At long last I am claiming life back

[Selinek]

Send unredacted copy (only he will see it) to webmaster@all-about-debt.co.uk. Include a link to this thread.

Great, thank you. Its been a while since Ive done this. .

[Selinek]

I wouldn’t worry about it if they have admitted that it’s UE it’s their problem.

I suspect Moorcroft clutching at straws.

[Selinek]

As Night Monkey above says.
In the correspondence does the name MERCER appear especially with reference to Default Notices?

No , not seen anything . What's the significance of the term ?

[Selinek]

I'm confused by post#235. Are those two separate letters? One from Moorcroft saying here's your agreement, and one from Barclaycard saying we can't fulfill our obligations, both received at the same time? What is the Short Form Cancellation enclosure? What part of the request have BC not fulfilled?

The letter from Moorcroft as shown attached another letter that was supposedly sent to my back in 2017 from Barclaycard that they couldn't fulfil my CCA request . I Didn't receive this letter , I have kept all letters since 2017.

There's no short form cancellation just copy of a credit agreement.

I changed the layout of post,hopefully this is clearer

[Selinek]

My response from PRA was a bit like that. There were three letters in the same envelope, one from PRA to me saying they couldn't supply the CCA, one from Barclaycard to link saying they couldn't provide the CCA, and a third one from Barclaycard to me saying they couldn't provide the CCA.

Clearly they confuse themselves !

[The Tech Clerk]

Clearly they confuse themselves !

give them more than two drawers then that confuses them!

[Selinek]

give them more than two drawers then that confuses them!

True and gives us an untold amount of entertainment

[Night Monkey]

I wouldn’t worry about it if they have admitted that it’s UE it’s their problem.

A fair point, but I'd be minded to find out exactly where I stood now rather than wait and have to run around panicking should anyone start issuing court papers.

[Roger]

Nobody is threatening you and MOORCROFT can't sue you because they are Debt Collectors not the Debt Owners.


Your Diary shows this as an EGG Credit Card

Barclaycard took over the Egg business in May 2011 in some Cases replacing the Egg Account with a Barclaycard Account.
The original Card was pre 2007 and this is important!!!
Your last (FULL?) payment 2008 which suggests that you were defaulted by EGG before this was transferred to Barclaycard 2011
It occurs to me that Barclaycard acquired a Debt that had already been Defaulted and Closed!

The DMP SC suggests that paper work and advices may have been sent to SC!

The Diary shows Account owner : Link Financial

Then comes 01/07/19 :Link Letter informing acct sold onto ASSET LINK CAPITAL ?????
So who was assigned this debt before 2019 ?
LINK Financial were writing to you BUT we may well find that LC Asset 2 Sarl were assigned the Debt from Barclaycard.

Understand this is an extremely muddled chain with more questions that answers! The Assignment Chain is from EGG to Barclaycard (Link Financial are unlikely to have been assigned the debt from Barclaycard) then that checky attempt to Assign to ASSET LINK CAPITAL but from whom??? Not I suggest from Link International.

There are MORE Questions here than Answers and the S.78 Request and the paper work received looks muddled doesn't it!

SILENCE WITH MOORCROFT!

Send Niddy what you have been sent!
Send a SAR to Barclaycard to find out what data they hold, if any and whom they assigned the debt to!

[Selinek]

Nobody is threatening you and MOORCROFT can't sue you because they are Debt Collectors not the Debt Owners.


Your Diary shows this as an EGG Credit Card

Barclaycard took over the Egg business in May 2011 in some Cases replacing the Egg Account with a Barclaycard Account.
The original Card was pre 2007 and this is important!!!
Your last (FULL?) payment 2008 which suggests that you were defaulted by EGG before this was transferred to Barclaycard 2011
It occurs to me that Barclaycard acquired a Debt that had already been Defaulted and Closed!

The DMP SC suggests that paper work and advices may have been sent to SC!

The Diary shows Account owner : Link Financial

Then comes 01/07/19 :Link Letter informing acct sold onto ASSET LINK CAPITAL ?????
So who was assigned this debt before 2019 ?
LINK Financial were writing to you BUT we may well find that LC Asset 2 Sarl were assigned the Debt from Barclaycard.

Understand this is an extremely muddled chain with more questions that answers! The Assignment Chain is from EGG to Barclaycard (Link Financial are unlikely to have been assigned the debt from Barclaycard) then that checky attempt to Assign to ASSET LINK CAPITAL but from whom??? Not I suggest from Link International.

There are MORE Questions here than Answers and the S.78 Request and the paper work received looks muddled doesn't it!

SILENCE WITH MOORCROFT!

Send Niddy what you have been sent!
Send a SAR to Barclaycard to find out what data they hold, if any and whom they assigned the debt to!

Hi Roger: I have been muddled with this for years . Pre 2019 all correspondence came from LINK. Seems odd since Barclaycard bought egg in 2011. I get voicemails from LINK to call re this account , letters from Moorcroft stating their client is Barclaycard owned by LINK. Very clear ... as mud.

I will request a SAR from Barclaycard and send data to Niddy. Many thanks

[Selinek]

22 August 2019, 20:55
Citi financial

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £1119
• Date last paid: 2008
• on DMP SC until November 2017
• Now self managed: Not paid November 2017
• Status :defaulted. Defaulted ,dropped off my credit file
• Account owner : 1st Credit
• CCA request sent 11/09/17.
• Statute Bar 23/11/2023

Received letter stating that account is on hold until information has been found.

I know it’s a waiting game

Updates
22/12/17

was only thinking yesterday how quiet it has been. A “true” copy of Agreement bent sent today. Even though my address is there the agreement could be for anything. I could be wrong but I will send to niddy after the festivities. Merry crimbo

29/01/18

Niddy says its . 1st Credit have been in touch expecting to be paid! I would imagine letters and phone calls will start as I am not paying. Any ideas what I do next I don't have the stomach waiting for 6 year statue barred.


Hi Some guidance would be appreciated. I have received a letter from 1st credit paying they are " considering " county court action. What do I need to do ? Had a CCJ some years ago , now got rid and all defaults removed from CF. Credit is looking good , not wanting to undo that.

Thanks in advance

Updates:
February 2018 1st credit sent letters one threatening to consider court action:

Great advice from ADD+ to sent missing PT letter and SAR to Citi Financial


March 2018: Letter from 1st Credit for me to contact them regarding a discount they are willing to offer... FILED away
Letter from Intrum in response to missing PT letter. Of course they believe the agreement in enforceable and want paying . More great advice from ADD+ will send to 2nd agreement to Niddy to be doubly sure and possibly SAR Stepchange as well .

Just waiting for SAR response for Citi Financial , then take it from there


UPDATE: 24/04/18

Received response to SAR. Sent originally to 1st credit. Received a letter from Canada Square operations stating they will be dealing with request. I have received over 400 pages of paperwork. Surprisingly I have received a copy of the EGG loan agreement and credit card agreement made in the early 2000's. These debts are currently owned by Link. I must say I was surprised to see the agreements , baring in mind I had not heard from Link after sending a CCA last year. They have stepped up their phone calls recently. Have I shot myself in the foot by asking for SAR ? Shall I send the EGG agreements to NIDDY to have look at. In terms of Citi financial they have sent another agreement. Apparently according the letter one is the "original CCA" the other is "the current CCA" One has my current address on it the other has my old address on it. It looks like the one sent from 1st credit from CCA request. Shall I send this NIDDY again too. Any advice would be greatly appreciated

Great Advice from Roger . Thank you

Update: 28/06/18

Letter from Intrum dated 24.04.18 informing me of change of name from 1st Credit: Filed

Letter from Intrum dated 15/06/18 offering a reduction off outstanding amount. Ignored filed

Letter from Intrum received today, dated 25/06/18: Heading YOUR ACCOUNT WILL SHORTLY BE PASSED TO OUR INTERNAL LEGAL DEPARTMENT. They go onto to say " your account will be passed our legal department to consider county court proceedings. They then list the consequences of a judgment attachment to earnings , warrant of control charging order. They don't want to pursue this course of action . They have given me 10 days to contact them to prevent further action. Of course I have no intention of contacting them. Do I just wait to hear from their legal department. Just so I'm clear does a letter before claim need to be sent before they actually go ahead and obtain a CCJ?

01/07/18
Just a query : After receiving the letter from Intrum I was prompted to finish wading through the the paper work sent by Canada Square ( acting on behalf of Citi ) ; in reposes to my SAR: all 1100 pages I was confused as they sent me details of my old EGG accounts. Roger put me right ,on why this was the case..what a relief. Had a look at the Citi Financial details sent me. I have all the contract details and application dates etc re EGG accounts but not so much for Citi . Canada square sent me the same copies of the credit agreements requested to 1st Credit. They have been sent what they call "the “original” agreement" with 2003 date interesting part is the year at the top of one agreements is 2008, but statements for citi cards start 2003. Both are the same as ones sent to Niddy. According to the wording from Intrum (see above) they are likely to pass onto their legal team for pursue a CCJ. Will this will discrepancy be my defence ? I know I should wait just want to get in mind what my plans will be.

Thanks in advance

UPDATE 09/07/18
Received letter from intrum's legal department dated 06/07/18 stating the account will be passed to their solicitors with the intention of issuing a letter before claim in accordance with the formal legal proceedings. They have given me 10days to get in touch to arrange payment. No doubt they are going to take matters further. Is there anything I need to do before hand or do I sit tight and be in touch once I receive the LBC.


UPDATE: 31/07/18 Letter from Intrum. Letter dated 17/07/18 responding to Final Response Letter. The are adamant they have complied with the Act with the following reasons. I did precis .. hope it makes sense


The answer section 78 of act . There are various things that maybe omitted...

1)Subject to the following provisions of these regulations , every copy of an executed agreement security instrument or other document referred to in the act and delivered or sent to debtor and any provision of the act should be a true copy thereof

2)There maybe omitted from any such copy

b) Any signature box or date of signature.

Creditors are not required tp provide a copy bearing signatures. They quote "this was confirmed by Judge Waksman in Carey v HSBC 2009. They go on to confirm they canned reconstitued copies which was enclosed with a letter they sent me in December 17. A statement of the terms of the agreement as varied has been provided to me

A statement account given from Dec 17

Compliance with section 61

They have sent an income and expediture for me to complete with a offer of payment

They have put account on hold for 30 days. they will pursue recovering the outstanding amount. Is this a standard letter they send out to give the impression that they are in the right and I am in the wrong?

UPDATE: 01/10/18: 11/08/18: Final response letter sent

Letter from Intrum, dated 20/08/18 responding to above. They wrote they provided a copy agreement with my signature nd varied terms I force at the time. Income and expenditure sheets sent to complete to . Account put on hold leaving with the outstanding monies will be recovered.

Letter from Intrum dated 25/09/18 : Want me to contact to discuss the status of account. If I don't respond in 10 days they may instruct their solicitors to commence legal proceedings : I will wait it out, Filed

UPDATE: 12/11/18

18/10/18: Very nice letter from Intrum giving a statement of account and advising they have convenient options to pay. They go on to talk about GDPR. Interesting baring in mind they were going take action : Filed

05/11/18: Letter from Intrum stating they will not be pursuing litigation at this point after reviewing my account . My account will be transferred from the Legal Department back to collections
I am asked to contact them with 10 days to discuss payment options : Filed will see what happens next

UPDATE:

09/11/18: Letter from intrum offering a 30% discount : Filed

UPDATE: 16/05/19: Letter from intrum offering a 50% discount : Filed

UPDATE: 07/08/19 : Letter from intrum offering a 65% discount: Filed

UPDATE: 13/08/19: Letter from intrum advising if I do not contact the m in 7 days they will pass my account to Resolvecall: Had this before with another company: Will send harassment letter.

UPDATE: Letter from Resolvecall. Dated 19/08/19 received today. I must contact them in 7 days or have a home visit. Door step letter will be send recorded tomorrow. Worked last time, heard they still turned up at someone house, but will see

---

05/10/22

Letters from Intrum continue offering discount each month


UPDATE:

09/02/23

Letter from Intrum offering a discount : Filed

[Selinek]

Egg Card

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £1200
• Date last paid: 2008
• on DMP SC
• Status :defaulted. dropped off my credit file
• Account owner : Link Financial
• Statue Bar 17/11/2023

CCA request sent 11/09/17.

Absolutely no response.

3/11/17: received another statement of account. They have used the £1 CCA fee towards the balance. Bloody cheek. They have not complied think it’s about time I stopped payment. Should I send a reminder ? Advice greatly appreciated

01/06/18

Update : 10/05/18: Letter from link saying they are concerned I have not made any payments, much the same blurb as other link accounts
24/05/18: same letter as previous accounts wanting to help . Ignored both letters !


UPDATE: 01/101/8; Letter from Link dated 14/08/18 to contact them to set up a payment plan: Filed

Letter from link dated 17/08/18 The same as above : Filed


UPDATE: 31/03/19 : Statement of account from LINK

UPDATE: letter from LINK wanting me to contact them to discuss payment. Filed

UPDATE 01/07/19 :Link Letter informing acct sold onto ASSET LINK CAPITAL: offering 45 monthly instalments to clear debt : Filed away

September 2019: Link Letter Statement of Account: Filed

UPDATE:
March 2020: Link : Statement of account : filed
September: Link Statement of account : Filed
March 2021 Link Statement of account : Filed
September 2021: Link want to know why I haven't made payment : filed
December 2021 Link as above
27/03/22: Link statement of account: Filed
May 2022: Letter why I haven't paid: Filed
September: Link letter : Account transferred Moorcroft Filed
September 2022: Letter Moorcroft introducing themselves Filed



UPDATE:
Letter from Moorcroft dated 11/10/22 Recvd 14/10/22: Letter stating to prevent further debt recovery I need to make a payment proposal. They go on to say if I don't contact them by 18/10/22 they may continue with further debt recovery action or seek another debt collection recovery. I suspect without a a valid CCA , they are in a difficult situation.


UPDATE:

November 2022: Countless emails text and message for me to get in touch
26/11/22

Letter from Moorcroft informing that I have not been in touch and acct now moved to Field Reconnection Division : Field reps to visit in other words. Ive had letters like this in the past . I will send the harassment letter.





UPDATE
09/12/22

Letter from Moorcroft acknowledging my letter and consulting with their client Barclaycard-owned by LINK. They will get back in touch with me once their client has decided what they want to do next...Filed


10/12/22

Letter from Moorroft ( in the same envelope as above. Informing they won't contact me until the investigation re my query is complete

07/02/23

Letter from Moorcroft attaching a credit agreement dated 13/12/2017 . This was not sent to me at the time. News to me. Can someone remind me how I send agreement to Niddy?

Letter from Moorcroft 07/02/23

Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with BARCLAYCARD - OWNED BY LINK.

Please find enclosed a copy of the credit agreement for the above account.

Your account will remain on hold until xx/xx/xxx to allow you time to consider the information provided and let us have your proposals for settlement. Alternatively let us know if you have any further queries. Please note that we are anxious to make progress in relation to this account and avoid any further debt recovery action and therefore we look forward to hearing from you.
If you do not have a current repayment plan in place please be aware that we are always happy to seek to reach an agreement which you can afford and maintain, based upon your financial circumstances.
If you have any specific queries in relation to our involvement with regard to your account, please contact us on the above telephone number, or visit us at www.mdrl.co.uk.

A copy of a Letter from Barclaycard 13/12/2017

Important information about your Barclaycard account
I refer to your request for information.
We refer to your request for documentation under Section 78 of the Consumer Credit Act 1974, under which we must provide a copy of the executed agreement (and any document referred to in it) and a statement of the account. We need to advise you that, regrettably, we are currently unable to fulfil your request. As such, we are not currently able to enforce our agreement with you and the agreement will remain unenforceable until such time as we are able to fulfil your request.
what this means for you
Whilst discussions continue, we know that we're not able to enforce our agreement with you, but our rights continue to exist under the agreement.

Your current outstanding balance is £000000 and you will need to continue to pay the debt that's accrued on the account and make payments in accordance with your statements
It is important to note that, where debt has accrued on your account, we will, where required, report to credit reference agencies (which may impact your credit rating), demand payment from you, issue a default notice, and instruct a third party to demand payment or otherwise seek payment from you.

This completes our obligations under Section 78 of the Act.
Yours sincerely
Barclaycard Customer Services

ENCLOSURE: Short Form Cancellation, Historic Terms and Conditions


UPDATE: March 2023

Letter from Moocroft asking me to contact them to agree a monthly instalment offer. Filed

[Selinek]

Egg Loan

• Type of account: personal loan
• Date commenced pre 2007
• Approx balance: £799
• Date last paid: 2008
• on DMP SC
• Status :defaulted. dropped off my credit file
• Account owner : NCO Arrow/Capquest
• Statute Barred : 17/11/23

CCA request sent 11/09/17.

Absolutely no response

02/11/17. Received letter from Arrow informing that account is unenforceable. Egg no longer exists right. Does that mean it’s unlikely they will ever find the original agreement. They go on to say they require my proposal for repayment.

Do I stop paying?

UPDATE:

Not paid since November.
.
31/05/18: Statement of account from Arrow. Never had one before. No demand for money mind , but they do say I can settle my account at any time. Interesting

Advice Please:

I received a letter from Canada Square operations saying they have upheld my complaint for PPI. I had forgotten I had sent in a claim, was chancing my luck because I wasn't sure I had any PPI on account . On Friday I got a check for a couple of grand. If I cash the chq will this suggest I am responsible for the debt despite it is unenforceable

Update

05/10/22

March : letter from Arrow : Statement of account. Filed


UPDATE MARCH 2023
Letter from Arrow statement of account with some reference to them not charging interest even though they could and a short paragraph to pay in full any time : Filed

[Roger]

Ever six months a statement of account from Arrow!
02/11/17. Received letter from Arrow informing that account is unenforceable.

Well they can ask! But its going nowhere isn't it!

[Selinek]

MBNA
· Type of account: credit card
· Date commenced Not sure
· definitely before Apr 2007
· Approx balance: £1255
· Date last paid: 2008
· on DMP SC
· Status :can’t remember if acct was defaulted vague recollection it was. Not showing on my credit file
· Account owner : Idem

MBNA UPDATE.
· CCA request sent September 17
· Letter of Acknowledgement of request September 17
· UPDATE 30/09/17
· Letter from Idem stating they are unable to locate a copy of agreement. They acknowledge they cannot enforce agreement until agreement is located. They went in to say they still plan to pursue debt include registering any defaults and arrears.
· This maybe familiar some of you. I’m guessing this is a standard letter. The query I have is can DCA register arrears if Debt has already dropped of my CF ?
· 16/10/17 received agreement. Sent off to niddy to have a look
30/10/17 Niddy confirmed this . . As I’ve been paying so SB isn’t an option for me sadly. Looking for f& f for definite



04/02/18
I did make a 10% offer which was rejected. Received a letter from IDEM yesterday dated 31/01/18, stating that there is no payment arrangement. If I don't contact them within 7 days my account will be renewed for further action which could result in either acct being placed in "our internal recoveries dept" or "acct being placed with an external debt collection agency for recovery activity" Am right in thinking they will sell onto another DCA or they threatening something far more serious?

I was considering UE route , but I have been down this debt road for 10 years I want to get rid, but not at any cost now. have become aware that DCA's pay pennies for our debts. Ive it said before if I knew about guys earlier on things would been different but I am where I am.

Just out of interest is there anyway I can found out how much DCA's actually pay. Not a biggie just curious.

I would like help in what to do with the letter. Shall I ignore and see what they come up with next ? I understand "could" is very different to will , but guidance would be very much appreciated


01/03/18: Idem Servicing have written after calling countless times a day ,telling me about their concern of them not being able to speak to me about payment . The have suggested that if I don't contact them I will either have some appear on my doorstep , have my acct placed with an external DCA ( Aren't IDEM a DCA?) or consider litigation proceedings. Not frighten of these letters now, well not as much .I will see what they come back with , but send an harassment letter in the mean time

19/04/18: Letter from Idem dated 16/04/18: they go on on about me not answering their numerous calls and would like me to contact them with 10 days. If I don't they will refer me to Resolve call for a home visit. I have read a lot on here , reassuring there is nothing to worry about. Will send door step harassment letter if needed

---

05/05/18

Letter from Resolve call sating that IDEM are having difficulty in contacting me and ask that I contact IDEM urgently. Resolve go on to say that if I do not contact IDEM then they will visit within 28 days of letter dated 01/05/18 me at my home to help me come to some arrangement. . I will be sending the door step letter. Do I send to both IDEM and resolve call or resolve call alone? I take it recorded delivery is the way to send letter or will an email suffice?

02/06/18
Update: 05/05/18 Door step letter sent.
10/05/18: Letter from resolve stating they are no longer dealing with the account
10/05/18: Letter from IDEM in response to my door step . They will be looking into my complaint
16/05/18: Letter referring to me their response to my previous complaint ( I sent telephone harassment letter to IDEM 02/03/17) saying they will not uphold my complaint and will not contact me for 30 days until I contact them to discuss payment . They go on to say they can instruct a third party to visit my property should they not be able to contact me by other means . Well we can do the dance if they like. The same door step letter will be sent as many times as needed if they want.


UPDATE:

18/06/18

Letter from IDEM dated 07/06/18 informing me that they have instructed WESTCOT to collect outstanding sounding amount. I guess just wait ti hear from WESCOT. Interesting turns of events . Not so long ago they were threatening CCJ's

UPDATE:
July 2022: Idem informed me they have been purchased by hoist

July 2022: notification of assignment from Hoist
August: Hoist letter offer was to pay
September: Hoist Ways to pay
September Offering discount
Hoist: phone calls text messages and voicemail asking me to get in touch ignored




UPDATE: FEBRUARY 2023
Countless voicemail messages to call , emails, texts, all ignored

Letter offering a discount : Filed