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**SXGuy** · 16 May 2014, 18:54

Re: Barclaycard / Link Financial

It says the agreement was made in 2006, so if this was an online agreement, no signature was needed at that time as far as I know. However there may be other areas which im sure Niddy will be able to tell you.

**Scrappy Coco** · 16 May 2014, 18:56

Re: Barclaycard / Link Financial

Cheers SX Guy

Can you move the thread to the correct area as just realised I've posted it in the wrong forum

Thanks as always

Scrappy Coco

**SXGuy** · 16 May 2014, 19:12

Re: Barclaycard / Link Financial

Moved to General Chat. Think that's the correct place for this! (Quite new to this moderator malarkey)

No doubt if its wrong ill get told lol

**SXGuy** · 16 May 2014, 19:15

Re: Barclaycard / Link Financial

Oppise, just noticed, should be moved somewhere else!

Sorry guys! moved to general debt matters.

**Scrappy Coco** · 16 May 2014, 19:26

Re: Barclaycard / Link Financial

Cheers SXGuy,

I'm sure your get the hang of it

Thanks as always

Scrappy Coco

**Scrappy Coco** · 18 May 2014, 16:34

Re: Barclaycard / Link Financial

Bump anyone?

Thanks as always

Scrappy Coco

**Scrappy Coco** · 20 May 2014, 18:23

Re: Barclaycard / Link Financial

Evening,

Sent Link a letter advising them that they are taking the bloody piss and are in breach of ICO guidelines.

Also advised them to take me to court as I'd like my day in front of a judge.

Tonight I got a call advising that my complaint had been passed to their London office and could I call them to resolve this matter.

Only way this is getting resolved is they ain't getting paid

.

Default Notice is 4 days short of required time to resolve. They don't know this yet so I'm keeping this a secret and if and when they start legal proceedings against me as stated within the DN and on a seperate letter. I will hit them with it.

I will keep you updated

Thanks as always

Scrapy Coco

**Scrappy Coco** · 11 June 2014, 08:30

Re: Barclaycard / Link Financial

Morning all,

NID, if you about mate could you look at the attached in my previous post and let me know your thoughts. Cheers

Moving on, I have logged 2 official complaints for the ICO

1: incorrect reporting of payment history on my credit file
2: sending personal information to a debt management firm that has nothing further to do with me. But not just any old info. A letter threatening me with court action.

I have also logged a complaint with FOS. Have informed FOS that I also have a complaint with ICO

Have been in contact with the FCA as well as their letters clearly threaten legal action will be taken.

Link tried to back track when I pulled them on it but to late it's in writing.

In fact they tried to back track on everything they commented on regarding my complaint as I pulled them apart. Wa*kers

Just need them to default and terminate the account then I have them by the b*llocks.
They haven't carried out their threat yet

Thanks as always

Scrappy Coco

**Scrappy Coco** · 8 April 2015, 18:45

Re: Barclaycard / Link Financial

Evening all,

Been somewhat distracted for the past few months getting divorced. The ex is trying to literally take the shirt off my back. Only consolation is the house is sold after all the work I put in getting the mortgage moved. That's another story a few of you already know.

Need some urgent advice if anyone can help me.

Cut a long story short, Barclaycard sold my account to Link (IDR). Link had been reporting a pre default status on my credit file for 3yrs. I contacted them and they refused to budge advising me that they had done nothing wrong and hadn't breached any guidelines or regulations.

I went to FOS & ICO. Guess what? Shock horror FOS ruled in my favour and told Link to back date the default. The ICO also contacted Link and told them to put matters right.

So, I have heard nothing from Link and today I received a letter asking for financial information and a payment proposal.

So what are my options here? After their outright refusal and the general f/ck you attitude of this firm I don't think I should pay them a bloody penny and bill them for the time I wasted due to their shit customer service lol

Link have never issued me with a default notice. Can they issue a backdated one?

Link updated my credit file before FOS ruling to try and make it look like they hadn't been registering a pre default status

Link have change my credit file history to show a status of up to date (green) in fact it's a mess.

Any help appreciated

Thanks as always

Scrappy Coco

**Never-In-Doubt** · 11 April 2015, 00:08

Re: Barclaycard / Link Financial

Couple of issues here. First go back to the ico / fos and tell them link still haven't sorted it properly. Up to date green is WRONG. Demand they put the correct marker on. This means it MUST be defaulted at the CRA's within 9 months of first missed payment. So when was that? If it was June 2012 then the latest date they can add a DN is March 2013. So there's no guess work involved. It's easy to get the latest available default date (it's date of first missed payment + 9 months.). Green markers are wrong. You want the backdated default.

Read guidelines here -> http://forums.all-about-debt.co.uk/s...rence-agencies

point 11 - time framework

• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.

• Accounts should normally be filed as being in default where those payments due have not been received for six months.

Second, yes they can remedy a default at any point.

Third, do a CCA request. See what docs the lender has.... Before replying to their cheeky letter asking for I&E.

** Issuing a default notice isn't the same as recording one at the CRA's. Don't confuse the two whatever you do. Read here -> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

**Scrappy Coco** · 11 April 2015, 08:05

Re: Barclaycard / Link Financial

Originally posted by Never-In-Doubt View Post

Couple of issues here. First go back to the ico / fos and tell them link still haven't sorted it properly. Up to date green is WRONG. Demand they put the correct marker on. This means it MUST be defaulted at the CRA's within 9 months of first missed payment. So when was that? If it was June 2012 then the latest date they can add a DN is March 2013. So there's no guess work involved. It's easy to get the latest available default date (it's date of first missed payment + 9 months.). Green markers are wrong. You want the backdated default.

Read guidelines here -> http://forums.all-about-debt.co.uk/s...rence-agencies

point 11 - time framework

Second, yes they can remedy a default at any point.

Third, do a CCA request. See what docs the lender has.... Before replying to their cheeky letter asking for I&E.

** Issuing a default notice isn't the same as recording one at the CRA's. Don't confuse the two whatever you do. Read here -> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

Hi Niddy,

Thanks for being a great help as always.

I will send off the CCA today but I have a couple of questions for you if that's OK?

I thought only the original creditor could issue a default notice?
Barclaycard sold the account without issuing a default notice - I was under the impression the creditor could only take further action after the account has defaulted, including: Passing the debt to a DCA
I have a letter from LINK actually threatening me with legal action - It is our intention to terminate the account and demand full repayment of all the indebtedness to us under the Agreement and to commence court proceedings for recovery in default of payment.
I have never been issued with a default that relates to the actual termination of my account. Under section 87 & 88 they have a legal obligation to issue a notice ?

Thanks as always

Scrappy Coco

**Never-In-Doubt** · 11 April 2015, 11:16

Re: Barclaycard / Link Financial

Originally posted by Scrappy Coco View Post

Hi Niddy,

Thanks for being a great help as always.

I will send off the CCA today but I have a couple of questions for you if that's OK?

I thought only the original creditor could issue a default notice? A DN must be issued before the beneficiary can demand full repayment of sums or indeed enforce it through the courts. It must be issued by the owner. The creditor can assign all rights to another party and they can default you.
Barclaycard sold the account without issuing a default notice - I was under the impression the creditor could only take further action after the account has defaulted, including: Passing the debt to a DCA. See above.
I have a letter from LINK actually threatening me with legal action - It is our intention to terminate the account and demand full repayment of all the indebtedness to us under the Agreement and to commence court proceedings for recovery in default of payment. See above. That's fine if you defaulted and link were the assignees.
I have never been issued with a default that relates to the actual termination of my account. Under section 87 & 88 they have a legal obligation to issue a notice ? Then they cannot enforce the debt.

Thanks as always

Scrappy Coco

Hiya - see answers in red.

**Enforcer** · 11 April 2015, 20:06

Re: Barclaycard / Link Financial

Brilliant reply, clarifies everything. Should be really informative to other members.

**Scrappy Coco** · 25 June 2015, 09:05

Re: Barclaycard / Link Financial

Morning all,

Received the attached in response to my CCA request

What's the next move? I would like to get shot of this once and for all and at the same time getting the DF removed. I'm sure I read somewhere that if an account is deemed unenforcable then CRA have to remove the detail or at a note of some kind or did I dream it

All suggestions / advice welcome

Thanks as always

Scrappy Coco

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