Marly Diary

[Marly]

Hi

A notice of sums in default is different from a default registered with the CRAs. It seems your account had not been terminated so interest was still accruing. Have you anything which confirms this? Their 27/11/14 letter says they will terminate the account (if arrears not paid). Once an account is terminated interest ceases to accrue. Did you ever receive a termination notice following the 27/11/14 letter? You say you moved in 2013, but you did receive that 2014 letter..

No interest has been charged on the account, the figure on the Link letters is the same as Barclays NOA.

I didn't receive a termination notice however like I said I moved in 2013 and the letter I do have were either forwarded to me by the tenants of my old address or from a royal mail redirection.

The exact wording of the notice is as follows:

Date of Notice: 27 November 2014

Tel: 0800 064 4499
Our Ref. XXXXXXXX
IMPORTANT - YOU SHOULD READ THIS CAREFULLY


Default Notice served under section 87(1) of the Consumer Credit Act 1974.

DETAILS OF AGREEMENT

Agreement No: XXXXXXXXXXX

	Assigned to:
Between XXXXXXXXXXX And Barclaycard PLC	IDR Finance UK Il Limited
XXXXXXXXXXX

Dated: 26/03/2013

We are required by law to send this notice to you before we can take action to recover the outstanding on your account.

You are in breach of the payments clause of your agreement which provides that you must make the minimum payment each month when due. You have failed to rnake the payments when due and your breach has resulted in arrears of £200.00.

To remedy your breach you must pay the arrears stated above to us before 14/12/2014.

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

The intended Action is.
To terminate the account and to demand full repayment of all your indebtedness to us under the Agreement and to commence court proceedings against you for recovery in default of payment.
If you fail to make the necessary payment we will tell the Credit Reference Agencies of your default which will be entered on your credit record. This may make it difficult for you to obtain further credit.

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE, YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

IDR Finance UK li Limited_ Registered in England number 07999437
Registered Office 4^th Floor. 40 Dukes Place, London FC3A INH
Authortsed and regulated by the Financ:al Conduct Authonty, number 652521 for accounts formed under the Consumer Credit Act 1974 (amended in 2006)

[Roger]

I’ll update my diary again in a bit.
they haven’t written for 18months so don’t really want to poke them for now unless I really need to, I was just intrigued about the default notice and why it would be dated 18 months after it had been defaulted.

IDR Finance UK II Limited see here
https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

How would Link/IDR know what the terms & conditions of a Live CCA Agreement were by Nov 2014? How would they know the interest terms without these terms & conditions?
IDR issue of a statutary s.86 (Default Notice) they are saying that the Debtor is in breach of the CCA terms and conditions and giving you the Debtor the opportunity to remedy A Live Account?
Then presumably they would issue a IDR Card? Do Link/IDR issue Credit Cards?

By asking now for a S.78 (paying a pound) from Link (who are writing to you) you are preventing them from later saying that you didn't advise them that there were issues.
There are issues aren't there?

[Still Waving]

Hi

A notice of sums in default is different from a default registered with the CRAs. It seems your account had not been terminated so interest was still accruing. Have you anything which confirms this? Their 27/11/14 letter says they will terminate the account (if arrears not paid). Once an account is terminated interest ceases to accrue. Did you ever receive a termination notice following the 27/11/14 letter? You say you moved in 2013, but you did receive that 2014 letter..

[Marly]

I’ll update my diary again in a bit.
they haven’t written for 18months so don’t really want to poke them for now unless I really need to, I was just intrigued about the default notice and why it would be dated 18 months after it had been defaulted.

[Roger]

Some have IDR finance uk II lts, some have link, and some have none for example:
march /april 2013 letters state Link
November 2014 is from IDR finance uk II ltd and states assigned to them on 26/03/2013 which contradicts NOA and letter from link in March and april 2013
28th April 2016 just shows originator as Barclaycard plc
June 2016 states we have previously written to you about this account, which has been sold to IDR finance uk II ltd
July 2016 is just a letter from Link with just a Link reference number and the card account number.
no I haven't sent cca to anyone about this account and I have never corresponded with either link or IDR.

Good idea to put this in the Diary.
I am not a Lawyer and this site has in my opinion the Best Team.
I think a good Diary helps to get the best advice.

I don't know what the MODS think but it seems to me that now might be the right moment to send that s.78 (plus £1) to Link (who are writing to you) quoting their reference.

[Marly]

Some have IDR finance uk II lts, some have link, and some have none for example:

march /april 2013 letters state Link
November 2014 is from IDR finance uk II ltd and states assigned to them on 26/03/2013 which contradicts NOA and letter from link in March and april 2013
28th April 2016 just shows originator as Barclaycard plc
June 2016 states we have previously written to you about this account, which has been sold to IDR finance uk II ltd
July 2016 is just a letter from Link with just a Link reference number and the card account number.

no I haven't sent cca to anyone about this account and I have never corresponded with either link or IDR.

[Roger]

Have updated this as I have found what looks like default notice from IDR Finance uk II limited- dated 18 months after LINK marked my file with default

On the Link Letters under the Dear Sir/Madam they will show a Claimnant Who or what name is shown there?

There is a pattern in their letters from 28 April (one I have seen)
Have you ever sent a S.78 (enclosing £1) request to Barclays or Link?

[Marly]

Debt 4- Originally Barclays

• Type of account- Credit Card
• Date commenced- February 2007
• Approx balance- £4.5k
• Date last paid July 2012
• Are you on arrangement or not paying- Was making regular reduced payments until February 2013
• Status- Default March 2013 by Link
• Account owner- Link Financial

22nd March 2013 Barclays wrote to say account sold to Link Financial having never marked default
31st March 2013 Link defaulted account prior to even contacting me.
10th April 2013 Link wrote to introduce themselves with another notice of assignment from "Barclays" again stating Link now owned the account
27th November 2014 IDR Finance UK II Limited sent notice headed Default notice served under section 87(1) of the consumer credit act and gave until 14th December 2014 to arrears. if not their intended action is to terminate the account and demand full payment of my indebtedness and commence court proceedings.
28th April 2016 Link wrote to say they hadn't contacted for some time as they had to locate address (I moved in 2013)
23rd June 2016 link wrote to say we have previously written to you about this account which has been sold to IDR Finance UK II Limited wanting to arrange a time to talk to me
8th July 2016 Link wrote again saying in Ignoring this debt will not make it go away (Uggggh kinda hoping it would lol)
6th November 2017 Link text asking me to contact them
4th December 2017 Link text to say Happy Christmas and offer 50% discount.....How nice!

Have updated this as I have found what looks like default notice from IDR Finance uk II limited- dated 18 months after LINK marked my file with default

[The Tech Clerk]

Postal Order send Recorded delivery and attach to your copy especially P.O. Number

[Still Waving]

I am not too worried about my signature as I completely changed it about 4 years ago, so will be quite amusing if they try and lift it to paste on any of their documents.

In that case no issue about sending a cheque. I can't think of any other reason not to.

[Marly]

I am not too worried about my signature as I completely changed it about 4 years ago, so will be quite amusing if they try and lift it to paste on any of their documents.

[Still Waving]

If you have the original account numbers, I would quote both rather than one, but you need not quote either. The original creditor is obliged to send copies of info for all accounts in your name. Also be aware that Cabot may be using different reference numbers to the originals - this is quite common.

As regards payment, some would say that as the account has been sold on there is no harm in sending a cheque. (Will you be signing the letter in your usual signature?)

Being a belt-and-braces type of person, and having no faith/trust in banks, I would send a PO regardless of the extra cost.

[Marly]

I am going to send a SAR to Tesco as I know they credited the account, but I cant remember the exact reason, I know Tesco had done something and apologised but I cant find the letters at the moment, do I put both the account numbers on the reference on the Sar template as there are 2 accounts. Also is it ok to send a cheque as this has now been sold or is it better to stick with postal orders?
Thanks

Could somebody confirm if it is ok to send a cheque or better with PO, and whether it is ok to just put one account number on the SAR or whether I need to put both? I would like to get this sent to Tesco ASAP so I have the info before Cabot start throwing their toys around.

thanks

[Marly]

It is a standard stance (quoting Carey) taken by many creditors/DCAs. They sometimes include it when they initially send something in response to a CCA74 request.

Thanks I though it may be a dca template letter like the ones we have, I googled a paragraph of it to see whether anyone else had asked the same, and it appears to be a popular letter to send by creditors.

[Still Waving]

I'm hoping this is a template letter they have sent as it looks like they have taken a part out as there is no (a) in one part and it starts at (b).

It is a standard stance (quoting Carey) taken by many creditors/DCAs. They sometimes include it when they initially send something in response to a CCA74 request.