Barclaycard/Link Financial

[TillyU]

In 2011, due to my personal circumstances at the time, I wrote to the original lender, Egg, offering £1 per month. Shortly afterwards, Egg was taken over by Barclaycard. I continued to pay the £1.00 per month and didn't hear anything until last year when BC informed me that the account has been closed and transferred to Link Financial. Link Financial informed me that they would honour any existing payment arrangement for a period of 6 months. This is the ONLY letter I have ever received from Link.

On 28 October 2016, I sent a CCA Request by Recorded Delivery. I have since heard nothing, but have continued to pay £1 per month. However, I note that Link have placed a Default on my credit file. I was under the impression that whilst a dispute was on going, then a Default should not be recorded.

I would be very grateful for any clarification/advice on how to proceed.

Many thanks.

[The Tech Clerk]

Re: Barclaycard/Link Financial

default has to state true account info regardless existing dispute exist, by the way no CCA received then another story, more info would help people assess your situation? also the default should keep original date defaulted and if a debt buyer obtains an account they can only change owner name not any dates.

[Roger]

Re: Barclaycard/Link Financial

TillyU

I think you should follow The Tech Clerk recommendations here and provide more information.
Set this out as per mine and other Diary entries and you will get good advice.

Good luck

[Pixie]

Re: Barclaycard/Link Financial

Hi TillyU and welcome to AAD.

Your welcome thread is here -->http://forums.all-about-debt.co.uk/s...740#post584740 and contains some useful links.

As TTC and Roger have said it would help us to have more information. Can you give us the answer to the following questions:

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

Link are entitled to register a default as you've defaulted on the original agreement by not paying the minimum monthly payment. What was the file showing previously?

You've come to the right place for help.

[TillyU]

Re: Barclaycard/Link Financial

Many thanks for the responses - really grateful. I will pull together relevant information and post details as recommended. Thanks again for such a nice welcome the site.

[TillyU]

Re: Barclaycard/Link Financial

Diary:

Type of Account: Credit Card: Originall Egg then became Barclaycard
Date Comgmenced: Approx 2004
Outstnding Balance: 3,780.00
Last FULL payment: June 2011
Paying £1 per month since June 2011
Account status; Up-to-date with regard to £1.00 per month
Account Owner: DCA (ie. Link Financial)
CCA requsted on 28th October (via Recorded Delivery) but, to date, have received no response whatsoever,

Tech Clerk - you say that Default has to state true account info. Does that mean that the Default should be dated back to June 2011, when I started to pay £1 per month and does that mean that the Default should drop off my credit file in June 2016?

Many thank in advance for responses.

[The Tech Clerk]

Re: Barclaycard/Link Financial

The default date is the date the originator defaulted you , defaults are shown for 6 years England/wales or 5 years Scotland.

[The Tech Clerk]

Re: Barclaycard/Link Financial

make sure you keep copy of letter for a CCA1974 request, as they are in default as the 12 + 2 days are long past, also the record of delivery copy attached to it.

[cymruambyth]

Re: Barclaycard/Link Financial

Hi Tilly and welcome to AAD. The account is unenforceable whilst they are in default of your CCA request (you did send £1 with your request?).
Defaults should be recorded with the CRAs when the account is defaulted - some companies don't register a default if an agreement to pay has been reached. You can only be defaulted once for an account, even if it is sold on, and this remains on the CRAs for 6 years.
Whilst you are paying anything the account remains alive, have you considered stopping paying and going down the UE route? You will get a lot of post and or phone calls, but this has been successfully achieved by many people by following the AAD way.

[PlanB]

Re: Barclaycard/Link Financial

I will pull together relevant information and post details as recommended. Thanks again for such a nice welcome the site.

Have you've got any other debts which would benefit from a look-see by those who've been through the unenforceability process and come out the other side in one piece

Di

[TillyU]

Re: Barclaycard/Link Financial

Thanks again to everyone for this really useful advice. 'Plan B' - as it happens - I do! I had 2 Egg Cards and history with them both is identical. Both with a DCA (Link Financial) and no CCA forthcoming since my request in October. However, on the other one, I am not paying anything. I will take the advice given and be prepared for having to Wtake phone calls (obviously I will refuse all conversation and ask for everything in writing) and will deal with letters as and when they come. The strange thing is though, I have never been plagued with letters until the two from Link Financial in October. Since 2011, I had been paying Barclaycard the £1 per month and received nothing further since my original letter to them in June 2011. Whether this was to do with the transfer from Egg to Barclaycard around 2011, I just don't know. As I say, since requesting CCAs for both accounts in October 2016, again, I have had nothing.

Can I just say a huge thank you for all your responses. I can imagine that there are people who contact this site as a last resort and must be feeling very low with no idea of how to move forward. Without doubt you are a life line and give people their lives back. I take my hat off to you all!

Thank again!

[PlanB]

Re: Barclaycard/Link Financial

I can imagine that there are people who contact this site as a last resort and must be feeling very low with no idea of how to move forward.

I was one of those in 2011.

Why not turn this into your own UE Diary with the other debts included. They may be quiet for now but you might as well see what's what in case they start to make a noise later.

It's very satisfying to know that a debt is UE. I can speak from experience

Di

[Pixie]

Re: Barclaycard/Link Financial

Can I just say a huge thank you for all your responses. I can imagine that there are people who contact this site as a last resort and must be feeling very low with no idea of how to move forward. Without doubt you are a life line and give people their lives back. I take my hat off to you all!

Thank again!

Thank you TillyU We've all been there and come out the other side.

I suggest you seriously think about stopping your £1 payments and go down the UE route? If you'd done that back in 2011 (instead of doing the "right" thing) you'd be looking at the debts being statute barred this year and defaults disappearing from you credit file.

[TillyU]

Re: Barclaycard/Link Financial

You are absolutely right Pixie and that's what is so frustrating. No point in dwelling on it though and as they say 'you learn by your mistakes'. I will take the advice and stop the £1 payments and prepare for the possible onslaught!! However, I know that I have all the support that I need right here on this site. As always, thank you!

[TillyU]

Re: Barclaycard/Link Financial

Hi Guys

I finally received a response today to my original request for a CCA, Section 77/88 request back in October 2016. Link Financial confirm that Barclaycard are unable to fulfil the request and th concludes with "Although the agreement is currently unenforceable the account balance remains collectable. We look forward to hearing from you in due course".

So, once again, I'd be grateful for your advice - do I completely ignore any future correspondence? With regard to phone calls, I know that should not enter into any conversation and
ask them to stop calling and to write instead?

As always, I'd be grateul for your comments.