Barclaycard cannot provide credit agreement

[cooldad]

Hi there

 

I originally had an Egg Credit Card in 2002,they issued me with a default notice in 2004 and subsequently they passed the account to their recovery agents Moorcroft whom I have been repaying ever since. In 20010 the default notice was removed by the CRAs as it was over 6 years old. I'm still paying Moorcroft. In 2011 I received a letter from Barclaycard to say that they had taken over the account.

 

Last month I decided to phone Moorcroft for a copy of my signed credit agreement and asked whether any PPI was added. They said I would need to write to Barclaycard for that information. So I wrote to Barclaycard and received a letter to say that they were unable to provide a copy of the agreement and therefore they cannot enforce the agreement. However they continue by stating that they can and will continue to take any action short of enforcement, which includes reporting to CRAs without also telling them that the agreement is currently unenforceable, demanding payment from me, issuing a default notice and instructing a third party to demand payment or otherwise seek to procure payment.

 

Can they really report me to the CRAs although the debt is over 10 years old and can they issue another default notice after I already had one in 2004? As I currently not showing any default with the CRA's this is going to jeopardise my chances of getting a loan for another 6 years. It's just not fair.

 

Your help is appreciated.

[BRIGADIER2JCS]

Hi a member of the site team has asked me to look at this for you.

Ok the statements regarding unenforceability are correct the absence of the CCA just means it cannot be enforced by judgement in court.

If you are still paying Moorcroft then the debt is not statute barred but cannot be pursued in court.

AS the account was defaulted and that default has been removed after 6 years paid or not it cannot be reported further and no new default can be placed.

So send the following to the Compliance Manager at Moorcroft.

 

Ref: use theirs.

 

Formal Complaint/ Misuse of CRA File Data.

 

Sir/Madam,

 

I refer you to a letter dated xx xx xxxx in which Moorcroft claim that it is still entitled to report to credit reference agencies regarding an account with xxxxxx which was defaulted on xx xx xxxx and was removed from all CRA files on xx xx xxxx the 6th anniversary of the original default, as is required if the account is paid or not, clearly Moorcroft have little regard or knowledge of regulation or legislation in this area.

 

Moorcroft is therefore reminded that it cannot add a further default nor can it continue to report this matter to CRAs now or in the future.

 

All such activity or attempted activity must cease immediately and reports are being made to the ICO and the OFT regarding the conduct of Moorcroft in this matter.

 

Send by recorded delivery and check when they receive this. Please come back to me if you need further help.

 

Simply the answers to all your questions is NO THEY CANNOT>

[maroondevo52]

Thanks Brig.

[fletch70]

The Brigadier is spot on and it is probably good proactive advice to let them know they can not record a default. Moorcroft can not place a default as they do not own the debt, only the owner can do that.

 

It's up to you know,keep paying,stop paying or make a reduced full and final offer.

[cooldad]

It's not Moorcroft who are claiming this. It's Barclaycard who wrote to me that they are entitled to report it to the CRA's. It's Barclaycard who own the debt since it was passed to them 2 years ago.

[fletch70]

Confused.com

 

I posted that but it has vanished. or maybe i am mad.

 

I would edit and just the Brigadier letter

Formal Complaint/ Misuse of CRA File Data.

Sir/Madam,

I refer you to a letter dated xx xx xxxx in which

you readclaim that it is still entitled to report to

credit reference agencies regarding an account with

xxxxxx which was defaulted on xx xx xxxx and was

removed from all CRA files on xx xx xxxx the 6th

anniversary of the original default, as is required if

the account is paid or not, clearly you have

little regard or knowledge of regulation or legislation

in this area.

You are therefore reminded that you cannot add a

further default nor can it continue to report this

matter to CRAs now or in the future.

All such activity or attempted activity must cease

immediately and reports are being made to the ICO

and the OFT regarding the conduct of yourselves in

this matter.

[renegadeimp]

It's not Moorcroft who are claiming this. It's Barclaycard who wrote to me that they are entitled to report it to the CRA's. It's Barclaycard who own the debt since it was passed to them 2 years ago.

 

They are correct. They can still report to the credit agencies and the debt will be marked on the file for 6 years from the original entry date. However, as brig said, no CCA means no court enforcement. If you dont care about your credit file, you can tell them to go play with traffic. However, if you are looking to get a loan or use credit in the future, it is a good idea to continue repayments so your file stays somewhat clean. If theyve already added a default on your file, then there is little point in paying them as a default is as bad as a CCJ.

[cooldad]

This is what I'm afraid of Renegadeimp. It's taken me 6 years to get my record clean with the CRA's and now it's going to be another 6 years before my record is clear. 12 years....it's just not fair!! I am prepared to continue with the repayments but I will have no hope in getting a loan or credit for another 6 years.

 

I have another default which is about to be removed in 6 months time. My mortgage (currently interest only) is coming up to the end of its term and as I have been paying interest only, I will be stuck with a substantial sum to pay, so I was hoping to ask for an extension of the term. The fact is if they see a default there is no way they would give me an extension, so I will have to sell my house to repay what is left on the mortgage!!

[fletch70]

Renegade, as far as i am aware this debt has been defaulted once already and that has fallen off. Therefore it can not be re defaulted.

 

Does no one ever read the thread before posting?

 

Please read post 1 by the OP

[theoldrouge]

have you actually checked your credit file to see if barclaycard have been reporting this since 2011? I think its just a standard barclaycard reply when they cant locate the original agreement, not apersonalised letter to you

[fletch70]

I would agree with that. Had several like that myself from cabot

[renegadeimp]

Thanks fletch. I skim read it last time. From the OP's post, and from theoldrogue, it seems as if its just threats. THe first thing to do is check if it is actually there. If not, or even if it is, a FULL complaint must be sent to the party threatening to add a marker, whether it is a standard form letter or not. It is a breach of OFT guidance and proof that the companies involved do not have adequate procedures to prevent this from happening.

[cooldad]

Thanks fletch. I skim read it last time. From the OP's post, and from theoldrogue, it seems as if its just threats. THe first thing to do is check if it is actually there. If not, or even if it is, a FULL complaint must be sent to the party threatening to add a marker, whether it is a standard form letter or not. It is a breach of OFT guidance and proof that the companies involved do not have adequate procedures to prevent this from happening.

 

How do I check if it's actually there before I send a complaint?

[fletch70]

Hi renegade sorry not a dig. I have flu so even less tolerant than normal lol.

 

Cooldad you could use noddle or a free trial with equifax or experian. Just remember to cancel it

[cooldad]

have you actually checked your credit file to see if barclaycard have been reporting this since 2011? I think its just a standard barclaycard reply when they cant locate the original agreement, not apersonalised letter to you

 

There is nothing on my credit file regarding this debt, but the reply from Barclaycard after I asked for a copy of the signed agreement, I only received 2 days ago.

[renegadeimp]

Check all 3 agencies. You also MUST make full complaints as since its a standard form letter, the same baseless threat will be sent to thousands of other people.

[cooldad]

Check all 3 agencies. You also MUST make full complaints as since its a standard form letter, the same baseless threat will be sent to thousands of other people.

 

I know it's not with Equifax. So now I have to send £2 to Experian and Call Credit. Is that right?

 

Then who do I send the complaints to in a standard form letter and is there a template for that?

[renegadeimp]

A lot of creditors will only report to one or two agencies, not all of them. With call credit, try noddle. It's free. With experian, sign up for their free trial, then cancel it before the trial ends. You have to phone them up to cancel, and they will try and do anything to get you to stay with them, but simply tell them cancel cancel cancel. Wont cost anything.

[cooldad]

I have sent off a letter of complaint to Barclaycard.

 

Is there a standard letter of complaint I can send to the ICO and OFT regarding the conduct of Barclaycard?

[fletch70]

The OFT will only log your letter. You can just email them with credit fitness in the title and explain.

Defaulted xxxxxx came off credit file yyyyyyy. and now backyard have sent you this saying they will record another default.

When you get your response from Barclaycard, if its not ok then go to the fos

[BRIGADIER2JCS]

I have sent off a letter of complaint to Barclaycard.

 

Is there a standard letter of complaint I can send to the ICO and OFT regarding the conduct of Barclaycard?

 

 

Look at both regulators websites there are instructions there on how to present a complaint, the OFT often will if there is an existing record of complaints against a company ask for statements from complainants, this scenario is often seen.

[cfs_too]

Check all 3 agencies. You also MUST make full complaints as since its a standard form letter, the same baseless threat will be sent to thousands of other people.

 

Hi,

I don't wish to hijack this thread, but in reading through a few of the BC threads I just wanted to say this has also happened to me.

 

EGG card defaulted in 2008, default currenlty on all CRAs. Account was purchased by BC in 2011 (already in status of default).

Letter through from BC referencing DN issued by Mercers (Er no, EGG in 2008). And they would add a default etc.

 

Sent Formal Complaint, in response they said Yes Mercers have sent you DN, and included copies of DN for OTHER BC, NOT EGG accounts!

That they will add a default! These DNs were dated 2008, so not only for another account, but 3 years before BC purchased the account!

 

Sent a 2nd Formal Complaint, which was ignored.

I have just recieved DSAR info, my formal compliant was referenced as a S78 request in their internal systems?

A way of keeping the complaint stats down?

 

Which body deals with complaints statistics? I feel an urge to write to them, as my stats for BC formal complaints clearly aren't being included in any figures.

 

I'm not sure if this should, just go straight to FOS, with a copy to OFT (re we will add a default, even though defaulted years ago etc), and possibly to ICO?

Surely if they are sending out letters stating they will add defaults when they cant then the ICO can intervene?

 

Only just recieved my DSAR info, partial compliance but brain shattered reading what they have supplied.

Lots of misreporting.....am I surprised. Not in the slightest.

 

Best bit though, was the little statement next to the s77/78 request comments which said 'unenforceable'.

 

Please don't get me wrong, I am not avoiding paying. I am disabled since 2006, and these horrible people have caused my disabity to get worse over periods of time with the constant harrasment and lies etc. Token payments were paid for many years, but now can't really afford these either. A truecall was the best purchase I ever made! Slowly but surely fending them all off. Its taken me over 5 years. At least when I read unenforceable I realise there is less or zero chance of being taken to court, which is some relief and allows me to give time to the creditors who can enforce through the courts.

 

MT

Edited May 24, 2013 by cfs_too

[fletch70]

I would certainly not tell anyone to pay a debt that is clearly unenforceable.

If you are benefits the most I think you should be paying is £1 a month to enforceable debts. If as seems likely the debts are all pre 2007 then they can be UE for various reasons such as not properly executed.

[BRIGADIER2JCS]

Hi,

I don't wish to hijack this thread, but in reading through a few of the BC threads I just wanted to say this has also happened to me.

 

EGG card defaulted in 2008, default currenlty on all CRAs. Account was purchased by BC in 2011 (already in status of default).

Letter through from BC referencing DN issued by Mercers (Er no, EGG in 2008). And they would add a default etc.

 

Sent Formal Complaint, in response they said Yes Mercers have sent you DN, and included copies of DN for OTHER BC, NOT EGG accounts!

That they will add a default! These DNs were dated 2008, so not only for another account, but 3 years before BC purchased the account!

 

Sent a 2nd Formal Complaint, which was ignored.

I have just recieved DSAR info, my formal compliant was referenced as a S78 request in their internal systems?

A way of keeping the complaint stats down?

 

Which body deals with complaints statistics? I feel an urge to write to them, as my stats for BC formal complaints clearly aren't being included in any figures.

 

I'm not sure if this should, just go straight to FOS, with a copy to OFT (re we will add a default, even though defaulted years ago etc), and possibly to ICO?

Surely if they are sending out letters stating they will add defaults when they cant then the ICO can intervene?

 

Only just recieved my DSAR info, partial compliance but brain shattered reading what they have supplied.

Lots of misreporting.....am I surprised. Not in the slightest.

 

Best bit though, was the little statement next to the s77/78 request comments which said 'unenforceable'.

 

Please don't get me wrong, I am not avoiding paying. I am disabled since 2006, and these horrible people have caused my disabity to get worse over periods of time with the constant harrasment and lies etc. Token payments were paid for many years, but now can't really afford these either. A truecall was the best purchase I ever made! Slowly but surely fending them all off. Its taken me over 5 years. At least when I read unenforceable I realise there is less or zero chance of being taken to court, which is some relief and allows me to give time to the creditors who can enforce through the courts.

 

MT

The OFT gathers complaint data, and uses it when licences are applied for or due for renewal, if your concerns are in regard to data manipulation the ICO is the place for this, you can of course report to both.

[cooldad]

Hi a member of the site team has asked me to look at this for you.

Ok the statements regarding unenforceability are correct the absence of the CCA just means it cannot be enforced by judgement in court.

If you are still paying Moorcroft then the debt is not statute barred but cannot be pursued in court.

AS the account was defaulted and that default has been removed after 6 years paid or not it cannot be reported further and no new default can be placed.

So send the following to the Compliance Manager at Moorcroft.

 

Ref: use theirs.

 

Formal Complaint/ Misuse of CRA File Data.

 

Sir/Madam,

 

I refer you to a letter dated xx xx xxxx in which Moorcroft claim that it is still entitled to report to credit reference agencies regarding an account with xxxxxx which was defaulted on xx xx xxxx and was removed from all CRA files on xx xx xxxx the 6th anniversary of the original default, as is required if the account is paid or not, clearly Moorcroft have little regard or knowledge of regulation or legislation in this area.

 

Moorcroft is therefore reminded that it cannot add a further default nor can it continue to report this matter to CRAs now or in the future.

 

All such activity or attempted activity must cease immediately and reports are being made to the ICO and the OFT regarding the conduct of Moorcroft in this matter.

 

Send by recorded delivery and check when they receive this. Please come back to me if you need further help.

 

Simply the answers to all your questions is NO THEY CANNOT>

 

 

I received a letter from Moorcroft today saying that if I do not pay the balance outstanding or agreeing to a repayment plan they will have no alternative other than to recommend to their client (Barclaycard) that solicitors issue legal action against me which may follow. They go on to say that if legal action is necessary and if the solicitors are successful in entering judgment then my debt may increase as follows:

 

Solicitors costs for Issue of Claim Form

Court fees for Issue of Claim Form

Solicitors costs for Entering Judgment (by default)

 

I'm a bit confused now as I thought they could not take me to court in the absence of a CCA?

By the way, I have stopped paying them for the last 2 months. Should I now restart my monthly payments to them?