wolvaughan diary

[Joanna Connolly Solicitors]

Type of account: Credit Card - Link Financial (Barclays)
Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
Approx balance: £3486.90
Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
Are you on arrangement or not paying: Was on DMP currently not paying
Status (default/in arrears/up-to-date): Up to date
Account owner (who is writing to you, a DCA or the lender): DCA - Link Financial


My issue with this account is it's showing on my Experian Credit report as up to date, I've stopped paying now so it, I assume, will default. As this has been defaulted for over 6 years I want it removing as my credit report is looking okay. I've emailed Experian but they just say it's up to date, how do I get it removed?

Do you mean that the account was defaulted over six years ago, but the default wasn't registered on your CRA file at the time?

Or do you mean you received a Default Notice (which is different) over six years ago but the account has never been defaulted?

Is this account assigned (i.e. sold) to Link Financial or are they managing it on behalf of Barclaycard?

This matters because if it has been assigned but the account wasn't defaulted before it was terminated then they will be in some difficulty if they ever try to enforce it in court at a later date.

However if it hasn't been assigned and hasn't been defaulted then don't encourage Barclaycard to remedy the situation before they terminate the account as that error could prove useful one day too.

I think it may be wise to wait before making waves about the default issue. Don't do anything that would rock the boat by drawing attention to yourself.

Di

[wolvaughan]

Who did you send your s 77-79 CCA Request to? Was it Barclaycard or Moorcroft?

Has there been any acknowledgement of your request sent in May?

No need to respond to a "missed payment" letter. You're already aware that you've not paid them, nevertheless it was kind of them to let you know

Di

The CCA request was sent to Moorcroft and they haven't acknowledged my request, it was however signed for on 11 May.

I assume I do nothing?

Thanks.

[wolvaughan]

Do you mean that the account was defaulted over six years ago, but the default wasn't registered on your CRA file at the time?

Or do you mean you received a Default Notice (which is different) over six years ago but the account has never been defaulted?

Is this account assigned (i.e. sold) to Link Financial or are they managing it on behalf of Barclaycard?

This matters because if it has been assigned but the account wasn't defaulted before it was terminated then they will be in some difficulty if they ever try to enforce it in court at a later date.

However if it hasn't been assigned and hasn't been defaulted then don't encourage Barclaycard to remedy the situation before they terminate the account as that error could prove useful one day too.

I think it may be wise to wait before making waves about the default issue. Don't do anything that would rock the boat by drawing attention to yourself.

Di

Hi,

The account was defaulted over 6 years ago and it doesn't appear to have been defaulted. I'm not sure whether I received a default notice, I didn't pay much attention at that time.

Also I'm not sure if it's assigned to Link Financial or not, they cased my CCA request cheque but have sent me nothing.

Having checked my credit file with checkmyfile I can see that Barclaycard are showing an arrangement to pay from March 2011 to February 2015 when it's marked as settled, then Link Financial are showing March 2015 to date as okay so it looks as though it was assigned?

I assume both these shouldn't be on my credit report as they are the same account, and they should be removed because they defaulted over 6 years ago.

I'll hold off querying this with the credit agencies, however will there be a point I can as I hope to get a mortgage around this time next year and want my credit file to be clear.

Thanks.

[wolvaughan]

Hi,

The account was defaulted over 6 years ago and it doesn't appear to have been defaulted. I'm not sure whether I received a default notice, I didn't pay much attention at that time.

Also I'm not sure if it's assigned to Link Financial or not, they cased my CCA request cheque but have sent me nothing.

Having checked my credit file with checkmyfile I can see that Barclaycard are showing an arrangement to pay from March 2011 to February 2015 when it's marked as settled, then Link Financial are showing March 2015 to date as okay so it looks as though it was assigned?

I assume both these shouldn't be on my credit report as they are the same account, and they should be removed because they defaulted over 6 years ago.

I'll hold off querying this with the credit agencies, however will there be a point I can as I hope to get a mortgage around this time next year and want my credit file to be clear.

Thanks.

Hi Di / Everyone,

I'm back......

I yesterday received a Default Notice from Link for this debt.

It confirms that the debt was assigned to Asset Link Capital No.5 Limited on 27/02/15, I don't know if this is relevant.

I assume I'll need to obtain evidence from the bank that my cheque was cashed for the CCA request?

Thanks for your help.

Warren

[Roger]

Warren
The problem is your Diary hasn't reflected the status of your Debt.
The earlier CCA request seems to me pragmatic and as it was sent to an Agent rather than owner will offer little or any protection.

I think you should send Link a S.77/78 CCA request (enclosing a £1 Postal Order) and sent Recorded Delivery.
Address this to
Asset Link Capitol No.5 Limited
and the Link address they have written from,

(I wouldn't send a cheque to Link because its a give away of your Bank details isn't it!)

After 12 days the Debt becomes UE and remains so until Link send you the CCA

At which time stop payments to them until such time as you receive a valid CCA.
Stopping payments means starting a six year Statute Bar clock.

Do not enter into any correspondence with Link after sending that letter.
Update your diary entry when and if any correspondence is sent (phone, txt, email, mail) for advice.

File away whatever Link have sent and please update your Diary.
I realise that your immediate concern has been your Credit Status and this entry. Do you have earlier Credit records of this Debit with Entries by Barclaycard?
Barclaycard should have been reporting this on your Credit file in the past before it was assigned to Link.

Please update your Diary Blog so that information is in one place.

[wolvaughan]

Warren
The problem is your Diary hasn't reflected the status of your Debt.
The earlier CCA request seems to me pragmatic and as it was sent to an Agent rather than owner will offer little or any protection.

I think you should send Link a S.77/78 CCA request (enclosing a £1 Postal Order) and sent Recorded Delivery.
Address this to
Asset Link Capitol No.5 Limited
and the Link address they have written from,

(I wouldn't send a cheque to Link because its a give away of your Bank details isn't it!)

After 12 days the Debt becomes UE and remains so until Link send you the CCA

At which time stop payments to them until such time as you receive a valid CCA.
Stopping payments means starting a six year Statute Bar clock.

Do not enter into any correspondence with Link after sending that letter.
Update your diary entry when and if any correspondence is sent (phone, txt, email, mail) for advice.

File away whatever Link have sent and please update your Diary.
I realise that your immediate concern has been your Credit Status and this entry. Do you have earlier Credit records of this Debit with Entries by Barclaycard?
Barclaycard should have been reporting this on your Credit file in the past before it was assigned to Link.

Please update your Diary Blog so that information is in one place.

Hi Roger,

Thanks for your reply.

I'm not sure what you mean by the diary hasn't reflected the status of the debt?

My original CCA request was to Link at the address they've written from, I'll send another to Asset Link Capitol No.5 address today. I'm using someone else's bank to provide the cheque so I'm okay on that front. Do you think I should send another to Link at the original address?

I'll update my diary with the letters I've received.

Are you able to clarify the situation with the Default as this account was defaulted years ago whether I actually received a notice I don't know. Link are reporting on the credit file from March 2015 and Barclaycard are showing arrears from March 2011 until February 2015. This is important as I want to get a mortgage next year and need the default removed if this is possible.

Thanks for your help.

[Roger]

Wolvaughan
Your entry #1729th August 2018, 11:41

"..

The CCA request was sent to Moorcroft and they haven't acknowledged my request, it was however signed for on 11 May..."

Now you are saying "

My original CCA request was to Link at the address they've written from, I'll send another to Asset Link Capitol No.5 address today. I'm using someone else's bank to provide the cheque so I'm okay on that front. Do you think I should send another to Link at the original address? "

Do you see the confusion here?

If you have sent Link a CCA already then there is no need to send them another! Provided you have proof that they received this then this is UE until they produce a valid CCA.
The reason I expressly referred to Asset Link Capitol No.5 Limited is because that Company is the Owner of the Debt (that Co FCA licensed has lapsed) .

This is what I mean by tidying up your Diary because it isn't clear looking through the various Blogs what has happened here.

Your complaint should be to the Credit Agency that Barclaycard haven't closed the A/c and that this has run on from 2011
.
But Barclaycard have a history of delaying defaulting/closing accounts. The problem is this default/closure date is the determinant for Statute Bar. However the Credit Agency isn't about Statute Bar its about when the debt was registered and six years from that date!

So take this up with the Credit Agency NOT through Link nor Barclaycard! Let the Credit Agency investigate!

[wolvaughan]

Do you mean that the account was defaulted over six years ago, but the default wasn't registered on your CRA file at the time?

Or do you mean you received a Default Notice (which is different) over six years ago but the account has never been defaulted?

Is this account assigned (i.e. sold) to Link Financial or are they managing it on behalf of Barclaycard?

This matters because if it has been assigned but the account wasn't defaulted before it was terminated then they will be in some difficulty if they ever try to enforce it in court at a later date.

However if it hasn't been assigned and hasn't been defaulted then don't encourage Barclaycard to remedy the situation before they terminate the account as that error could prove useful one day too.

I think it may be wise to wait before making waves about the default issue. Don't do anything that would rock the boat by drawing attention to yourself.

Di

Apologies Roger I see what you're saying I'll tidy them up, I think the Moorcroft thing was me getting confused with another debt.

The original CCA to Link wasn't signed for but I'm sure they cashed the cheque but the only way I can get proof is via the bank which I imagine won't be a quick process. Is it worth sending another just in case to the Asset Link address?

Also I've copied a quote from Di above saying leave the Credit Agency for now?

Just to clarify I assume as soon as I stopped paying Barclays I should have been defaulted and this registered on with the Credit Reference Agency?

Also I assume as Barclays should have defaulted, Link can't default the same account too?

[Roger]

Apologies Roger I see what you're saying I'll tidy them up, I think the Moorcroft thing was me getting confused with another debt.

The original CCA to Link wasn't signed for but I'm sure they cashed the cheque but the only way I can get proof is via the bank which I imagine won't be a quick process. Is it worth sending another just in case to the Asset Link address?

Also I've copied a quote from Di above saying leave the Credit Agency for now?

Just to clarify I assume as soon as I stopped paying Barclays I should have been defaulted and this registered on with the Credit Reference Agency?

Also I assume as Barclays should have defaulted, Link can't default the same account too?

Yes if you can tidy up the Diary it will help.
Di's comment holds true.
The Credit Reporting isn't about UE or E or even CCA its the date the entry is registered and then it drops of 6 years later. That's why I say its a Credit Agency issue.

I do not know why LINK have sent you that Default Notice! But do not engage them with any correspondence which could be considered an acknowledgement of this Debt!

Whilst that CCA is outstanding (LINK have a track record here of neither acknowledging nor denying! CCA requests) have NO communication with them!
File the correspondence away and if you are paying them STOP (without advising them!) because it is UE until they send you a valid CCA.
If you are paying them each month you are prolonging the Statute Bar date.

Sort out the Diary and your own filing and post any communications on here and you will get advice.

[wolvaughan]

Hi All,

I've just noticed on of my CCA requests was to Cabot for an overdraft on a Halifax Current Account, is the procedure still the same? If not what should I do?

Type of account: Current Account Overdraft - Halifax current creditor Marlin Europe V Limited via Cabot
Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
Approx balance: £1,099.58
Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
Are you on arrangement or not paying: Was on DMP currently not paying
Status (default/in arrears/up-to-date): Default
Account owner (who is writing to you, a DCA or the lender): DCA - Cabot.

1 May: Letter sent to Cabot requesting CCA
25 May: Letter from Cabot confirming they were unable to get the CCA from the original lender
27 July: Statement from Cabot
16 November: Letter from Cabot advising they haven't received the last DMP payment.

[wolvaughan]

Another issue I have is on another account details below:-

Type of account: Credit Card - Link Financial (Barclays)
Date commenced (ideally before Apr 2007): Don't know although I'm pretty sure it was before April 2007.
Approx balance: £3486.90
Date last paid (approximate date you last made a FULL payment): Again not sure but approximately Jan 2008
Are you on arrangement or not paying: Was on DMP currently not paying
Status (default/in arrears/up-to-date): Up to date
Account owner (who is writing to you, a DCA or the lender): DCA - Link Financial

1 May 2018: CCA Request Sent and cheque cashed

31 August: Statement of Account Received from Link

23 October: Default Notice received from Asset Link Capital No.5 Limited

15 November: Letter from Link advising that I have failed to comply with the default notice and that if I don't pay within 7 days the whole balance will become payable immediately.

17 November: Confirmation from the bank that Link cashed the cheque relating to this request.

Hi All,

Do I need to do anything following the Link letter dated 15 November?

[Warwick65]

Has this account already been defaulted by Barclays?

What exactly was this default notice- was it a S87(1) DN or maybe a Notice of Sums in arrears or Notice of Default . A notice of default is not the same as a S87(1) DN but you probably know that.

[wolvaughan]

I don’t know l, I have a problem with both the Barclaycard account and the Link Account staying on my credit file but no record of a default.

I was was under the impression they should have defaulted me after a few months of not paying and that Link couldn’t default me again and couldn’t default as they weren’t the original lender?

[wolvaughan]

I have debts with several companies and have requested CCA's from them all, I have mostly received responses saying that they can't find the information but they are still looking so currently those are not of any concern. I do however have one with PRA that I will post here and the others if necessary later down the line. Niddy has already kindly had a look and said that it's UE but to post here for further help. I really need to know why it's UE and what my next step is?

• Type of account: Credit Card
• Date commenced (ideally before Apr 2007): September 2001
• Approx balance: £10,570.00
• Date last paid (approximate date you last made a FULL payment): July 2008
• Are you on arrangement or not paying: Was on DMP currently not paying
• Status (default/in arrears/up-to-date): Default
• Account owner (who is writing to you, a DCA or the lender): DCA - PRA

1 May 2018 - CCA Request Letter Sent
15 May 2018 - Letter from PRA confirming letter received and that they have requested the CCA
19 July 2018 - Letter from PRA enclosing copies of statements and confirming that the debt is currently unenforceable.
26 July 2018 - Letter from PRA enclosing Halifax Credit Card Conditions of Use and Credit Card Agreement Regulated by the Consumer Credit Act 1974
8 November 2018 - Letter from PRA advising that PRA have purchased outstanding balance ?! and offering a full and final settlement figure.
22 November 2018 - Letter from PRA - "Letter before claim as required by the Practice Direction on Pre-Action Conduct &Protocols contained in the Civil Procedure Rules. This letter constitutes a formal demand for payment of £10525.11 and to give you notice of PRA Group's intention to issue Court proceedings against you"

I've received a notice of intended court proceedings from PRA what do I do next?

Thanks

[The Tech Clerk]

have you filled out the forms min us income & expenditure and sent back also not admitting debt?

@Diana Mayhew judging by the amount they claim you need their help???