1st credit considering stat demand on old BC debt **WON AGREED SB'd**

[smudgexxx]

Info in brief

 

Back in 2002/2003 I opened a Barclaycard account and my boyfriend of the time used it.

 

I was not as financially aware as I should have been and ran up huge bills, which I was unable to pay at the time.

 

I default for about 7.5k in 2006.

 

In 2008 I heard from 1st credit regarding the debt and I made a couple of payments.

 

Since then I haven't heard anything until 3 days ago I received a letter from "Barclaycard' giving the card number the balance outstanding and their reference number.

 

They stated that they "hereby give notice of the assignment of the debt due to us by you in respect of the outstanding balance on your Barclaycard account."

 

It then goes on to say that on 13/03/2007 your account was assigned to 1st credit who are now the legal owners of the debt.

 

Today I have received a letter from 1st credit introducing themselves (as if we’ve had no previous contact before” and saying the want the spondoolies

and if I don’t pay them this will result in more formal recovery proceedings.

 

It does state that they will comply with any request for a copy of the personal information that is held about me on their system,

and that I need to send £10 and a self addressed envelope to the above address.

 

So here goes…

 

1) Do I CCA them? (Are Barclaycard good with their record keeping)

2) At the time I paid them I was unaware that they were the owners of the debt.

3) Should I SAR them?

4) Should I ignore them

5) Is it worth sending the Statute barred letter or is it likely they will find the payments

 

Any help would be GREATLY appreciated. I had thought that this had gone away but clearly not.

 

One final point the quality of the paper the barcodes on the letters look nearly identical

and also the writing on the side of the paper is also in exactly the same place.

One of the words is Comproc

 

Thank you again

 

Sarah

[citizenB]

You would normally send an SAR to the original creditor - that would identify when the account was assigned.

 

Pity you made those payments, because they will almost certainly be able to locate them.

 

You might want to wait for others with more knowledge to pop in.

[sequenci]

I reckon doing 1,3 and 5 could be a good way forward

[smudgexxx]

I reckon doing 1,3 and 5 could be a good way forward

 

Should I do them all at once? Xx

[sequenci]

It's certainly worth getting all the info first. I guess if this was me I would probably not send the limitations letter until I had all of the facts about the debt first. Both the CCA and SAR are highly useful mechanisms for sure

[smudgexxx]

And hopefully not a further admission of the debt?

[sequenci]

And hopefully not a further admission of the debt?

 

An information request is just that, just ensure that you letter doesn't amount to any form of 'acknowledgement' at all. As for limitations arguments what amounts to acknowledgement is often down to the factors of each individual case - so please do be careful! Using the stock letters that you'll find all over CAG will keep you in safe territory

[Halibutt]

1) Do I CCA them? (Are Barclaycard good with their record keeping)

Barclaycard are relatively good with record keeping. Pointless doing a SAR AND a CCA request. If you're happy paying the £10 fee for a SAR, that's the way forward.

2) At the time I paid them I was unaware that they were the owners of the debt.

A notice of assignment should have been sent at the time. This is grounds for possible complaint - hold off for now.

3) Should I SAR them?

See above.

4) Should I ignore them

Probably best to SAR. See above.

5) Is it worth sending the Statute barred letter or is it likely they will find the payments

Check your Credit Reference file and make sure that the account is statute barred. A SAR should put you in the picture.

 

Lastly, if you send £10 for a SAR by postal order, you shouldn't need a SAE - the cost is covered in the fee you pay.

 

Best of luck.

 

H. x

[smudgexxx]

1) Do I CCA them? (Are Barclaycard good with their record keeping)

Barclaycard are relatively good with record keeping. Pointless doing a SAR AND a CCA request. If you're happy paying the £10 fee for a SAR, that's the way forward.

2) At the time I paid them I was unaware that they were the owners of the debt.

A notice of assignment should have been sent at the time. This is grounds for possible complaint - hold off for now.

3) Should I SAR them?

See above.

4) Should I ignore them

Probably best to SAR. See above.

5) Is it worth sending the Statute barred letter or is it likely they will find the payments

Check your Credit Reference file and make sure that the account is statute barred. A SAR should put you in the picture.

 

Lastly, if you send £10 for a SAR by postal order, you shouldn't need a SAE - the cost is covered in the fee you pay.

 

 

Best of luck.

 

H. x

 

 

Thank you for all your help everyone. I can confirm there is

Nothing relating to this debt on any of my credit files at all

[dx100uk]

have a look at her cra file too

 

make sure the debt shows...

 

dx

[smudgexxx]

have a luook at her cra file too

 

make sure the debt shows...

 

dx

 

Nothing showing

 

Sc

[dx100uk]

do all her passed addresses and p'haps names show too

 

strange

they seem so sure she owes this...how very funny its prob SB'd already.

 

get that cca off

get that sar off

 

dx

[slick132]

Hi Smudge,

 

I'd defo send both the CCA and the SAR.

 

They can each provide useful info or data or, if the credit agreement is not provided, this can put you in a far stronger position to defend.

 

[smudgexxx]

Sorry guys one final question before i go ahead and send the letters today. Is it worth sending a prove it letter first then SAR, Then CCA?

 

 

Really don't know what i would do without you guys

 

xx

[dx100uk]

i'd stick with the plan you have been given

 

dx

[smudgexxx]

Update : Letter received from 1st credit.

 

CCA Request & SAR ready to send, Just off to get the postal orders and send them recorded delivery today.

 

The letter reads, we are writing to you in relation to your outstanding barclaycard which has an outstanding balance of xx

 

We are aware that you have contacted us previously to deal with another debt(s)0 and thank you for your commitment to clear them.

 

However in respect of your barclacar please contact us to discuss repayment. should you choose not to do so we will be left with no other option than to consider county court proceedings.

 

if we issue court proceedings we will claim legal costs and interest.

 

if we obtain a judgement and it is unpaid for 30 days it will be entered in the register of judgements

 

Ad nauseum threats bailiffs etc.

 

Still proceed as plan or should i send the Statute barred now too?

 

Smudge

xxx

[dx100uk]

no need for RD

 

send them 1st class get proof of posting when you get the PO's from the counter

there is no need to waste money on RD costs.

 

dx

[smudgexxx]

thanks dx

[smudgexxx]

Hi guys,

 

Thought everything was going swimmingly yesterday had some money in the bank,

didnt owe anyone cash and was not in overdraft, etc

and bought myself a nice imac (for work too) in cash outright .

 

The i woke up this morning and there was a letter from 1st credit saying:-

 

We are unaware of any legally valid reason for non payment of the outstanding debt.

we are therefore considering whether we should issue a statutory demand under the insolvency act.

 

I did have some contact with these people back in 2008 but have ignored them. The debt apparently relates to an old barclaycard.

 

I also received a contact from them regarding another barclaycard account

and sent them a prove it letter and never heard anything back this was about 5 months ago.

 

My questions are these:-

 

1) What is my first step?

2) If they do decide to issue a stat demand if i make a significant offer will this usual stop it turning into bankruptcy.

3) is this a threatogram they are only saying they will consider issuing a stat demand

4) Discounts have been offered i think in 2009

5) Is the fact that they havent enforced this debt until now relevant? It doesnt show on my credit reference file at all.

 

Thank you as always

 

smudge

[BRIGADIER2JCS]

Which CRA did you check? Do you know when the last payment or written acknowledgment was made?

[smudgexxx]

Hi Brigadier,

 

Thank you for your swift reply.

 

 

I have checked all 3 credit reference agencies.

I'm sure the account was opened in 02 and defaulted in 06.

 

 

I'm also fairly sure that no acknowledgement has been made in this time.

There were two accounts one was a mastercard and one a visa credit when i challenged the visa a few months back i heard nothing more.

 

I have been in contact today asking for a cra , deed of assignment and any other information they have

and they have replied saying they will speak to the origibak creditor.

I would have thought that they would have had this information to hand already if they are considering bankruptcy or am i being naive?

 

thanks again

 

smudge xx

[BRIGADIER2JCS]

Hi smudge,

What have you actually done a SAR and/or CCA Request?

IF there is no entry on CRA FILES now it means that this was defaulted more than 6 years ago, and the last payment would be up to 4-5 months prior to the default date so it's likely the debt is statute barred.

 

A deed of assignment is the contractual agreement between the creditor and the debt purchaser and is a commercially sensitive document and not available to you, a notice of assignment may be provided with a SAR.

 

SAR goes to the creditor the CCA request to the DCA a £10 fee is payable for a SAR and a £1 fee for a CCA REQUEST.

[smudgexxx]

Hi i have only asked for a copy of the consumer credit agreement, when the last payment was and for any other information relating to the alleged debt.

 

i've not used a formal template yet.

[dx100uk]

stay off that phone

 

either fire off the SB letter

 

or a CCA request

 

dx

[slick132]

I would have thought that they would have had this information to hand already if they are considering bankruptcy or am i being naive?

 

Yes, very naive ! They would chase a debt based on scribbles on the back of a fag packet if they thought they could scare someone into paying.

 

I'd send of the Statute Barred letter personally. Let them prove if the debt is not SB'd.

 

And if they do issue a Statutory Demand, this can be challenged relatively easily.