Buzzyfuzz new member diary

[nightwatch]

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

[Buzzyfuzz]

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.

[nightwatch]

well done, the fun starts here,

[Buzzyfuzz]

Ok felt brave this afternoon, cancelled payments to CABOT for my Mint and HSBC accounts. Will grit my teeth and await the torrent of mail through my letterbox and block any incoming calls from unrecognised numbers.

[nanna58]

How and welcome home xxxx

[Roger]

Thanks Di
Yes all accounts assigned. I've added all details in separate posts now. Barclaycard debt assigned to LINK with no response to CCA request. MINT credit card assigned to Cabot but managed by Westcot, confirmed unenforceable. HSBC loan also assigned to Cabot/Marlin, currently unable to comply with CCA request
Not sure whether to just cancel payments now?

Link seem to be very reluctant to confirm or deny CCA requests. You can see this in Diaries.

As you continue to pay there is NO incentive for any of them to contact you is there? Also the Statute Bar Date is being reset each time you PAY.
The CCA S.77/78 Consumer Law is UE after 12 days until the CCA is complied with!

Wake them UP cancel the payments, no need to give reasons.
This is taking control of your debts rather than following their dictates!

Save the money so that you have contingency going forward.

[The Tech Clerk]

wescot are only commison agents so the owner is not them, as for chasing CCA request Noooooooooooo, they might get hopeful and escalate searches , HSBC ( Midland was it 1993)? and credit agreements another story no doubt>

[Buzzyfuzz]

Hello Bussyfuzz

If you been on repayment plans for the last seven years now seems a good time to review the situation.

Sending s 77-79 CCA Requests is a good start.

Have any of these accounts been assigned (sold) to debt purchasers?

Di

Thanks Di
Yes all accounts assigned. I've added all details in separate posts now. Barclaycard debt assigned to LINK with no response to CCA request. MINT credit card assigned to Cabot but managed by Westcot, confirmed unenforceable. HSBC loan also assigned to Cabot/Marlin, currently unable to comply with CCA request
Not sure whether to just cancel payments now?

[Buzzyfuzz]

Hello Bussyfuzz

If you been on repayment plans for the last seven years now seems a good time to review the situation.

Sending s 77-79 CCA Requests is a good start.

Have any of these accounts been assigned (sold) to debt purchasers?

Di

Thanks Di
Yes all accounts assigned. I've added all details in separate posts now. Barclaycard debt assigned to LINK with no response to CCA request. MINT credit card assigned to Cabot but managed by Westcot, confirmed unenforceable. HSBC loan also assigned to Cabot/Marlin, currently unable to comply with CCA request
Not sure whether to just cancel payments now?

[nightwatch]

If none have replied , lets wait a little longe and see what turns up
NW

[Buzzyfuzz]

I did go through a financial review with Stepchange. They recommended a Debt relief order as I have no disposable income, no assets. I live with my partner, who owns the house so Stepchange said my application would still be approved. All of my debts have dropped off my credit file now apart from the LINK Barclaycard account due to late default date which I am challenging. I'm reluctant to apply for DRO knowing this will stay on my credit report for another 6 years, especially as none of my creditors/ DCAs have complied with CCA requests so far.
Grateful for any guidance on what to do next.

[Buzzyfuzz]

Account type: HSBC overdraft and personal loan
Opened: 26/08/1993
Balance: £7362
Repayment plan started : 2011
Marlin/Cabot assigned: 2014
Deafult date: uncertain, has dropped off credit report so 2011
Current repayments: £5 monthly

This account is overdraft and personal loan with HSBC rolled into one. Marlin have listed the agreement date as 1993 although I believe this is when the bank account was opened. Personal loan would have been taken out 2002.
CCA request made in July.
25/7/18 Cabot letter acknowledging receipt of request, contacting original lender and will update me in 12 days. Almost 3 months later I have heard nothing more. Still maintaining monthly payments but should I send follow up letter stating they haven't complied with request so I will be ceasing payment?

[Buzzyfuzz]

Account type: Mint credit card
Opened: 21/02/2004
Balance: £4530
Reduced repayment plan since 2011
Cabot assigned: July 2017, managed by Westcot
Default date: uncertain, has dropped off credit file so 2011
Current repayment plan: £1 monthly

Formal CCA request made July.
11/09/2018 Cabot letter stating they have been unable to get info requested from original lender. If the CCA ever becomes available they will provide it but until then the account is unenforceable so cannot take legal action but will continue to contact me to request payment.
9/10/2018 Westcot letter stating Cabot have informed them that they are unable to comply with CCA request, in light of this info how do I want to proceed with account. Westcot also stated Cabot would accept full and final settlement of £3850.70 lump sum.
No chance of me paying this on account with no CCA and I don't have any disposable income / savings to pay this amount. I'm currently maintaining £1 monthly payments to account.

[Buzzyfuzz]

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.

[Joanna Connolly Solicitors]

already sent out CCA requests to my creditors. Hoping for some further guidance on where to go from now.

. . . . . I've been on repayment plans since 2011.

Hello Bussyfuzz

If you been on repayment plans for the last seven years now seems a good time to review the situation.

Sending s 77-79 CCA Requests is a good start.

Have any of these accounts been assigned (sold) to debt purchasers?

Di