Barclaycard loan unenforceable

horselover100

I have been informed by Barclaycard that due to a mistake in way my account has been managed my account is uneforceable and can't be subject to any court action but they say I still owe them the money. They say that I can still carry on making payments if I wish to.  I ran into problems with this loan and Barclaycard froze interest allowing me to only make payments I could afford via debt collection agency.  Apparently they should not have involved a debt collection agency which is a part of the mismanagement along with other mistakes thay made.

I am not sure what do, any suggestions.

Grumpy_chap

Your post is not entirely clear what has happened.
If you were lent money, you should repay that money.
There may be a technicality that means Barclaycard cannot pursue this debt, but if you simply stop paying, and never intend to repay this will have an impact on your credit history and affect future borrowing for a long time.  

funkycredit

OP - suggest you ignore the sanctimonious poster above. If it's unenforceable then you don't legally need to pay it. They cannot issue proceedings!

Don't feel bad. The bank have conned many thousands with unlawful terms for decades. Karma time.  

Dr_Crypto

Sure but depending on what the loan was and when it was and what’s happened with the account they may be able to damage your credit record. 

Grumpy_chap

I was not being sanctimonious.
The OP applied for and received the funds and should repay.
Not repaying is still likely to damage the credit history.  In fact, depending on the details (which the OP has not given), as the lender appears unable to pursue through court proceedings, which would bring a definite end date to any impact on credit files, this outstanding debt (if it stays outstanding) may be visible and have an impact on credit files for longer.
Unless the OP gives more detail of what has actually happened, how and why, no-one can say anything else for certain.

horselover100

Grumpy_chap said:

I was not being sanctimonious.
The OP applied for and received the funds and should repay.
Not repaying is still likely to damage the credit history.  In fact, depending on the details (which the OP has not given), as the lender appears unable to pursue through court proceedings, which would bring a definite end date to any impact on credit files, this outstanding debt (if it stays outstanding) may be visible and have an impact on credit files for longer.
Unless the OP gives more detail of what has actually happened, how and why, no-one can say anything else for certain.

The only details they provided were as follows:

1/ They did not provide me with the information they should have, therefore the debt is unenforceable under the Consumer credit act.

2/ They passed the debt to a debt collection agency which they should not have done.

I am nearing 80 years old, buried deep in debt that I have litte chance of settling in my lifetime so my credit rating is of litte interest

fatbelly

horselover100 said:

The only details they provided were as follows:

1/ They did not provide me with the information they should have, therefore the debt is unenforceable under the Consumer credit act.

2/ They passed the debt to a debt collection agency which they should not have done.

I am nearing 80 years old, buried deep in debt that I have litte chance of settling in my lifetime so my credit rating is of litte interest

Then you should trot over (see what I did there?) to the debt free wannabe forum for some proper help.

As for this debt, it's now of a lower priority than the others so can be treated differently.

Let's see if we can get rid of the higher priority debt

sourcrates

horselover100 said:

The only details they provided were as follows:

1/ They did not provide me with the information they should have, therefore the debt is unenforceable under the Consumer credit act.

2/ They passed the debt to a debt collection agency which they should not have done.

I am nearing 80 years old, buried deep in debt that I have litte chance of settling in my lifetime so my credit rating is of litte interest

Hi,

Every now and then, banks run checks on themselves, just to make sure there practices are in accordance with set down procedures, occasionally they will come across accounts such as yours, where they may not have treated you in accordance with such procedures, if they treated you unfairly for missing a payment say, or for some other small infraction.

This has resulted in your account becoming unenforcable, now what that means in laymans terms, as described above, is that your debt still exists, the creditor can still write to you and ask you to pay, and they can still report to your credit file.

What they cannot do, is take you to court to force you to pay.

So given your situation, I expect over your lifetime, you will have paid inexess of this amount back to your provider in interest many times over, I would look upon this as an early christmas present from Barclaycard, and say thank you very much.

Little tip for you, if you write back to them, thank them for their letter, inform them you will take them up on their very kind offer of non payment, wish them a very merry christmas, and thank them for there dilligence in this matter, but, with regret, you don`t expect to hear from them again. You will find after a while, all will go quiet, concentrate on the debts you have that are enforcable.

Good luck to you, and have a Merry Christmas.