit of PPI which you didn't do.
From memory this is exactly what they said.Make a complaint anyway, see what happens.
FYI, credit score numbers mean nothing, you could have signed up for a free momth with Experia or paid £2 to look at your cedit report which would have had the same result.
Barclaycard have set the ball rolling them selfs i just dont know if i would be playing into there hands by giving them the info they want.
The reason i never did an experia search is because you have to have a bank account to do it thats why when i saw you dont with clear score i went for it.0 -
Do you think the is anthing still due to Barclaycard as they sold the debt on?
Have Barclaycard actually sold the debt or are they using third party collection agencies?I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
Have Barclaycard actually sold the debt or are they using third party collection agencies?
From memory the first collection agency was appointed by barclaycard or where there collection department by another name and then it got passed over another 2 times so i assumed it was sold on.0 -
From memory the first collection agency was appointed by barclaycard or where there collection department by another name and then it got passed over another 2 times so i assumed it was sold on.
You cant assume. Most of the banks got rid of their in-house collection departments and used third party collection companies.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
Thank you for your reply. So i suppose what i need to find out 100% is if the debt was sold on. If i can't find any of the old letters is the any other way to find out without speaking to Barclaycard, my worry is if i engage them in a conversation on the matter will they take that as me acknowledging the debt if it still remains with them? im sort of just thinking i should ignore this letter from them and just leave all this stuff in the past. they had over £12500 in PPI from me over 8 years and i owed them just under £10000 when i lost the ability to make my payments.You cant assume. Most of the banks got rid of their in-house collection departments and used third party collection companies.0
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Thank you for your reply. So i suppose what i need to find out 100% is if the debt was sold on. If i can't find any of the old letters is the any other way to find out without speaking to Barclaycard, my worry is if i engage them in a conversation on the matter will they take that as me acknowledging the debt if it still remains with them?
Doesn't matter if you did talk to them about the debt account, it's statute barred, they cannot take you to court for it, you can stop any collections agencies with 'it's statute barred' letters [they may well write and say, you paid something 2 yers ago' because they have a habit of lying like that but don't worry about that] You aso don't need to know if it was sold on.
As I've said, any successful complaint will see any monies you owed paid first. Anything left over would be yours.
No reason not to carry on with it.Non me fac calcitrare tuum culi0 -
You cant assume. Most of the banks got rid of their in-house collection departments and used third party collection companies.
Right i have spent a lot of today sorting through old paperwork reffering to my old Barclaycard account.
In August 2008 Barclaycard withdrew my card for 3 months non payment
In September 2008 Mercers started to chase the debt on behalf of Barclaycard
In November 2008 Calder Financial started to chase the debt on behalf of Barclaycard
In July 2009 Moorcroft started to chase the debt on behalf of Barclaycard
In March 2010 Wescot started to chase the debt on behalf of Barcalycard.
now here is where the is a gap in my paper work and the next thing i have is a letter from Robinson Wayon April 2011 chasing the debt but claim it to be on behalf of ( Capquest ex Barclaycard )
Next is a letter from Drydens Lawyers chasing the debt and say there are doing it on behalf of there client Capquest.
i can only assume that barclaycard sold mydebt to Capquest some point Pre April 2011 but i have no literature i can find to confirm this.0 -
Don't worry about it, your debt is statute barred now.Non me fac calcitrare tuum culi0
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