Barclaycard old debt no update for 4 years despite paying

[BlueEarner]

Like many other debts I am trying to sort out independently after Payplan dmp closure.

 

Barclaycard Visa, I last heard from them by mail 4 years ago, at my old address, when I was living there. My guess is they have not updated my new address details.

 

I have been paying them through PaySham until a few months ago.

Paysham estimate the debt as £350.

In reality, who knows. It may have even been transferred to a DCA. Again, who knows.

 

I wrote to them with a CCA a year ago.

And then again in June stating that as I had not heard from them,

I would withhold payment (as I did with other creditors). No response.

 

Common sense says I write to them again confirming my updated address.

But is there any merit in just leaving it, as the ball is in their court so to speak?

 

And if I do write to them, they may have already sold the debt on

[dpick]

They know what they have to do to get payments from you as they are not doing anything I would leave it be until they do something.

 

 

dpick

[BlueEarner]

Im tempted to do that, but just wondering if the onus is on me to ensure they have the correct address.

4 years is a long time to not even send a statement.

Who knows it could have amassed huge interest, charges - and I wouldnt even know about it.

 

So i guess my question is

 

 

if I wrote to them to ensure they know where I live,

would that communication then act as some kind of 'acknowledgement of debt'

or reset the SB clock or whatever?

[SabreSheep]

The danger is if you do not update y our contact details they may sell the debt on.

 

THEN the new owner may try (or Barclays themselves) to issue a small claims claim. This would be served to your last known address, If you do not know you cannot defend which means they get a CCJ in default.

 

IF you update your address you get the oppertunity to defend. If you do not update details and you get a ccj awarded against you, you will be hard pressed ot get the judgement set aside.

However if you update your details and they then serve papers to the old address, getting a set aside would be easy.

 

As you mentioned VISA I invite you to look at the following threads.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

[dx100uk]

tell them and get a CCA request

 

 

and an SAR going.

 

 

what does your credit file say?

 

 

dx

[BlueEarner]

Still waiting on the credit file. Noddle is down for some reason. Will go with experian 30 day free.

[dx100uk]

link is ok below

 

 

dx

[slick132]

Hi Blue,

 

I'd send them 2 letters :-

 

First to say they are in default of your lawful CCA request of xxdate and that payments will now be withheld.

 

Second is the SAR request (in the Library) enclosing the £10 fee. This will show what interest or penalty charges have been added over the last 6 years. Reclaiming penalty charges with restitutionary interest could reduce the balance considerably.

 

Was there any PPI on this a/c ? The SAR should also disclose this.

 

[fkofilee]

I would check lon your CRA Files like youve mentioned.

I suspect being BC they would report to all 3 CRAs.

 

Good advice from Slick. SAR to check charges and PPI etc.

Id like to see BC worm themselves out of this one.

[BlueEarner]

Thanks all. Ive never done an SAR before - £10 PO is tricky from abroad. Im not resident in the UK anymore, so those relatives will still come in handy after all.

 

Regarding the signature -obviously not on the CCA, but if the SAR is in the same envelope - I assume that shouldnt be signed either?

 

And is it necessary to get this Digital Anti Tamper one or would just typed capitals suffice? Previously I've only ever done it the latter.

 

The noddle link definitely does not work. it goes to the .co.uk link but comes up as Chromes 'this webpage is not available'. Maybe because of my location, Im not sure. Is it only for people resident in the UK? Might need one of those VPN's if so.

[BlueEarner]

Oh - btw, I sent Barclaycard a second letter in July, to say that the CCA I sent in December 2013 had not been acknowledged, and as a result I would with hold any payments....

 

Now its December 2014, still not heard a sausage

 

I'll crack on with an SAR then.

[dx100uk]

cca goes to the new owner

 

 

sar to BC.

 

 

 

 

dx

[BlueEarner]

Ah ok. I had sent the CCA to barclaycard back in 2013. Along with the with hold payment letter in July. There may well be a new owner, but I have never been informed. Payplans listing was just Barclaycard's 'External Relationship Team' in Kirkby.

 

Seems to me like a lost debt!

[dx100uk]

circles around again to needing to see your credit file.

 

 

dx

[BlueEarner]

OK, regarding at least updating Barclaycard with my address (for a third time), just incase of CCJs, dcas, and so on, I have composed the following letter:

 

"Dear Sir/Madam

 

RE: account XXXXXXXXXX

 

I have sent you two letters and still no reply. Please confirm that you have updated your records accordingly to my address as shown above.

 

The first letter I sent you was December 2013 as a request for a copy of the original CCA agreement. The second letter was in July 2014, well in excess of the statutory time, to inform you that I would withhold payments as the CCA request had not been acknowledged. I have not heard from Barclaycard since December 2010.

 

For the last time, your department needs to update its records as to my current address.

 

Yours faithfully,

XXXX"

 

Not sure what else to do...I dont want to spend £10 on an SAR which might not be acknowledged either! I figure at least establishing a link of communication first.

[BlueEarner]

circles around again to needing to see your credit file.

 

 

dx

 

Just got that dx as I was composing my letter. Yes, I agree. At least I dont need to write to Barclaycard for that one.

[dx100uk]

the sar will do both

update your address

and get all the info you need

 

 

if you send it to the register office

DSAR TEAM

address

let them work it out!

 

 

dx

[BlueEarner]

The danger is if you do not update y our contact details they may sell the debt on.

 

THEN the new owner may try (or Barclays themselves) to issue a small claims claim. This would be served to your last known address, If you do not know you cannot defend which means they get a CCJ in default.

 

IF you update your address you get the oppertunity to defend. If you do not update details and you get a ccj awarded against you, you will be hard pressed ot get the judgement set aside.

However if you update your details and they then serve papers to the old address, getting a set aside would be easy.

 

As you mentioned VISA I invite you to look at the following threads.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

 

Thanks SabreSheep,

 

A very interesting thread and well done with that one.

 

The tricky thing is with county court action - either myself threatening action, or a company/dca threatening me - is how it could logistically happen when I am resident on the other side of the globe, literally. Its hard enough trying to get letters sent from here with UK postal orders.

 

The closest I have ever come to this is one creditor writing to me here saying that if payment is not recieved, they will persue legal action through the local courts in my area. I'd like to see them try!