Chris335 UE Diary

[chris335f]

Thanks for the replies

[chris335f]

'29/04/2018: Letter received from Santander - Notice of sums of arrears. 'Please contact us as soon as possible to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing'.

Can anyone advise what I should do about this account, the copy of the credit agreement which I received has been considered to enforceable by Niddy? I have been making reduced payments since 2010 that were being paid through a DMP and then I cancelled it in November 2017. Can Santander now set a Default notice against my credit record for missed payments or issue a CCJ? Or have they lost their opportunity to do so? I am not sure if they had ever set a default against my credit file back in 2010?

[Joanna Connolly Solicitors]

'29/04/2018: Letter received from Santander - Notice of sums of arrears. 'Please contact us as soon as possible to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing'.

Can anyone advise what I should do about this account, the copy of the credit agreement which I received has been considered to enforceable by Niddy? I have been making reduced payments since 2010 that were being paid through a DMP and then I cancelled it in November 2017. Can Santander now set a Default notice against my credit record for missed payments or issue a CCJ? Or have they lost their opportunity to do so? I am not sure if they had ever set a default against my credit file back in 2010?

Where can I find the history of this debt?

A post number is all that I need

Di

[chris335f]

Hello Di, thanks for your reply.

Here is the post number #6

Please let me know if you need more details about the account. Thanks

[Joanna Connolly Solicitors]

SANTANDER (ALLIANCE & LEICESTER)


Personal Loan (Unsecured)
Date Commenced:
Balance £2,963.25
Date Last Full Payment: April 2010
Status: Arrears
Account Owner: Santander Collections & Recoveries

29/01/18: CCA Request sent
08/02/2018: Received a reply from Santander with a copy of the executed loan agreement and T&C's as requested. They have stated that they have complied with the CCA request by sending a copy of an agreement in the same form as the one that was signed, but excluding the signature box, customer signature and the date of signature.

22/02/18: Credit agreement is enforceable.

29/04/2018: Letter received from Santander - Notice of sums of arrears. Please contact us as soon as possible to discuss your missed payments as we would like to help you with any financial difficulties you may be experiencing' Not communicating and have filed the letter away.

Thank you for signposting the history of this debt.

No 'date commenced' is showing unless I'm missing something.

It says that the credit agreement was considered to be enforceable on 22nd February 2018. Why was that? It seems (from reading your post #6) that the credit agreement you were sent was a reconstituted agreement, hence my need to know when was this account opened.

Depending on your reply to my post there may be loads of other legal reasons why this debt could be unenforceable in court.

There may be none, but I think you need to explore all your options.

Di

[chris335f]

Hello Di,

Thanks for your reply,

The date that the Alliance & Leicester loan commenced and was signed for is 8th August 2006.

Thanks, Chris

[Joanna Connolly Solicitors]

Can anyone advise what I should do about this account, the copy of the credit agreement which I received has been considered to enforceable by Niddy? I have been making reduced payments since 2010 that were being paid through a DMP and then I cancelled it in November 2017. Can Santander now set a Default notice against my credit record for missed payments or issue a CCJ? Or have they lost their opportunity to do so? I am not sure if they had ever set a default against my credit file back in 2010?

If your last full (i.e.contractual) payment was in 2010 then I would expect the account to have been defaulted some years ago.

A default only stays on your CRA file for six years following the date it was registered, and then the whole file entry vanishes from sight. Have you ever checked your credit file such as Noddle which is free? If so, do you recall seeing the loan account on there?

You say the loan commenced on 8th April 2006, can you also say when it would have expired if it had run its agreed term (i.e. what would have been the expiry date or how many months was the loan for)?

Do you recall if there was any PPI on the loan?

You posted that Santander had sent you a Notice of Sums in Arrears at the end of April, have you heard anything else from them since then?

I'm afraid they haven't lost the opportunity to issue a claim since you've been paying towards the debt until November last year (2017) so it won't be Statute Barred (six years without payment or acknowledgement or five years if you are in Scotland).

With any luck they'll assign the account to a debt purchaser soon

Di

[chris335f]

A default only stays on your CRA file for six years following the date it was registered, and then the whole file entry vanishes from sight. Have you ever checked your credit file such as Noddle which is free? If so, do you recall seeing the loan account on there?

Di

Hello Di, thanks for your reply.

I did have full access to my Experian credit report and there was no mention of the Santander (Alliance & Leicester) Loan. I am assuming that the default notice has since expired after the 6 years. There are currently no defaults on my credit file. The Barclaycard (Link Financial) defaults dropped off of my credit file end of June 2018.

You say the loan commenced on 8th April 2006, can you also say when it would have expired if it had run its agreed term (i.e. what would have been the expiry date or how many months was the loan for)?

Di

The loan period for the Alliance & Leicester loan was for 60 months.

You posted that Santander had sent you a Notice of Sums in Arrears at the end of April, have you heard anything else from them since then?

Di

No, I have have heard nothing since the last letter received 29/04/2018

Thanks in advance

[chris335f]

Upon checking my credit report on Noodle yesterday I have found that 'Link Financial' have placed a search on my file.
It states that is 'Debt Collection' see below:

Link Financial Outsourcing LTD (Sr, Sa,Ct, Cr, R)
Link Financial Outsourcing LTD (Sr Api Bsb, Tac)
Debt Collection
25/06/2018

Also 'Administration Review' see below:

Link Financial Outsourcing LTD (Sr, Sa,Ct, Cr, R)
Link Financial Outsourcing LTD (Tac Api)
Administration Review
25/06/2018

This was placed just before my Barclaycard default was removed (end of June 2018) from my credit file which improved my credit score to good to just in the excellent zone on Experian. They still have not replied to my CCA request, so the accounts are currently unenforceable. Will this affect my chances of getting accepted for credit or a mortgage in the near future? I have have since found out that this search remains on my file for 2 years. How will this impact on my credit score? Should I send link Financial a SAR request or just carry on ignoring things hoping this will go away?

Just when I thought that there was light at the end of the tunnel, this happens. I am feeling this will never end and I cannot move on with my life, it makes me feel sick to the core. I am convinced that Link Financial have done this in response to the default being removed.

I would appreciate any advice on the above.

[Joanna Connolly Solicitors]

Upon checking my credit report on Noodle yesterday I have found that 'Link Financial' have placed a search on my file.
It states that is 'Debt Collection' see below:

Link Financial Outsourcing LTD (Sr, Sa,Ct, Cr, R)
Link Financial Outsourcing LTD (Sr Api Bsb, Tac)
Debt Collection
25/06/2018

Also 'Administration Review' see below:

Link Financial Outsourcing LTD (Sr, Sa,Ct, Cr, R)
Link Financial Outsourcing LTD (Tac Api)
Administration Review
25/06/2018

This was placed just before my Barclaycard default was removed (end of June 2018) from my credit file which improved my credit score to good to just in the excellent zone on Experian. They still have not replied to my CCA request, so the accounts are currently unenforceable. Will this affect my chances of getting accepted for credit or a mortgage in the near future? I have have since found out that this search remains on my file for 2 years. How will this impact on my credit score? Should I send link Financial a SAR request or just carry on ignoring things hoping this will go away?

Just when I thought that there was light at the end of the tunnel, this happens. I am feeling this will never end and I cannot move on with my life, it makes me feel sick to the core. I am convinced that Link Financial have done this in response to the default being removed.

Can you signpost me to your thread post with the debt(s) currently owned by Link so I can take a guess at why they may have searched your CRA file?

Don't send a SAR to Link until things become clearer. You may not want to attract attention to yourself at this moment in time

Di

[chris335f]

Hello Di,

Here are the post numbers for the Barclaycard debts below:

#2 #3

Thanks in advance

[chris335f]

BARCLAYCARD MASTERCARD
Credit Card
Date Commenced:23/11/1990
Balance £5,906
Date Last Full Payment: April 2010
Status: Default issued -31/05/2012. Default has now been removed from credit report as from 31/06/18.
Account Owner: Link Financial Outsourcing Ltd. (Sold on to IDR Finance).

29/01/18: CCA Request sent
20/02/18: Update - Have not yet received a reply to the CCA request from Link Financial (Barclaycard)
19/04/18: Letter received asking why I have stopped making payments, stating they have cancelled the repayment plan. They stated they are still committed to recovering the debt by negotiation but will pursue me through my local county court if I fail to respond.

26/06/18: Letter received from Link Financial stating that they have now sold the debt onto IDR Finance. Looks like a standard template letter requesting that I talk to them about repaying the debt. I have still had no reply regarding the CCA request sent 29/01/18. Letter ignored and filed away.

25/08/18: Update: Received a letter from Link Financial stating that 'they have had to locate my address' We would like you to contact us to confirm my intentions regarding the outstanding balance on your account.

Just received a letter from Link Financial regarding my change of address. Which explains why I have now got a search for 'debt collection' on my credit report for 2 years. What a complete *uck up, if I hadn't had taken advice not to contact my creditors this could easily have been avoided. Sometimes I am at a total loss what to do about my debts. I am am in a position to pay these *astards off and make a reduced offer. At the same time Link Financial did not reply to my CCA request, but it does not stop me getting sick with the worry.

[The Tech Clerk]

no CCA no enforcement!

[Joanna Connolly Solicitors]

Just received a letter from Link Financial regarding my change of address. Which explains why I have now got a search for 'debt collection' on my credit report for 2 years. What a complete *uck up, if I hadn't had taken advice not to contact my creditors this could easily have been avoided. Sometimes I am at a total loss what to do about my debts. I am am in a position to pay these *astards off and make a reduced offer. At the same time Link Financial did not reply to my CCA request, but it does not stop me getting sick with the worry.

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

[Joanna Connolly Solicitors]

Upon checking my credit report on Noodle yesterday I have found that 'Link Financial' have placed a search on my file.


Also 'Administration Review' see below:

Link Financial Outsourcing LTD (Sr, Sa,Ct, Cr, R)
Link Financial Outsourcing LTD (Tac Api)
Administration Review
25/06/2018

This was placed just before my Barclaycard default was removed (end of June 2018) from my credit file which improved my credit score . . . .

. . . I am convinced that Link Financial have done this in response to the default being removed.

Why/what reason was the Barclaycard default removed from your CRA file at the end of June?

Had you made a complaint to anyone about the default date or was it a surprise removal inspired by Barclaycard and/or Link without you disputing the entry?

However if you raised the default date issue then that may have triggered the search by Link if there was a question mark over your current address when they started to investiage. They may have searched to see where you were on the Electoral Roll etc.

Di