PowerOfCats UE Diary

[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

[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.

[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

[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

[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]

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

[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!

[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

[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

[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]

Debt 10 updated
10. Debt: Barclaycard - (still with barclaycard)
Account Opened: Unsure - dropped off credit file. Was pre-2007 however
Balance at time of starting DMP: £5000?
Current balance: £3116
Defaulted? YES - Dropped off and gone
Last payment received: September 2018 via Stepchange for nominal low amount
22/01/19 - letter from Barclaycard informing me they are currently unable to fulfil my S78 request and at this time they are unable to enforce the debt. Filed for now UNENFORCEABLE

26/01/21 - Check on credit file and see that this month LINK FINANCIAL OUTSOURCING LTD have re-added the default! It was backdated to the 24/04/19 However this is the SECOND default for the same debt as the first was logged in 2013 and expired 2019! Written complaint sent via Resolver and also a further CCA request. SAR sent to Barclaycard and logged via email. I have a letter dated 12/04/2018 from Barclaycard confirming the default date was May 2012 on this account.

[PowerofCats]

Hiya.

Have you received any letters from Link saying they have this account.?

I haven't received any at all :/ the last update I have was from HOIST

[nightwatch]

Hiya.

Have you received any letters from Link saying they have this account.?

[PowerofCats]

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!

I don't even know which one this is as the balance doesn't match any figures I have and the last letters I have from Link are for 2 MBNA debts that are higher than this amount...

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?

[Joanna Connolly Solicitors]

Just a check-in. Nothing to update as such. I've a few letters with annual statements that have arrived and I'll update those when I'm able but nothing else of note as of yet.

I'm pleased things are quiet.

I've glanced back through your Diary but not sure whether you are still paying any/all of these debts?

I see some credit agreements were seen as enforceable by Niddy but there's more to it than just the credit agreement especially if the debt has been assigned (sold) to a debt purchaser who may lack FCA authorisation. Or the original creditor didn't serve a compliant Default Notice.

I look forward to reading your updates.

Di