Barclaycard x 2 and charging interest whilst on DMP - No notice of arrears

[Bettingmad]

Looking for advice on this as I have only been made aware of S86D CCA.

 

 

I have been on a DMP with Payplan for over 6 years.

During this time Barclay's have continue to charge interest albeit at reduced rates on my two cards.

 

 

I don't believe that they ever sent out a notice of arrears for the accounts at any time.

 

 

With S86D in mind am I right in thinking that they therefore have not been entitled to charge interest.

 

 

Whilst I have had AP markers for the entire period they have backdated defaults which will mean that they drop off within the next couple of months.

 

I have received monthly statements from Barclays for the cards throughout so does this counteract the requirement for them to provide a notice of arrears.

 

 

The interest would be sizeable and could wipe out the rest of my DMP which still has 5 months to run.

 

I have found the below advice

 

Arrears notice penalty

Of course, when a trader provides credit, he or she accepts that the debtor may default, whether intentionally or not, or knowingly or not.

 

Either way, the creditor is under a duty to provide the debtor with a notice stating that he or she is in arrears and exactly how much money is owed.

 

Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D

- that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C.

 

If the creditor fails to provide a notice when required to do so,

then throughout the period of his failure

(i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement.

 

In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

[slick132]

Hi BM,

 

Have a read from this post onwards - http://www.consumeractiongroup.co.uk/forum/showthread.php?381394-s.86-(B)-CCA-1974-on-a-terminated-account&p=4132636&viewfull=1#post4132636

 

[Bettingmad]

Hi BM,

 

Have a read from this post onwards - http://www.consumeractiongroup.co.uk/forum/showthread.php?381394-s.86-(B)-CCA-1974-on-a-terminated-account&p=4132636&viewfull=1#post4132636

 

 

The link that you have provided is where I obtained the information for my initial post? It's an explanation for this that I am seeking and whether I can challenge Barclaycard on it.

[Bettingmad]

Anyone able to assist with this query? Should this be moved to general thread as I initially posted? As although it refers to my issue with Barclaycard it is with regard to the general principle of notice of arrears.

[slick132]

Hi BM and sorry I added nothing useful above.

 

Have you sent BC a SAR, to see if they have any record of a notice of arrears or DN.

 

If the a/c is about to drop off your CRA files soon, what do you hope to achieve with this case now.

 

[Bettingmad]

Hi BM and sorry I added nothing useful above.

 

Have you sent BC a SAR, to see if they have any record of a notice of arrears or DN.

 

If the a/c is about to drop off your CRA files soon, what do you hope to achieve with this case now.

 

 

Sorry for late reply, things have been a bit hectic of late.

 

To answer your question on what I hope to achieve, in short the refund of interest charged by Sharkleys whilst I have been on a DMP. This would not be an inconsiderable amount over the previous 6 years. I will be sending off my SAR this week.