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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a debt of £5000 owed to Barclaycard VISA. I was told

Customer Question

I had a debt of £5000 owed to Barclaycard VISA. I was told by several firms of solicitors that I did not have to pay this because of breaches in the agreement. I paid the solicitors for this advice but they have now gone out of business so I am now on my own. In the meantime the debt was sold to a debt collection agency who after 2years of silence have started pursuing me again. Can they take legal action?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
When did you last acknowledge the debt?
I'm just offline while I travel to court but I will be able to pick up in about an hour so don't panic if I don't come back immediately.
Customer: replied 2 years ago.

I stopped making payments on 26/10/10 after a letterfrom my solicitors to Barclaycard on 19/10/10 setting out the agreement was improperly executed and that I would stop making payments. I received their latest statement in May 2011.I wrote to Barclaycard on 7/6/11 1dvising them of changes at my solicitors. I wrote to Raven Recoveries(yet another debt collection agency) about who they had to get in touch with on 25/11/11. The case was assigned from Barclaycard to MKDP on 21/3/11. On 2/11/12, 22/3/13 and 2/4/13 MKDP admitted they could not resolve the issues but they were in touch with Barclaycard...On 13/5/13 MKDP sent statements. On 16/3/15 I received a letter from MKDPasking for payment which I answered on27/3/15 referring to their letter of 2/4/13. On 7/4/15 MKDP replied that credit agreements they send do not need to be exact copies of the actual agreement and don't even need signatures...

Expert:  Jo C. replied 2 years ago.
It depends what these letters have said but probably there has been some form of acknowledgement within 6 years.
Are you asking if they can still sue or whether they are out of time?
Obviously I won't know whether the advice you were given by this firm was correct.
Customer: replied 2 years ago.

Most of these letters refer to the fact that the agreement was improperly executed(no claimant signature) and as such that the Courts cannot grant an Enforcement Order. Moreover interest rates for cash advances and balance transfers are incorrectly stated because the simple rates do not correlate with the APR and the annual simple rates stated do not correlate with the compound interest rates which is a breach of Regulation 6 Schedule 6 of the Consumer Credit(Agreement) Regulations 1983.

I do not believe they are out of time though.

Expert:  Jo C. replied 2 years ago.
I will try to find you a consumer credit specialist.
All the best.
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What date was the agreement signed?
Alex
Customer: replied 2 years ago.

I have no exact date but it was before 6/4/2007 and this credit card agreement was regulated by the Consumer Credit Act 1074. My records do not go any further than 01/01/2008

Expert:  Ash replied 2 years ago.
Who is chasing the debt now please?
Alex
Customer: replied 2 years ago.

At this moment it is MKDP but it has been MKRR, Raven Recoveries,MK Rapid Recoveries, MKDP, Raven Recoveries, Keynes Collections. MK Rapid Recoveries... None of them seem to know what the other has done although I believe they are all the same company

Expert:  Ash replied 2 years ago.
I would ignore it. As soon as 6 years go by from the date of last payment, or if you acknowledge the debt then its statue barred anyway. So make sure you do not admit it and it goes on for 6 years.
It is only where they try and issue proceedings against you should you defend it on the basis the agreement can not be enforced. The problem is if you issue proceedings now to declare it can not be enforced they could counter claim against you for the sums owed.
So just ignore everything for the moment and ask for copies of the agreement by sending the £1 payment. They will have to go back to Barclaycard etc.
But the onus is on THEM to issue against you. You don't want that so just drag it out beyond the 6 year period.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

You gave me confirmation of what I had thought all along but it is nice to hear it from someone who actually practices law on a daily basis. The only thing that is unclear to me as you wrote it is the info about "statue barred"

Thanks for putting my mind at rest. I will now go through the whole file to make sure that since I stopped paying I did not admit to the debt anywhere.

Thanks a lot.

Expert:  Ash replied 2 years ago.
HAppy to help - please remember to rate my answer before you go if you would. Thanks!
Alex

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