robbersway offering discount on Barclaycard debt over 6 years old.

[3ccd]

Hi Guys. Please can someone help me with this?

 

 

A little long, but I will try to be brief.

 

In 2009 I had a Barclaycard.

I made regular payments and everything was fine until my situation changed a lot and I was unable to pay

 

. I did the wrong thing (many would say) and just buried my head in the sand.

I got various reminders, letters, and default notices and in 2011 I

(some would say foolishly)

 

wrote to all my creditors offering token payments including Barclaycard

. I paid £1 a month for 16 months.

 

The last payment was in February 2012 when I moved and genuinely forgot about it.

 

Then I started receiving letters from Cabot (I think) who’s very first letter in January 2014 was to tell me I was in default (amount was £346).

 

I received letters on what seemed like a monthly basis before the letters stopped and I started receiving letters from another company and then Robinson Way.

 

All letters demanded payment of £346 until recently when they tried offering me reduced settlement numbers, but all of which would mark my credit file as ‘partially settled’ so no point.

 

I have NEVER responded in any way to any letter since my last payment to Barclaycard in February 2012.

 

On checking my credit file on Monday this week, I noticed what I will call an ‘oddity’. Two entries, one for Barclaycard saying ‘settled’ and the balance of £346 in February 2013 and a separate entry for ‘default’ to another company for January 2014 and the amount of £346.

 

My questions.

 

Am I correct that the original debt with Barclaycard is now statute barred as it is 6 years since I heard from them, responded to them or made any payment to?

 

And my second question, can a company I never had any contract or agreement with put a default on my file a year after I last dealt with Barclaycard? I am guessing Barclaycard sold the debt and whoever bought it sold it on and so on?

Edited May 25, 2018 by dx100uk
Spacing

[BankFodder]

https://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

[3ccd]

Thanks. I did read that first. But it didn't really help me to know for sure. Perhaps someone could just tell me where I stand?

[dx100uk]

Just send our sb letter in the debt collection section of the library

[dx100uk]

No one bar the oc can default you

And that was upon sale

If it wrong write with proof to the oc and demand its actioned

[3ccd]

That is a great help. Thank you both so much.

 

 

So, for my peace of mind only Barclaycard could issue a default. Have I undestood that correctly?

 

 

What can I do regarding the false default then? Ask for it to be exponged from my credit files?

[dx100uk]

Why is it false??

[3ccd]

Because I never had any contract with the debt collector. I never entered into any agreement with them ever. You said that only the OC can issue a default in your last reply.

[Andyorch]

The default carries through to the new owner...the debt was assigned

[3ccd]

Ok. That nakes more sense. So the original default would have been when I stopped paying in 2012. How can a new company issue a default 2 years later?

[3ccd]

By OC, do you mean orignal creditor?

[Andyorch]

Ok. That nakes more sense. So the original default would have been when I stopped paying in 2012. How can a new company issue a default 2 years later?

 

They haven't issue anew one...they taken over it..they replace Barclaycard

 

By OC, do you mean orignal creditor?

 

Yes

 

[3ccd]

Many, many thanks. I very much appreciate your kind help.

[shamrocker]

Is £346 (or thereabouts) the actual balance on the account when you ceased making your token payments?

 

Were they applying interest while you were making the token payments?

 

Personally, I'd have expected them to have defaulted the account within that 16 month period you were paying £1 p/m.

[3ccd]

£346 was the balance at the time I stopped paying. So, the month before would have been £347. The month before that £348 etc.

 

 

Interest was stopped before I started making the 16 monthly £1 token payments so that the token payments would have some reduction merit.

 

 

From memory, I was originally served default when I ran into financially problems in 2011. I think (but genuinely cannot remember as I had other debts I was also dealing with) that I probably received more default notices from barclaycard during those payments. Something tells me they did so every 6 months?

[slick132]

Hi 3ccd,

 

Is this still showing on your CRA files as, from what I've read here, it should "drop off" pretty soon if it hasn't already done so.

 

Check and let us know.