Ruddy Barclaycard!! Help!

MPLPC1982

Hi All

I'm new to here so bear with me on this one.

I had a credit card with Barclaycard some years ago now, and I was a bit naughty and didn't pay it...ever. They have no caught up with me and passed my debt onto a company called First Credit.

First Credit have informed me that they require the full balance or I will get taken to County Court and thus receive a CCJ, which I don't want. I have offered to make regualr payments to them (not yet in writing) but they have dismissed this and are still requesting that I pay the full amount. I have so far given them a payment that has kept them off my backs for a week or so.

As far as I was aware if an offer was made to make regular payments to a company to eradicate an exisintg debt then they HAVE to accept it and demanding a full repayment when this has been done is not allowed.

Help me somebody!!!

Matt

RAS

MAtt welcome

How long ago was some years ago. If the debt has not been paid or Acknowledged in writing for 6 years and there is not CCj outstanding, then you may not be liable to pay anything.

Please do not speak to them again until you have got some proper advice on this, as a number of DCAs use people ignorance of the law to get money for debts for which they have paid a pittance.

MPLPC1982

It was early 2003, the last notification I had from Barclaycard was about 3 weeks ago when they informed they were passing it onto First Credit. So I can't get out of it that way sadly. I'm trying to get an appointment with Citizens Advice but they are rarer than hen's teeth at the minute so I'm trying here.

RAS

OK Two things to do then

1. Ring one of the debt charities - CCCS and The National Debt line are open late http://www.moneysavingexpert.com/loans/debt-help-plan#help

2. Request the CCA from 1st Credit.

Wil also try and find the latest link to the OFT Guidelines because 1st credit are out of order, which is what makes me think that the CCa may not be available.

RAS

have a read of this

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Hope the link works for you.

You will note that they are not supposed to demand more than you can afford. If they are, report them to the OFT and to the Trading Standards where they are based.

MPLPC1982

Erm...CCA? Feel free to formulate your own opinion about myself, but I shall confess ignorance to all of the intricacies of these sorts of things!!

RAS

Have a look here

http://forums.moneysavingexpert.com/showthread.html?t=654419

You only need the first page or so at this stage.

Send the letter recorded delievery with the £1 statuatory fee and do not sign your name.

They have 12working days plus 2 in which to return the appropriate documentation. After that they are in default. 30 days later, you can tell them to bogoff.

things to watch:

Expect all hell to let lose as they will try to pressurise you into paying before the deadine is up. Lots of letters about the type of trouble you could get into, if and only if they actaully have the proper documents.

They may well send you back an application form.

So whatever happens, come here every time that are in touch.

Broken_hearted

Put in writing what you can afford and a SOAto back it up.

MPLPC1982

Righto, as I was informed to keep people up to date with progress on this I shall. I sent a request to the DCA for a CCA. They have replied with a letter which is quoted verbatim below.

Client: Barclaycard
(Various Ref #'s)

REQUEST FOR COPY AGREEMENT

We refer to your recent communication requesting a copy of the relevant agreement.

We will shortly be advising our client of your request and the document will be sent to you as soon as possible. This process may take at least six to eight weeks.

Should your request also include the below documents, please be advised of the following.

Deed of Assignment - we would refer you to Section 136 of the Law of Property Act 1925 which provides that the debtor is notified of the assignment of the debt in writing and not a copy of the Deed itself.

Copy statements - there is a carge of £10.00 for this information.

On receipt of the copy agreement we would expect you to contact this office immediately to arrange settlement of the debt.

Yours etc etc etc

Admin Dept

6 to 8 weeks seems an awfully long time considering they know they only have 12+2 working days then the other 30 days after that.

Any ideas? Many thanks for all your help guys.

Matt

shinyhead

It might take that long for them to find your CCA but the law doesn't allow them that length of time.

There is a letter on here somewhere to send after the 12+2 and another one for the 12+2+30 point. Some argue that they are not necessary and legally I don't think they are but for the cost of recorded delivery it's nice to chuck something back at the DCAs.:T

MPLPC1982

shinyhead wrote: »

It might take that long for them to find your CCA but the law doesn't allow them that length of time.

There is a letter on here somewhere to send after the 12+2 and another one for the 12+2+30 point. Some argue that they are not necessary and legally I don't think they are but for the cost of recorded delivery it's nice to chuck something back at the DCAs.:T

Don't suppose any of you lovely people has any idea where I can find these letters do you?