Chris335 UE Diary

[chris335f]

Santander has recently instructed Wescot Credit services Ltd. to pursue and recover the outstanding debt. A CCA request has previously been sent 29/01/18 to Santander, unfortunately, it came back as enforceable. (copies of the reply to the CCA request were sent to Niddy for assessment).

https://all-about-debt.co.uk/forum/d...70#post1507070

I have just received a debt collection letter from Wescot. Can anyone advise what I should do with these enforceable debts? What are the consequences of ignoring the letter with a notice of debt collection that is enforceable? Has anybody had experience of this situation? Is it good news that Santander has sold the debt on to Wescot or bad news?

Thanks in advance.

[chris335f]

When did you last make a payment towards this debt?

When was the account assigned by Barclaycard to Link?

What was the documentation Link sent in response to your s 77-79 CCA Request (your first sentence in the above post suggests they responded months later)?

My apologies for the questions but I can't easily see this information on your thread

Di

Hello Di, thanks for your reply.

I have found out the following info:

Last full payment to Barclaycard was in April 2010, I went on a DMP and paid a reduced amount divided between all my creditors until November 2017.

Barclaycard assigned the account to Link Financial 16th August 2012. At that point, I was issued with defaults on both Barclaycard accounts.

The 77-79 CCA request was sent on 29/01/18. I have had no reply or acknowledgement of the CCA request until the letter I received this month claiming that debt is now enforceable.

https://all-about-debt.co.uk/forum/d...62#post1507062

Hope this helps, any more info required please let me know.

[Joanna Connolly Solicitors]

I have just received a letter from Link Financial concerning the Barclaycard Gold account which is very worrying. It states that the outstanding amount owing is now due and enforceable even though they did not reply to the original CCA request for months?

Link for reference: #2

. . . . Please, can somebody help with some advice I am not sure how to handle this situation? Is there a counter letter I can send in return? I may need to seek some legal advice if necessary to see where I go from here.

When did you last make a payment towards this debt?

When was the account assigned by Barclaycard to Link?

What was the documentation Link sent in response to your s 77-79 CCA Request (your first sentence in the above post suggests they responded months later)?

My apologies for the questions but I can't easily see this information on your thread

Di

[chris335f]

Thanks for your reply Mister K,

Taking into account what you have said, I think it may be best to send Barclaycard a SAR request as the card was changed to a Gold card, it's a shame that I cannot remember if I signed for it or it was an automatic update.

[MisterK]

It could be useful for you to know if the pre-1985 Barclaycard had been upgraded to a gold card because the agreement would then run from the upgrade date (if you had signed a new agreement). If that happened in the nineties then probably that new agreement would turn out to be unenforceable.

I don't think it's really essential to know this at the present time if you are not being threatened. You could SAR Barclaycard and if you did that you'd get everything they had about any Barclays accounts you had and you'd find out if there had been an upgrade agreement for this account. By sending an SAR to Barclaycard I don't think you'd awaken Link or any debt purchaser as they wouldn't know you'd done that. So that would probably be quite a safe thing to do if you wanted to.

Knowing you have a UE nineties account (if you do) as opposed to a potentially more vulnerable pre-1985 account would be comforting but remember this is only one issue which is likely to cause problems to any debt purchaser that thinks about issuing a claim. But if you like to get everything lined up and know more exactly where you stand then probably you'd want to do the SAR now rather than later. You could otherwise just leave it and perhaps pursue it only if things ever start to hot up.

[The Tech Clerk]

Feared? they all have trouble with that era so called agreements , no CCA received then unenforceable that is the same for any CCA request to anybody. if things are quiet = leave it be for now is what I would suggest, show movement and the dark awakens? just keep an eye on the post

[chris335f]

Thanks for the info Tech Clark, that is exactly what I have feared.

Does anybody have any advice on how best to handle this situation? I have read on other debt forums as Barclaycard did not comply within the 12+2 day timeframe of the original CCA request that it still makes this unenforceable? Should my next step be to send a SAR request to try to find out if the original Barclaycard was upgraded to a Gold card?

Thanks in advance.

[The Tech Clerk]

pre 1984 the cards were sent out and the 1st use was the agreement, believe it or not, most were under ACCESS or BARCLAYCARD sent out to all bank customers on launch to use or not!

[chris335f]

I have just received a letter from Link Financial concerning the Barclaycard Gold account which is very worrying. It states that the outstanding amount owing is now due and enforceable even though they did not reply to the original CCA request for months?

Link for reference: #2

Quoted reply from a previous post:
"The 1984 Barclaycard could be a problem as it predates 19 May 1985. Before that date the creditor need only supply current terms as a response to a CCA request. I would check whether you've signed an upgrade agreement since 1984. You mention that you had very high credit limits so it seems likely it was upgraded to a Gold card perhaps around 1997. If you can't remember whether it was upgraded then a SAR will tell you."

Please, can somebody help with some advice I am not sure how to handle this situation? Is there a counter letter I can send in return? I may need to seek some legal advice if necessary to see where I go from here.

Thanks in advance.

[Roger]

I never looked at the Credit Agencies until recently. My prior experience, which I never actually looked at by the way, seemed to awaken a couple of sleeping Debtors (coincident or not?).
However I think that GDPR may have something to do with this. Very recently I looked at Noddle and found it enlightening with respect to One DBA entry and who, prior to my joining, had recently registered a search! .
Perhaps others can cast light on this matter is this what the DBA's have started to do or were they doing this in the past?

I wouldn't be updating any DCA records by the way. Silence and no communication is the order of the Day.

[chris335f]

Thanks, Di and Cymru for the help and info

Just to confirm, the Barclaycard defaults were automatically removed after the 6 years had expired.

Sadly, I have just had another 'Debt Collection Search' added to my CRA file by Cabot. My credit score appears to be in free fall at the moment Yet another DCA that has not complied with the CCA request that I sent

Would it be worth my while contacting and updating my address details with my other creditors before I end up with four debt collection searches on my CRA? This has all seemed to have got out of hand since signing up with Noodle.

Thanks

[Joanna Connolly Solicitors]

Does the 'Debt Collection' search now ruin any possibility to get a mortgage? I was intending to apply for 'Help to Buy' as I qualify as a first-time buyer. Am I assuming that is now totally out of the question? What can I do about this? Is there any way I can get this 'debt collection' search removed?

. . . The reason the default was removed from my credit report is that the 6 year period has now expired (default originally placed on 31/05/2012).

I may have misunderstood your situation.

Do you mean the Barclaycard/IDR default (and whole file entry) was automatically removed from your CRA file because the six years had expired, or did you ask for it to be removed because the date was incorrect etc?

I agree with Cym that a speculative search by a DCA should not have a negative impact on your ability to get a mortgage. Credit scoring relies on many other factors. The searches issue is explained well here > https://www.clearscore.com/credit-sc...ect-your-score

The Government Help to Buy scheme involves many different mortgage providers who may have varied lending criteria. You can read about the scheme here >

https://www.moneyadviceservice.org.u...y-schemes-faqs

The Government planned to stop the scheme in 2016 but it's been extended to 2020.

Di

[cymruambyth]

I don’t think that this will ruin your chances as there are often speculative searches as they try to find people. I believe it is defaults and multiple attempts to gain credit that have an impact. Good luck.

[chris335f]

Any chance someone could answer the above post?

How does a 'debt collection' search affect your credit report and score when applying for credit, particularly mortgage? Anyone had experience of this after their defaults have fallen off their file after 6 years?

Thanks in advance

[chris335f]

I can now see that this debt is not owned by Link, it's been assigned to IDR Finance. Link Outsourcing appear to be acting as the DCA.

Try not to feel downhearted about your CRA file, but instead look at the bigger picture of the potential unenforceabilty of your debts.

Are you needing to take out a mortgage or remortage in the next two years, otherwise unless you are applying for credit your CRA file is not important?

It seems Link may have had a legitimate reason to search your CRA file so making a complaint won't help the situation.

The debt is currently unenforceable because they've not complied with your s 77 - 79 CCA Request.

Focus on the positives and enjoy your Bank Holiday Weekend

Di

Hello Di,
Thanks for your response.

It is a particular worry because I now need to be applying for a mortgage after the remaining defaults have been finally removed in June. Renting was only supposed to be a temporary solution as it is costing me so much more per month and I am only just managing to make ends meet.

Does the 'Debt Collection' search now ruin any possibility to get a mortgage? I was intending to apply for 'Help to Buy' as I qualify as a first-time buyer. Am I assuming that is now totally out of the question? What can I do about this? Is there any way I can get this 'debt collection' search removed?

I feel devastated, just when I thought that things were improving and a massive weight had been lifted from my shoulders, I am back to square one.

The reason the default was removed from my credit report is that the 6 year period has now expired (default originally placed on 31/05/2012).

Thanks for your help.