Jason mnm -v- Barclaycard

[jason_mnm]

Hi slick I was reading your reply in one of the thread dealing with CCA request where the account holder was denied CCA based on section 78 of Consumer credit act 1974. Then you advised him to write with CPR31.16 , for which the person was successful after he was took barclaycard to court. Now do u think I should send CPR31.16 rather than section 78 request...

[slick132]

Please use this thread ONLY to discuss your BC case.

 

Re your post above, you may be referring to smt37's CPR case ?

 

Some users are put off off using the CPR strategy because the process has certain risks. It is up to the individual to choose what path to take.

 

In any event, only start the CPR strategy if you are prepared to make the formal court application after the 2 letters have been sent to BC.

 

See Link No2 in my signature for the CPR thread.

 

Because there has been recent success in getting the FOS to make BC and others produce credit agreements, I suggest that is a route worth trying.

[jason_mnm]

Thanks slick... U r excellent..

[jason_mnm]

Hi Slick does that new judgement of RBS Vs Phillip Mcgurmick means now CCA request is no use to get the loan written off.... or not to pay the loan.. thanks

[slick132]

Hi Jason,

 

The case I think you're referring to is McGuffick. You could read here - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/229071-mcguffick.html#post2536833 There are other threads about this too - use the SEARCH facility.

 

My understanding is that there remain good reasons to continue to use s.77, 78 and 79 to get sight of a credit agreement.

 

And the OC will still need the original agreement as the basis of a court claim.

[jason_mnm]

Thanks slick.. I saw ur advice in different threads.. U r just excellent ....

[jason_mnm]

Slick will you kindly advise what kind of interest can I claim from Barclaycard.. Can I claim all the interest that I paid since i took the card in 1999 or I can only claim interest on any charges that I might have paid.. If I can claim interest will you kindly advise me how to proceed..Many thanks again..

[slick132]

Hi Jason,

 

You'll need to read up on this to understand the options available to you.

 

Read the Interest Tutorial at Link No6 in my signature.

 

Also, go back through the BC forum and read threads started by users Skintboy, Brindles and Noomill as examples.

 

The first thing to help you decide whether to claim the higher interest is how much you've paid in penalty charges and how old are they. The older the charge, the higher the amount you claim, because you claim compound interest.

 

For example, use this compound int't calculator - Compound interest calculator Take a £20 charge on 1st Jan 2008 at 26.9% Contractual Rate, the int't you'd claim would be £13.09 + £20 = £33.09.

 

Take a £20 charge on 1st Jan 2004 and the int't would be £75.99 + £20 = £95.99.

 

If you decide to claim Restitutionary Interest, be aware that BC will refuse to refund this. You'll have to file a court claim, submit your AQ and then evidence to back up your claim (your Court Bundle).

 

BC will only negotiate when you have complied with all that is required for your case to proceed in court. They won't submit such evidence in defence and, if you've prepared your case properly, BC will settle before the court hearing.

[jason_mnm]

Hi Slick how r u doing? Do u know anything about any result about any new cases that went through High Court recently other than Mcguffick and Bank charges cases.. I mean any case for credit cards/loans...thanks

[slick132]

Did you have anything particular in mind.

 

[jason_mnm]

Hi slick How r u doing. I donot know any case name, but I was reading a Magazine called 'credit today' where it said several test cases were supposed to go through court end of November 2009 regarding Credit Agreements Enforceability. I was thinking if any case has been decided yet.

[slick132]

Hmmm, someone else was asking a similar Q earlier - http://www.consumeractiongroup.co.uk/forum/barclays-bank/236571-test-cases.html#post2623246

 

I'm not aware of the outcome of any cases that have yet been heard as we've been busy with the OFT bank charges case. Keep reading and let us know what you find.

 

[jason_mnm]

Thanks slick.. seems we got to wait till Jan 2009.. Have a nice evening..

[jason_mnm]

Was this reconstituted agreements enforceable? any updates?

[The Quen of Darkness]

I think a reconstituted agreement is enforceable if the original agreement was after April 2007, but not if it was before then - I'm new to this too, so I'm sure one of the more experienced users will correct me if I'm wrong

 

From the advice I've been given it's no longer a good idea to dispute on a 'paperwork error' & better to dispute the amount owed due to unlawful charges etc

[BRIGADIER2JCS]

Agreements prior to April 2007 require the production

of the origenal agreement to enforce the debt in court,

Recons ''satisfy the requirements of sect. 77/78 of CCA

1974.

The us of recons particularly if supported by statements

of an account showing use of the facility are being allowed.

[jason_mnm]

Good morning all. Hope you are well. I am back again.

 

This is related to the above Barclaycard.

 

Just a background

I took this Barclaycard in 1999 and got in financial trouble in 2008 and defaulted all cards and loans .

 

 

At that time I got sick and I contacted Barclaycard with request for settling the debt and told them not to default me as it can affect my job.

They wanted £5000 which I did not have.

It was never defaulted.

 

 

In 2011 for some reason the balance disappeared from my credit report

and then with the advice of some caggers I stopped paying the Barclaycard.

 

 

in 2012 it appeared in my credit report showing it was settled with no balance outstanding till and closed till August 2015.

 

In August this year After I saw all my defaults disappeared from my credit file I was excited.

However this Barclaycard was showing as closed account with late payments and for which my credit score was low.

 

 

I contacted Equifax and Experian saying that like other credit cards this Barclaycard should also disappear from my credit report

cause it was 6 years ago when I got in financial trouble and defaulted all these cards.

 

 

However Experian person was nice to inform me that the card was never defaulted and he said leave it as it is, which was fine.

 

 

On contrary, Equifax guy contacted Barclaycard before even asking me that he is contacting Barclaycard.

 

 

Now in October 2015, I found that the Barclaycard showing in my all credit reports as defaulted in October 2011 and the balance outstanding £8256.

This has now got my whole credit score back to poor and now I am scared for my job too as I work in finance.

 

I got into mess for my own fault which I am regretting as I can lose my job for this default appearance by contacting the Equifax guy.

 

Please note Barclaycard never sent any default letter to me and now I do not know what to do,

should I contact them or wait for another 2 years before it gets statutory barred.

 

 

However I am scared that I might get in trouble for my job at office if they find that I have default.

 

Kindly advise what should I do now. Thanks in advance and your kind advice will be much appreciated.

[citizenB]

Jason, did you cease making payments in 2008 ? If so, the debt is already statute barred.

 

You might want to send a Subject Access Request to Barclayshark - this will cost you £10.00 and they have 40 calendar days in which to respond. What you want to look at when you receive the data is the Communication log/diary of events - to see if they have entered anywhere that they have issued a default notice. Around the time you defaulted on your account, Mercers (in house collection agents) were sending out default notices and recording these on credit files.

 

If they did send a default notice, then they should have recorded the default marker on your credit file up to 6 months afterwards.

 

I am not sure whether a formal complaint to Barclayshark will be of any value to you. Others might advise differently.

 

I think also a letter to the Information Commissioner, explaining the situation and asking if it is correct that they can simply wait for 3 years before adding a default marker on your credit file.

[jason_mnm]

Hi Citizen thank you for your kind reply.

 

 

I ceased making payments in November 2011. As per the credit report that was updated in September 2015 the default date is November 2011.

 

 

RE : Information Commissioner- Can you kindly tell me how it works and what I need to do?

 

 

I have not contacted them since Nov 2011 when I ceased payments too on advice of our wonderful caggers.

 

 

Should I write letter to Barclaycard explaining my situation that I can lose my job for the default and if they will remove it, I do not know if Barclayshark will listen to it?

[slick132]

Hi Jason,

 

BC should have placed a default marker against your CRA no more than 3 to 6 months after you originally defaulted. So if you failed to make the required minimum payments in 2008 and never managed to bring the a/c up to date after that, I think 2008/09 would be the relevant date for SB purposes.

 

You should complain to BC that they should remove any adverse CRA or you will take action including seeking compensation via court and formal complaints to the ICO, etc. Tell them this is because they had a duty, according to ICO guidelines, that they should report adverse data in a timely manner and certainly not after 6 months from the time you fell into arrears.

 

[jason_mnm]

Hi Slick hope you are well. thanks for that.

 

 

Can you suggest any standard letter from this website that I can follow.

 

 

Also can you direct me those guidelines references so that I can quote them in the letter.

 

 

Can I refer case study 117/14 of Financial Ombudsman plz.

 

 

Thanks.

[slick132]

Hi Jason,

 

Para 2 of my post above should suffice for your letter to BC.

 

Can you give us a link to Case Study 117/14 please.

 

[martin2006]

Slick, is there any relevance to the fact that payments were still being made up to november 2011 ?

 

Will that affect any SB defense or is it clock ticking from default for SB?

 

Could this be clarified for benefit of all reading?

[jason_mnm]

Hi Slick the link is as follows;

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/117/117-credit.html

 

Just to let you know Barclaycard never sent the default notice or every 6 months arrears notice. In fact my credit file always kept showing settled and closed until Experian contacted when I queried.

[slick132]

@ Martin2006 - The a/c will not be SB'd until 6 years (and a bit) after the last pay't was made, or the debt was acknowledged in writing.

 

This case is about the bank posting adverse data showing the default date in 2011 instead of 2008 when OP defaulted on this a/c. The bank should post adverse CRA markers in a timely and accurate manner, ie the a/c should show as defaulting back in 2008, not 3 years later.

 

@ Jason - I don't see why case study 117/14 would help you as that was about the adverse CRA data being reported against the wrong person's CRA files.