PowerOfCats UE Diary

[Joanna Connolly Solicitors]

Huh...

I've just checked my transunion credit file and 'Link Financial Outsourcing Ltd' have re-added one of my old defaulted debts that dropped off over 6 years ago and marked it as a new default!

. . . .

EDIT: found that the account number matches Debt 14 (I believe) as it's definitely one of the Barclaycard ones (found an old Resolver complaint with the same account number)

14. Debt: Egg Loan - bought by Barclays - Currently Hoist Finance UK Holdings 3 Limited.


What should I do?

I've looked at Debt 14 on your Diary and you say that it was assigned to Hoist in September 2019, so have you heard nothing more from Hoist since then?

It also says it was owned by Idem before that, so when did it get assigned to Link who you say are reporting it on your CRA file now?

Di

[PowerofCats]

I've looked at Debt 14 on your Diary and you say that it was assigned to Hoist in September 2019, so have you heard nothing more from Hoist since then?

It also says it was owned by Idem before that, so when did it get assigned to Link who you say are reporting it on your CRA file now?

Di

Di, apologies that was my mistake. It was an old Barclaycard debt (unenforceable) and they have subsequently confirmed in writing that they're removing the default. Should have been debt 10 and I've updated it on my main diary page xx

[PowerofCats]

Update on Debts 1 and 2 - letters receive locating me at my new address and need to talk/reconnect for a plan.
Now, these 2 debts were deemed enforceable by Niddy and they are pretty substantial (combined 10k). At the moment I'm paying nothing towards them but should I start to? I've not acknowledged them since I stopped paying but at the same time I don't want a CCJ. I could raise 1/2 the total amount for a F&F but I've read that Link aren't really great at F&F.

At a loss and not sure really what would be the best route for me

1. Debt: MBNA Credit Card - Now with LINK FINANCIAL LTD
Account Opened: 22.09.06
Balance at time of starting DMP: £6360
Current balance: £4995
Defaulted? YES - Drops off Feb 2019
Last payment received: September 2018 via Stepchange for nominal low amount
11/01/19 - CCA request signed for. Signature receipt saved as PDF
25/05/19 - First piece of correspondence received. A statement of account dated 10/05/19. Interestingly it notes my CCA request and £1 on there, but I have not received any CCA documentation.
31/08/19 - Response to CCA request received with some documentation. Emailed to Niddy for his thoughts
31/08/19 - Niddy states that as it's a tick box, it's easy for faults to be remedied and thus ENFORCEABLE
06/08/19 - Digital SAR sent via the MBNA website. Screenshot of confirmation that it has been received retained
06/02/20 - Letter from LINK FINANCIAL LTD to my new address stating they have located me and we need to talk


2. Debt: MBNA Credit Card (Virgin) - Now with LINK FINANCIAL LTD
Account Opened: 22.01.06
Balance at time of starting DMP: £6900
Current balance: £4807
Defaulted? YES - Drops off Feb 2019
Last payment received: September 2018 via Stepchange for nominal low amount
11/01/19 - CCA request signed for. Signature receipt saved as PDF
25/05/19 - First piece of correspondence received. A statement of account dated 10/05/19. Interestingly it notes my CCA request and £1 on there, but I have not received any CCA documentation.
31/08/19 - Response to CCA request received with some documentation. Emailed to Niddy for his thoughts
31/08/19 - Niddy states that as it's a tick box, it's easy for faults to be remedied and thus ENFORCEABLE
06/08/19 - Digital SAR sent via the MBNA website. Screenshot of confirmation that it has been received retained
06/02/20 - Letter from LINK FINANCIAL LTD to my new address stating they have located me and we need to talk

[Roger]

".. 6/02/20 - Letter from LINK FINANCIAL LTD to my new address stating they have located me and we need to talk .."

One of LINKS stock letters!
After sending various documents LINK seem to have sat on this for 6 months!
There is no threat this is a fishing expedition!
You are a long long way from a CCJ!
I would file and wait and see what they do next!

[Joanna Connolly Solicitors]

these 2 debts were deemed enforceable by Niddy and they are pretty substantial (combined 10k). At the moment I'm paying nothing towards them but should I start to? I've not acknowledged them since I stopped paying but at the same time I don't want a CCJ.

Of course you don't want a CCJ - nobody does except the Claimant, and they would have to prove more than just the credit agreement is enforceable in order to get one!

Link would need to prove that MBNA complied with all their other statutory duties for these two credit cards from 2006.

I can't see when they were assigned to Link (sorry if I've missed that on your thread).

Di

[PowerofCats]

Of course you don't want a CCJ - nobody does except the Claimant, and they would have to prove more than just the credit agreement is enforceable in order to get one!

Link would need to prove that MBNA complied with all their other statutory duties for these two credit cards from 2006.

I can't see when they were assigned to Link (sorry if I've missed that on your thread).

Di

No, not missed at all. I don't actually know when they were assigned. I didn't start keeping paperwork until I started my thread here so I don't have anything. I did a SAR for them both but never received anything.

[Joanna Connolly Solicitors]

No, not missed at all. I don't actually know when they were assigned. I didn't start keeping paperwork until I started my thread here so I don't have anything. I did a SAR for them both but never received anything.

If you sent a SAR to MBNA In 2019 that should have covered both accounts - no need to send two SARs.

You've received correspondence from Link at your current address so wait to see what they send next. No need to respond to their letter and no need to start paying them again as that will only prolong the date for these debts becoming Statute Barred.

Post on your thread each time you receive anything from them.

Di

[Joanna Connolly Solicitors]

these 2 debts were deemed enforceable by Niddy and they are pretty substantial (combined 10k). At the moment I'm paying nothing towards them but should I start to? I've not acknowledged them since I stopped paying but at the same time I don't want a CCJ. I could raise 1/2 the total amount for a F&F but I've read that Link aren't really great at F&F.

At a loss and not sure really what would be the best route for me

2. Debt: MBNA Credit Card (Virgin) - Now with LINK FINANCIAL LTD
Account Opened: 22.01.06

11/01/19 - CCA request signed for. Signature receipt saved as PDF

31/08/19 - Response to CCA request received with some documentation. Emailed to Niddy for his thoughts
31/08/19 - Niddy states that as it's a tick box, it's easy for faults to be remedied and thus ENFORCEABLE
06/08/19 - Digital SAR sent via the MBNA website. Screenshot of confirmation that it has been received retained
06/02/20 - Letter from LINK FINANCIAL LTD to my new address stating they have located me and we need to talk[/I]

Have you seen this post on another forum thread >

if you've ever had a Virgin branded MBNA Credit Card (pre 04/2007) then you'll be pleased to know that it WILL be Iredeemably Unenforceable - we've won a great case and found some fatal flaws and got judgment in our favour.

So, if you receive a claim from PRA Group or anyone else for that matter, regarding an old Virgin Credit Card then let us know and we can help you to defeat the claimant.

The above applies to all cards issued pre April 2007

Di

[Never-In-Doubt]

Yes sorry - I only looked at the agreement and didn't pick up on the actual creditor being Virgin (apologies) so it'll be UE. End of.

If they get arsey / make threats then best to contact JCS ASAP.

[PowerofCats]

14. Debt: Egg Loan - bought by Barclays - Currently Hoist Finance UK Holdings 3 Limited. Account Opened: Unsure - dropped off credit file. Was pre-2008 however
Balance at time of starting DMP: £6000?
Current balance: £2957
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
22/10/18 - Notice of Arrears
10/01/19 - CCA request signed for. Signature receipt saved as PDF
14/01/19 - letter received whereby they acknowledge request and sent back the £1 postal order as they have stopped charging for CCA requests
28/01/19 - Letter from IDEM unfortunately we are unable to supply a copy of the credit agreement and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request. Currently UNENFORCEABLE
26/02/19 - letter from IDEM stating that they have conducted a review of the interest and payment and confirm the last date I paid was 16/10/18 and so due to non-payment they are reinstating the previous interest rate of 9.510%? If I want to maintain 0.00% to contact them within 14 days.
04/04/19 - Letter dated 01/04 - Your account is in arrears. Please call to make a payment or discuss alternative payment options available to you
25/04/19 - Letter dated 18/04 - arrears notice and letter detailing the current state of the account. I notice they have started to apply interest again and added £21.22 making the total now £2940.50. Still awaiting CCA request as nothing received.
19/06/19 - Letter dated 14/06 - We do not have a payment plan in place to repay your account. Then details options available to me and them. They have continued to apply interest and balance now £2982. Still awaiting CCA request as nothing received and so currently still UNENFORCEABLE
24/07/19 - Notice to terminate your account. Payment demand for balance of £3020.90 demanded.
31/07/19 - No current payment arrangement in place. Unless rectified in 7 days 1)recoveries department 2)external debt collection
14/08/19 - Letter received from IDEM Servicing with a balance of £3004 stating that payment is required.
21/09/19 - Increasingly concerned we've not spoken to you. Failure to contact MAY result in 1) a representative visiting 2) external DCA
18/09/19 - Attempted to contact. Call in 10 days or we will appoint Resolvecall to visit.
14/10/19 - letter dated 11/11/19 stating that as of the 20/09/19 my account has been purchased by HOIST FINANCE UK HOLDINGS 3 LIMITED.





Update on above.

11/09/21 - Letter received from Resolvecall stating they're sending it over to their reconnection doorstep team

Fyi, still no CCA produced and currently unenforceable

Filing letter

[The Tech Clerk]

well resolvecall no powers just drop of calling card contact office no need to converse = no connection made, local agent gets his calling pay.

[Roger]

14. Debt: Egg Loan - bought by Barclays
"..
28/01/19 - Letter from IDEM unfortunately we are unable to supply a copy of the credit agreement and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request. Currently UNENFORCEABLE
26/02/19 - letter from IDEM stating that they have conducted a review of the interest and payment and confirm the last date I paid was 16/10/18 and so due to non-payment they are reinstating the previous interest rate of 9.510%? If I want to maintain 0.00% to contact them within 14 days.
.."
There really is a saga to Egg and Barclays.
1/ Egg used to send Emails . Do you have any original Egg emails? Do you know what the Original Egg A/c No was? Do you remember how this Egg Loan came into being? Did it start out as a Loan or perhaps a Egg Card which became a Loan?
2/ Did Barclays change the Egg Account to a Barclays Account? Or was it run under the old Egg Terms?
3/ At any time does the name MERCER appear in correspondence?
4/ Those two dates 20/01/19 and 26/02/19 raises the Question as to whether IDEM were acting as Barclays Agency or whether IDEM had purchased the Debt from Barclays. I say this because of that interest rate implies that the account was still open? But IDEM are not Bankers so how can they apply interest! It also raises the question of whether Barclays ever closed the account .

24/07/19 - Notice to terminate your account. Payment demand for balance of £3020.90 demanded. (Was this from IDEM or Barclays?)
BUT I note there is no mention of a Default Notice?

5/ ".. 14/10/19 - letter dated 11/11/19 stating that as of the 20/09/19 my account has been purchased by HOIST FINANCE UK HOLDINGS 3 LIMITED. .."
Was this letter from Barclays or IDEM? If this letter was from HOIST who do they say they brought it from?

I think you should send a SAR to Barclays this should reveal what happened or otherwise to your S.77/78 CCA (plus £1) request.
There are so many unknowns here at the moment.
You would be Statute Bar 5(Scotland) else 6 say by October 2022.
The SAR won't cost anything and won't restart the SB clock. Expect the pestering and threats to increase the closer you get to SB.
They might try their arm at a Claim! So getting your records up to date and a better History is to your advantage.
Obviously NO Communications with any of these chancers.

The Tech Clerk sets out how to deal with resolve call

[PowerofCats]

Just popping on after a long hiatus. Nothing much changed, though I checked my transunion credit file today and could see that on the 2nd July Link Financial conducted a hard search under 'debt collection' but can't see the search on my MSE credit club experian account.

No issues raised, no letters in ages. Keeping my head down.

[Roger]

Just popping on after a long hiatus. Nothing much changed, though I checked my transunion credit file today and could see that on the 2nd July Link Financial conducted a hard search under 'debt collection' but can't see the search on my MSE credit club experian account.

No issues raised, no letters in ages. Keeping my head down.

Link have been doing hard searches! These remain for 2 years.
BUT its a disgrace because they are NOT LENDERS and have not been approached for Money.
In my opinion its an abuse. In effect they are extending the damage to the Debtors Credit by a further 2 years!

[PowerofCats]

Oh I entirely agree. It's a bully boy tactic but won't work. I'm nearly 4yrs in and no contact so 2/3 there and tactics like this make me stand firm.
I've got another 2.5yrs on my fixed rate mortgage so it's 2.5yrs before I need to have a legit credit search (unless I stay with my current lender!) so they can swing.

Curious, do other lenders see the reason code that a hard search is completed under? Or just a hard search? Never had a 'debt collection ' hard search come up before!