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  • #16
    Originally posted by Buzzyfuzz View Post
    Account type: Barclaycard
    Opened: Feb 2010
    Balance: £550
    Repayment plan started: 2011
    LINK assigned: 27/02/15
    Default date: June 2015
    Currently up to date with monthly payments to LINK: £3

    I sent formal CCA request in July, have received no response from LINK.
    Currently have a complaint being investigated by Barclays regarding the default date on this account as default was added 4 months after LINK assigned to account. This was 4 years after I'd originally entered into reduced repayments with Barclaycard and interest/ fees frozen. Requesting that Barclays backdate the default so this will drop off my credit file.
    Currently maintaining £3 monthly payments to LINK although they have failed to respond to CCA request so wondering if I should send follow up letter advising account is in dispute and I will cease payments.
    Finally received response from LINK stating that Barclaycard are unable to comply with CCA request, account unenforceable but balance remains collect able and they will continue to register and report default.
    Barclay card refused to backdate the default date on the account as they said I'd entered into an agreement with them to make reduced repayments. However as I've maintained reduced repayments they said they would remove the default completely as a gesture of goodwill! Slightly concerned that this hands some power back to LINK in being able to register a new default and start the 6 year click ticking again if I stop payments now due to unenforceability.

    Comment


    • #17
      Hiya.
      It is totaly up to you if you stop payments or not,

      Barclays were correct in that you were on an arrangement to pay so no Default was regestered.
      One has to be registered before the debt can be sold which is why it was placed on your file as Link took it over, so the argument there would be that it was defaulted before they bought it,
      so,link could apply a default if you stop payments or not,But it would have to be dated to a date that they did not own the account, in reality they can't, depends who decides to look at it.

      ?To be honest i have never heard of a DCA applying a default after it has been bought, they can register one for the same debt, but the original has to be removed by the original owner, also has to have the same date as original default.

      there is no CCA so no way they can persue the debt through the courts,

      Personaly I would just stop paying, why pay something that is not enforceable, as I said it is up to you.

      NW
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