Kei's Diary

[Kei]

Hi,

So I've come across this forum from the Moneysavingexpert forums, hopefully I am posting on here correctly!

Link Financial Debt (previously Barclaycard)

• Type of account (credit card/loan) Credit card
• Date commenced (ideally before Apr 2007) September 2002
• Approx balance £10000
• Date last paid (approximate date you last made a FULL payment) approximately Sept 2015
• Are you on arrangement or not paying currently on DMP with Stepchange
• Status (default/in arrears/up-to-date) Defaulted in April 2016
• Account owner (who is writing to you, a DCA or the lender) Link Financial (Sold from Barclaycard)

• 30th September 2018 CCA request sent to Link Financial (camelford address)
• 1st October 2018 CCA letter signed for by Link Financial
• 2019 letter from Link, no CCA agreement from Barclaycard could be found - debt unenforceable
• August 2022 - debt passed from Link to Moorcroft Debt Recovery

I haven't received a response back from Link Financial yet and was told that the debt is currently unenforceable until one is sent through which could be a few months. Is it best to try and go self managed as ideally I would like to stop payments temporarily so I can save for a F&F offer if it is unenforceable and not sure how this would work with Stepchange? (I also have a loan and another credit card debt with Nationwide but have only cca'd link financial)

Thanks so much.

[The Tech Clerk]

hi Diana Mayhew asked to look in

[Joanna Connolly Solicitors]

Link Financial Debt (previously Barclaycard)

• Type of account (credit card/loan) Credit card
• Date commenced (ideally before Apr 2007) September 2002
• Approx balance £10000
• Date last paid (approximate date you last made a FULL payment) approximately September 2015
• Are you on arrangement or not paying currently on DMP with Stepchange
• Status (default/in arrears/up-to-date) Defaulted in April 2016
• Account owner (who is writing to you, a DCA or the lender) Link Financial (Sold from Barclaycard)

• 30th September 2018 CCA request sent to Link Financial (camelford address)
• 1st October CCA letter signed for by Link Financial

[SIZE=14px][COLOR=#000000]I haven't received a response back from Link Financial yet and was told that the debt is currently unenforceable until one is sent through which could be a few months. Is it best to try and go self managed as ideally I would like to stop payments temporarily so I can save for a F&F offer if it is unenforceable and not sure how this would work with Stepchange? (I also have a loan and another credit card debt with Nationwide but have only cca'd link financial)

Hello

Link may struggle to comply with your s 77-79 CCA Request for a Barclaycard from 2002.

Can you remember how you opened the account and was it Barclaycard from the beginning or could it have been Marbles, Egg, Goldfish, Monument, Morgan Stanley Dean Witter etc?

Would there have been PPI on the account?

Could it have been assigned (sold) to another debt purchaser before Link? The assignment chain is important.

Have you been receiving annual Notice of Sums in Arrears since the account defaulted?

Prior to the account being defaulted were you served with a Default Notice and if so was it issued by Barclaycard or by Mercers?

There are many reasons for a debt to be unenforceable not just the credit agreement document.

Why not make two new posts (on this same thread) for the other two accounts (Nationwide and the loan) and then send each of them a s 77 - 79 CCA Request to see how they respond.

I'm sure other forum members will be able to make suggestions about whether you should continue paying through a DMP or not. It's a decision you can make once you know whether these three debt owners have been able to comply with your CCA Requests within the statutory time frame.

I look forward to helping you on your journey.

Di

[Kei]

Hello

Link may struggle to comply with your s 77-79 CCA Request for a Barclaycard from 2002.

Can you remember how you opened the account and was it Barclaycard from the beginning or could it have been Marbles, Egg, Goldfish, Monument, Morgan Stanley Dean Witter etc?

Would there have been PPI on the account?

Could it have been assigned (sold) to another debt purchaser before Link? The assignment chain is important.

Have you been receiving annual Notice of Sums in Arrears since the account defaulted?

Prior to the account being defaulted were you served with a Default Notice and if so was it issued by Barclaycard or by Mercers?

There are many reasons for a debt to be unenforceable not just the credit agreement document.

Why not make two new posts (on this same thread) for the other two accounts (Nationwide and the loan) and then send each of them a s 77 - 79 CCA Request to see how they respond.

I'm sure other forum members will be able to make suggestions about whether you should continue paying through a DMP or not. It's a decision you can make once you know whether these three debt owners have been able to comply with your CCA Requests within the statutory time frame.

I look forward to helping you on your journey.

Di

Hi Di,

I opened the account in branch at Barclays when I started Uni and it has only been barclaycard. I sent a PPI request not that long ago and Barclaycard have replied to say there they cannot find any information of a PPI on my account. I have been receiving notice of sums in arrears from Link, the most recent one recent end of September.

The default notice was issued by Barclaycard and pretty much straight after, it was assigned to Link. This was back in 2016.

I guess it might be a good option to send cca requests to Nationwide as well, the only reason I didn't at first was because these two were relatively new from about 2014-2015 and I had signed up online for them.

I'm not sure of what the consequences are for temporarily stopping payments to Link until a cca response is received, I don't want stop paying on the dmp and then end up in more trouble than before!

Thanks for you help!

[cymruambyth]

If you are paying through Stepchange they may not let you stop payments. If they hav failed to supply a CCA then it cannot be legally enforced. Even if an agreement is found, as Di has said, there may be many other reasons why the debt cannot be enforced.

Even though they are newer accounts, send off requests to the other 2 and set out posts n thi thread similar to the Barclaycard one.

[Kei]

Nationwide Credit Card

Nationwide Credit Card

• Type of account (credit card/loan) Credit card
• Date commenced (ideally before Apr 2007) September 2013
• Approx balance £3000
• Date last paid (approximate date you last made a FULL payment) approximately December 2015
• Are you on arrangement or not paying currently on DMP with Stepchange
• Status (default/in arrears/up-to-date) Defaulted in June 2016
• Account owner (who is writing to you, a DCA or the lender) Nationwide

• 29/10/18 CCA Request sent with £1 fee

[Kei]

Nationwide Loan

Nationwide Loan

• Type of account (credit card/loan) Loan
• Date commenced (ideally before Apr 2007) Nov 2014
• Approx balance £2800
• Date last paid (approximate date you last made a FULL payment) approximately December 2015
• Are you on arrangement or not paying currently on DMP with Stepchange
• Status (default/in arrears/up-to-date) Loan not defaulted, they have been accepting lower payments though
• Account owner (who is writing to you, a DCA or the lender) Nationwide

• 29th October 2018 cca request sent with £1 fee

[Kei]

If you are paying through Stepchange they may not let you stop payments. If they hav failed to supply a CCA then it cannot be legally enforced. Even if an agreement is found, as Di has said, there may be many other reasons why the debt cannot be enforced.

Even though they are newer accounts, send off requests to the other 2 and set out posts n thi thread similar to the Barclaycard one.

That's was what I was worried about so it might be better to look into self managing my DMP just in case. Thank you as well, I've sent CCA requests off to Nationwide as well now.

[nightwatch]

Hi Kei,

Barclaycard seem to struggle to find the agreements, os this account may well be UE,

however as cym has said Stepchange will not et you pick and choose who to pay and who not to, so Yes you will have to go self managed.
let's wait and see what you get back ( or not )from them all ,
as soon as you get a reply up date your original account post,

this helps us keep all info for each account in one place, so suggestions for what may help next can be given without having to read back through all posts.

[Kei]

Hi Kei,

Barclaycard seem to struggle to find the agreements, os this account may well be UE,

however as cym has said Stepchange will not et you pick and choose who to pay and who not to, so Yes you will have to go self managed.
let's wait and see what you get back ( or not )from them all ,
as soon as you get a reply up date your original account post,

this helps us keep all info for each account in one place, so suggestions for what may help next can be given without having to read back through all posts.

Thank you, I will do, I just have to be very patient for the time being

[Kei]

HI,

There's not been much of an update. I send a CCA Request to Link Financial back in October 2018 but have still not received any response from them at all. Do you think I should send them a 2nd request? I know they received the first one as I have signed confirmation but it's been nearly half a year and I've not heard anything at all from them.

[Kei]

HI,

There's not been much of an update. I send a CCA Request to Link Financial back in October 2018 but have still not received any response from them at all. Do you think I should send them a 2nd request? I know they received the first one as I have signed confirmation but it's been nearly half a year and I've not heard anything at all from them.

[Kei]

Hi!

It's been a while since I've been on here and forgot to update but I have a query which is still linked to my old Barclaycard debt that I posted about here a few years ago. I had sent Link Financial a CCA Request in which they responded that Barclaycard could not provide them with one and therefore the debt was unenforceable. I decided them not to continue to pay towards this debt.

Link have recently passed this debt to Moorcroft and have been sending letters requesting payment. I have been ignoring these.

The latest letter states:

"If you do not contact us following receipt of this letter we may have no alternative other than to continue with further debt recovery action. Further action could include this, or another debt collection agency, continuing to contact you by letter or telephone"

My question is shall I continue to ignore them? I was also thinking whether I should send them a copy of the Link letter saying no cca agreement could be found but then that will mean I'm acknowledging the debt again and I think the 6 years will restart before it's statute barred? ( I haven't paid anything towards nor written to Link/Moorcroft since 2019) The debt has fallen off my credit rating as well as the default is over 6 years old. Any advice will be very much appreciated

[The Tech Clerk]

Moorcroft collection hopefully no powers collection agents. Try for a while . Ignore for now but update diary

[Kei]

Moorcroft collection hopefully no powers collection agents. Try for a while . Ignore for now but update diary

Thank you, I guess a little part of me was worried they were going to send people around to the house but yes, I'll continue to ignore and see.