scottygees UE diary

[Morse]

So further letter recd today from Cabot this time a little more threatening mentioning letter before claim, attachment of earnings etc and giving 14 days to reply. They still haven’t sent my requested CCA. Any advice at this stage ? Are Cabot still not registered ) TIA

Hi Scottgees,
Is this one for an overdraft? I'm not sure but I think overdrafts may be excluded from the CCA, therefore a slightly different approach may be needed.
Best wishes, good luck
Morse

[scottygees]

Hi Scottgees,
Is this one for an overdraft? I'm not sure but I think overdrafts may be excluded from the CCA, therefore a slightly different approach may be needed.
Best wishes, good luck
Morse

Yes this is the overdraft. Reading the letter again it does say potential legal action and what that may mean. It also states “if” a solicitor is instructed,so again this may just be another way of ramping up a bit of pressure without them actually carrying out the threat. Any advice greatly appreciated

[The Tech Clerk]

Is it a treatogram or an actual 5 page PAP letter? giving 30 days? Diana Mayhew

[Joanna Connolly Solicitors]

So further letter recd today from Cabot this time a little more threatening mentioning letter before claim, attachment of earnings etc and giving 14 days to reply. They still haven’t sent my requested CCA. Any advice at this stage ? Are Cabot still not registered )

Which debt does this relate to, and can you re-post or quote the history so any suggestions can be made on what your next step should be or not be.

Di

[scottygees]

BARCLAYCARD

• Credi card
• Date commenced -unknown
• Approx balance-£957
• Date last paid-Jan 2016
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-default 30/3/2016
• Account owner- Link Financial Outsourcing

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request not delivered as no access to delivery address. Await post to be returned and send again
18/7/17-CCA request delivered and signed for
19/10/17-letter recd from Link Financial dated 16/10/17. Confirming original creditor(Barclaycard) are unable to fulfill the section 77/78 request . They agree the account is currently unenforceable but that the outstanding balance remains collectible and it is acceptable for creditors to register and continue to report a default. They conclude by stating this information concludes their obligations under section 78 of the act
20/10/17-statement of account recd from Link with information sheet regarding notice of arrears
27/10/17-letter from Link confirming no repayment plan in place.Please contact them with an offer of repayment
18/12/17-Letter received from Link dated 14/12/17, still no repayment in place please contact us.We remain committed to debt recovery by negotiation but will if needed pursue through county court.
20/4/18-statement and arrears fact sheet received from Link.
30/4/18-Letter received from Link stating exactly the same as letter received on 18/12/17.no action taken as CCA still not received

CCA REQUEST STILL OUTSTANDING UE

16/11/18 so out of the blue a receive a letter from Barclaycard saying I am due a refund of £113.14 due to negligence on their part when I fell in to arrears. Unfortunately this is being credited directly to the account to reduce the outstanding balance. So my question is how will that affect the statute barred date? Thanks in advance

[scottygees]

BARCLAYCARD

• Credi card
• Date commenced -unknown
• Approx balance-£957
• Date last paid-Jan 2016
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-default 30/3/2016
• Account owner- Link Financial Outsourcing

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request not delivered as no access to delivery address. Await post to be returned and send again
18/7/17-CCA request delivered and signed for
19/10/17-letter recd from Link Financial dated 16/10/17. Confirming original creditor(Barclaycard) are unable to fulfill the section 77/78 request . They agree the account is currently unenforceable but that the outstanding balance remains collectible and it is acceptable for creditors to register and continue to report a default. They conclude by stating this information concludes their obligations under section 78 of the act
20/10/17-statement of account recd from Link with information sheet regarding notice of arrears
27/10/17-letter from Link confirming no repayment plan in place.Please contact them with an offer of repayment
18/12/17-Letter received from Link dated 14/12/17, still no repayment in place please contact us.We remain committed to debt recovery by negotiation but will if needed pursue through county court.
20/4/18-statement and arrears fact sheet received from Link.
30/4/18-Letter received from Link stating exactly the same as letter received on 18/12/17.no action taken as CCA still not received

CCA REQUEST STILL OUTSTANDING UE

16/11/18 so out of the blue a receive a letter from Barclaycard saying I am due a refund of £113.14 due to negligence on their part when I fell in to arrears. Unfortunately this is being credited directly to the account to reduce the outstanding balance. So my question is how will that affect the statute barred date? Thanks in advance

[nightwatch]

16/11/18 so out of the blue a receive a letter from Barclaycard saying I am due a refund of £113.14 due to negligence on their part when I fell in to arrears. Unfortunately this is being credited directly to the account to reduce the outstanding balance. So my question is how will that affect the statute barred date? Thanks in advance

Hiya,
as far as I am aware it should not make a differance to SB, keep hold of the letter saying Barclays are repaying it to the account.
This would proove that you did not make the payment. it also means that the DCA will have to change the Balance due on any paperwork.
plus the fact it is UE till they produce the CCA so can't enforce through the courts

[scottygees]

Hiya,
as far as I am aware it should not make a differance to SB, keep hold of the letter saying Barclays are repaying it to the account.
This would proove that you did not make the payment. it also means that the DCA will have to change the Balance due on any paperwork.
plus the fact it is UE till they produce the CCA so can't enforce through the courts

Many thanks.So just out of curiosity should I now legally receive something from the DCA confirming the new balance?

[nightwatch]

Many thanks.So just out of curiosity should I now legally receive something from the DCA confirming the new balance?

you should, but don't hold your breath

[Joanna Connolly Solicitors]

receive a letter from Barclaycard saying I am due a refund of £113.14 due to negligence on their part when I fell in to arrears. Unfortunately this is being credited directly to the account to reduce the outstanding balance.

Can you clarify who owns this debt?

From your Diary post it looks like it was assigned (sold) to Link Financial.

So which "outstanding balance" is being credited by Barclaycard - is it Link or Barclaycard who no longer own the debt (if it was assigned)?

Di

[scottygees]

Can you clarify who owns this debt?

From your Diary post it looks like it was assigned (sold) to Link Financial.

So which "outstanding balance" is being credited by Barclaycard - is it Link or Barclaycard who no longer own the debt (if it was assigned)?

Di

Barclaycard are going to credit the payment to the balance that is held by Link Financial

[The Tech Clerk]

asking was Link Financial assigned the debt?? you receive a letter stating assigned to them or not? (i.e. that they now owned the debt_>>

[Joanna Connolly Solicitors]

Barclaycard are going to credit the payment to the balance that is held by Link Financial

This is what Jo posted on another thread where Barclaycard said they were going to do the same >

If the debt has been assigned then Barclaycard should refund you direct as they no longer own the debt. Respond to them and reject their kind offer to pay PRA instead......

Di

[scottygees]

This is what Jo posted on another thread where Barclaycard said they were going to do the same >






Di

So I have contacted Barclaycard who have confirmed the account has been assigned to Link. However they state they are within their rights to pay any refund directly to Link to help reduce the balance. Any advice?

[Roger]

You say contacted is this by Phone?
You need to put everything in writing especially in these Cases with Proof of postage