Hi DX, Thanks for the information as always. I haven't submitted a SAR, although I am pretty sure that I didn't take out the PPI (It was an online application and I think I unchecked the box) but it might be worth checking. Just to confirm, would the SAR always go to Halifax, or would it potentially go to iQor if they have bought the loan? Its more likely to be irresponsible lending based on my history at the time and earnings! Lol It went into default pretty quickly after I took out the loan, but I could give it a try. I know that there were some charges, but I don't think that it was a lot - althought they might have added some solicitors fees etc. With the CCA would that still stand up even though I have been making payments for the last seven or so years? The payments are made to iQor but I think that Halifax / RBS still own the debt. Also do you think that I would be sensible to keep this towards the back of my repayments assuming that they can provide a CCA as it is not accruing any interest and isn't affecting my credit history much (except they won't give me a bank account - although everyone else will lol). Many thanks

Hi, I'm after some advice about what to do to clear an old debt. I took out a loan with Halifax (RBS) about 8 or 9 years ago. I was suffering from a gambling addiction and spent 10 months in rehab for this. I defaulted on the loan and made an agreement to pay back £25 a month, which is still ongoing. The debt is currently £4500ish, at the current rate will take 15 years to clear. As the default was over 6 years ago it no longer shows on my credit file and I am not accruing any further interest, there isn't a massive incentive to pay the debt off at a faster rate. Now the positive, I have managed to get my life back on track and have recently bought my first house, having cleared all other debts and currently have no credit cards or overdraft . I have recently been made redundant, but have a job offer, so things are looking up . I have just had a call from iQor asking to review the payment plan and explained that I was in the process of being made redundant so it would be better to review the plan in a couple of months once circumstances were more stable (hopefully). I asked about any possibility for a reduced settlement and they offered 25%. It was also stressed that this would show on my credit file as partically settled - I pointed out that the debt was so old that it was no longer on my credit file so that that was no incentive to settle in full. In reality, it would be better for me to use the redundancy money to reduce my mortgage once I am settled in a new job (or save to clear the help to buy element), but was wondering if I would be likely to get a heavily reduced settlement on this debt. The basis for this being that they wouldn't have to wait 15 years for the balance, they aren't benefiting from any interest being added and the default has fallen of my credit file and I was able to get a mortgage this year. Any advice would be really appreciated .

Ok, so latest offer is for the charges to be split, first £12 with interest @ 8%, balance of charges above £12 paid with account interest at 22.9%, plus and additional 8%, plus another 8% on the total interest and charges, however, the interest rate does not include interest on the interest. I believe that I am claiming on the profits made by BC. Therefore each month they would relend out the money borrowed plus the interest made the previous month - so their profits would include the profits made on the interest relent each month. Have other people had this issue? If so how have they fought it?

Thanks Slick, I only have one case, the other "no longer exists" . Part of my reason for wanting to push the expenses is that I believe that as shown in a number of cases Barclays have settled in full prior to the Court case (not mentioning any specifics). Therefore it is my belief that they are delaying this case for no good reason. E.g. if they had a solid defence they would use it in all cases. Cheers, FF

Thanks Slick, that's good to know, sorry for the long delay in replying but I have been on holiday. Would it be the case that I would right to the Court requesting the expenses, I am thinking along the lines of : - £360 time - including research and completeing of forms ets. £10 Sar Fee £20 Phones calls - all have been from my moblie. £15 Stationary / Postage Totalling £405. I am just concerned that if i haven't requested them from my claim that it will be difficult to justify them at the settlement stage. E.g. it could be perceived as me rejecting a settlement figure equal to the claim - should they offer to settle in full prior to the court date. I am also a little concerned as I still haven't heard anything from the local court, so need to chase them. Thanks, FF

Ok, hyperthetical situation, a Bank settles one claim in full, but not the second one (both for charges), and you feel that they were wasting yous and the Courts time as you believe that they will eventually settle the second case in full as per the first case. If you have only claimed for the charges and interest in restitution, can you make a request to the Court to increase the claim, to include you research time and costs e.g. postage / SAR fee?

Just to clarify, BC wrote to me to advise that they are withdrawing their initial offers whereby they would clear my outstanding balance on the defaulted credit card and pay me the balance as the debt has now been sold on and will pay me directly. I intend to accept the settlement figure for the smaller Egg claim as this exceeds the figure that I requested and continue with the Barclaycard claim. I will today be posting my acceptance terms, with the confidentiality clause removed today, stating that I will notify the Court once payment has been received .

Ok Slick I guess you are probably right but I will leave that battle for another day .

Thanks Slick, I haven't spoken to them in a couple of months, and it is largely irrelevant now as it was only to try and benefit from the discount offered previously lol. As Barclaycard don't own the debt and will pay me directly this is no longer an issue The only reason that I know there is a change of ownership is because BC Litigation advised me of this in an email today

I have just been advised by BC litigation that the debt was sold by BC on the 23rd July 2013 so they are withdrawing their offer and will therefore pay me directly and send revised offers.

At the moment I haven't got a court date. Also if my Dad for example was to make a full and final settlement to iQor on my behalf coyld this have any impact on either case or my credit rating?

Hi Slick, Yes the smaller claim is for three egg charges and the larger claim is for Barclaycard charges. I agree that the best option is to accept the offet on the smaller claim - its is actually for more than I initially claimed. I owe approximately £1000 on the Egg and defaulted on it seven years ago - so it has already fallen off my credit file. Both Barclaycard and iQor say Bc own the debt. Two months ago iQor offered a settlement figure of £600 which I could pay now prior to accepting the settlement. If you could send the basic pack that would be fantastic

Thanks Slick, Barclays have now offered settlement in full of the smaller claim and 8% interest on the 1st £12 of every charge and 19.4% on the remainder of the charges on the larger claim. To me this suggests that in time they will settle in full on larger claim as well. Any suggestions as to how I should reply? Unsurprisingly they want the smaller claim to be deducted from my existing claim.

Thanks Slick, I assume that I should continue to pay my normal monthly payments of iQor to prevent any risk of adverse information being added to my credit file. Also, do you know how long it takes roughly from the time that the Courts received the AQ to a court date being set?

Hi Slick, Thank you for clearing that up. If the original default was May 2007 and having checked my Noddle credit file the account is no longer showing, would a new entry be put on my file for partial settlement? The only reason I spoke to iQor was to confirm that the PPI refund had been deducted from the account, but if ever I speak to them I always ask if there is a settlement figure just in case I catch them on a good day lol.

Hi Slick I spoke to iQor on Friday and they offered the discount then. Just to clarify 100%, if I was to offer them the £600 as full and final settlement on the Egg card, can I assume that the Barclaycard claim for charges could not be impacted as it is a separate account? Also if I did settle with The Egg card now as full and final settlement would the claim for Egg charges be thrown out as the Court would see the account, the claim and all other matters resolved?

Hi Slick, 1. The Barclaycard claim is £3700 and the Egg one is about £400. The Barclaycard was closed in 2005 with a zero balance. The outstanding balance on the Egg card is £1000. The Egg account is still owned by Barclaycard and I pay via iQor £20 per month. Incidentally they have iQor have offered a settlement figure of around £600 if I was to pay that would it have an impact on my charges claim?

Thanks Slick, I guess I jumped the gun bit and will wait for your response next time. I received a revised offer up by 30% - what they actually offered was to clear my outstanding debt on the Egg card and refund my Court costs including the Postal Order Fee which I had highlighted in my previous response to their offer. Can they force me to accept a single settlement for the combined claim and therefore insit that the money reclaimed from the Barclaycard account be used to pay off the Egg card debt? Incidentally the EGG card was defaulted over 6 years ago, and has therefore fallen off my credit file (I currently pay back £18 per month, so should clear it in another 5.5 years lol), but I would like to clear it. They gave the usual "we don't agree with your legal view point" text, so I just replied that I still have the same legal opinion and that I will file the AQ and continue my legal action. That said, I think you are right and I should leave it to them to make the next move, or just wait for my big day in Court . FF

Thanks Slick, I email BC to advise them that I would be returning the form and £40 fee, but giving them a window to make a revised offer to me. Just to confirm and having seen their copies, would I be right to agree to mediation in both cases? Many thanks FF

I have now received a copy of the defence from the Court and they have requested that I return a Small Claims Directions Questionnaire. Is the fee based on value of the claim, as one is requesting a fee of £40 while the smaller claim is not. I still can't quite get my head round the fact that the first part of the defence is : - 1. Barclaycard is a trading division of Barclays Bank PLC and is not a legal entity in its own right. As the case is between Me and Barclays Bank Plc T/A Barclaycard, what are they attempting to prove here??? Is there anything that I need to be specifically aware of in this situation? I'm guessing that it is pretty much standard text. Thanks

Thanks Slick, it was more a case of being concerned that I hadn't received anything from the Court advising that a defence had been filed and worrying a little that something requiring a response from me had got lost in the post.

Thanks Slick to be honest I'm quite surprised that I received an offer this quickly but fortunately I am in a position where I am happy for them to take their time and keep adding interest to the claim. Should I be surprised that I haven't received any further information from the Court regarding the defence?

Thanks Slick, I responded on Monday, thanking them for their offers, but stating that I still feel that I have a strong case for interest in restitution. I have to admit, being a fan of "Suits" and "A Few Good Men", part of me would be quite excited by the prospect of actually having my day in court. It will be interesting to see how long BC take to respond to my email, I am guessing that it may be a little while. Should I expect to receive a copy of the defence from the Court? So far I have only received the emailed version, direct from BC. Many thanks as always

Yeah, I know that won't be the one and only offer, and I'm confident in my case . Mind you, I think they are probably sending out so many templated letters that it can be easy to miss one of the details. Thanks for the motivation. I guess I put them in a difficult first offer position, as they couldn't really say they would only refund the charges between years 8 and 10 years lol.

A quick update, a week ago I received the acknowledgement from the Court and BCs decision to defend the case. They have now emailed me their defence which was received on Thursday evening, and on Friday I received an offer for all charges to be refunded (all of which are over 6 years old) and simple interest at 8% plus my Court fees. I'm still going for interest in restitution though. I guess I should respond to the offer - even if they have put the wrong name for the claimant lol.