Rubywisp's unenforceability diary

[rubywisp]

Link would of course say that!

Account Owner? Link
Link are a Group of Companies! Look back at their letters and find exactly which Link Company was Assigned this Debt! Not necessarily the Link Company writing to you!
NB Not all of the Link Companies have FCA authority.

Many thanks for your response. It is Link Financial Outsourcing Limited that are currently writing to me. The CRAs just have it showing as Link Financial Mbna (I) or Link Financial. I only have very recent letters from them as I chucked all of my paperwork in a decluttering phase. I don't have the letter of assignment. Is it something that I should request from them?

[Roger]

Many thanks for your response. It is Link Financial Outsourcing Limited that are currently writing to me. The CRAs just have it showing as Link Financial Mbna (I) or Link Financial. I only have very recent letters from them as I chucked all of my paperwork in a decluttering phase. I don't have the letter of assignment. Is it something that I should request from them?

At this stage don't ask anything from them!
Following a CCA the best answer is silence!

They will soon write in which case post details in your Diary!

In their letters they will often include a phrase such as ".. previously owned by Asset Link Capital (N01) Limited is being serviced by Link Financial Outsourcing Ltd .."
In this example Asset Link Capital (No1) Limited - That Company isn't NOT Authorised by FCA .

You need from now on to keep and file letters as well as making Notes of Phone Calls, Txt's letters etc Silence to all of these!

Details such as the Debt Owner are important for your NOTES.

[rubywisp]

At this stage don't ask anything from them!
Following a CCA the best answer is silence!

They will soon write in which case post details in your Diary!

In their letters they will often include a phrase such as ".. previously owned by Asset Link Capital (N01) Limited is being serviced by Link Financial Outsourcing Ltd .."
In this example Asset Link Capital (No1) Limited - That Company isn't NOT Authorised by FCA .

You need from now on to keep and file letters as well as making Notes of Phone Calls, Txt's letters etc Silence to all of these!

Details such as the Debt Owner are important for your NOTES.

Thank you Roger. I really appreciate your response.

[Spud]

Just as others have said, As tempting as it may be, Don't ask them for anything more just yet. You may find that you have a situation that will help you win the day here, You wouldn't want to go upsetting that - Silence is indeed golden - Take it from me

Send the CCA reply to Niddy as suggested

The email of 18th September you refer to - Is that a CCA send to Niddy? ( I have not read back yet to clarify)

He is extremely busy with work at the minute and a volunteer here, The same as anyone here so naturally will take a bit of time to come back to you ( I know you appreciate this - Just saying)

As long as its not pressing ( Imminent legal action etc) wait a few more days and then just send a brief polite reminder email, He wont mind as its easy to miss something when your dealing with 100's of emails a day

Your doing great

[rubywisp]

Thank you. My email was ref a letter to say that barclays staff loans don't need to send me a cca together with my application. They haven't even contacted me yet re my missed payment on the 1st. I'll expect a letter but nothing is going to happen for ages yet. I won't trouble him. thanks

[Joanna Connolly Solicitors]

Any updates on your debts?

Di

[rubywisp]

Any updates on your debts?

Di

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying On an arrangement
• Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
• Account owner (who is writing to you, a DCA or the lender) Lender

3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

8th September 2019 S77/78 CCA Request sent

18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copy of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“ sent to Niddy

16 December 2019 letter received from Barclays saying that they are passing my account to moorfcroft. Letter filed


Hi Diana

I'd heard nothing on the debts until today when I received a letter from Barclays saying that they had passed my account to moorcroft to handle.

Still nothing from the debt with link which falls off in July 2020

[The Tech Clerk]

Moorcroft hopeful collection only agents, sit tight

[Joanna Connolly Solicitors]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying On an arrangement
• Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
• Account owner (who is writing to you, a DCA or the lender) Lender

3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

8th September 2019 S77/78 CCA Request sent

18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copy of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“ sent to Niddy

16 December 2019 letter received from Barclays saying that they are passing my account to moorfcroft. Letter filed


Hi Diana

I'd heard nothing on the debts until today when I received a letter from Barclays saying that they had passed my account to moorcroft to handle.

What was Niddy's verdict on the credit agreement you sent to him?

Di

[rubywisp]

He stated that it was enforceable

[Spud]

So the agreement may be enforceable, If it is that's certainly not the end - Some of my agreements were enforceable - But I never paid them a penny and they are well past the SB Post now

The agreement is only a part of the whole picture and any claim or litigation could fall down on several other factors should it ever get this far - Many don't

They have appointed Moorcroft to act as collection agents - Personally I see that as good news

This is all about playing the game now and responding correctly

As and when you get any contact from Moorcroft, post up and we will get you sorted - Your doing great

[rubywisp]

Thanks to this group I'm not scared of them anymore. I'm just filing their missives until I get one that is actually something worth responding to. I'll keep updating this post with anything that arrives.

[Spud]

Thanks to this group I'm not scared of them anymore.

And that is what AAD is all about - Getting you back in control and the balance of power back with you

You have got that just right, post up if you receive anything that feels like it needs a reply or is threatening etc - If in doubt ask - We have all been there

[rubywisp]

10 January 2020 letter from moorcroft offering monthly payments. Will file.

[rubywisp]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying On an arrangement
• Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
• Account owner (who is writing to you, a DCA or the lender) Lender

3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

8th September 2019 S77/78 CCA Request sent

18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copyI of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“ sent to Niddy. sadly he has stated that it is enforceable

16 December 2019 account passed to Moor croft to manage. Letter filed.

27 December 2019 letter from moorcroft wanting a repayment plan. Filed

10 January 2020 letter from moorcroft offering monthly payments. Will file.

22 January 2020 Letter from moorcroft offering a partial settlement - sum that would be acceptable is not mentioned. Will file.