Moonmonkey's Diary

[Joanna Connolly Solicitors]

I just discovered this forum and will set up my own diary next week.

Hello johnbruce

I look forward to helping you with your debts when you start your own Diary.

You say in your post that you have two old Barclaycards from 2007/8 - do you have any other debts which may need help?

I also see that Link has not complied with your CCA Requests to them so those debts are unenforceable unless or until they do comply. Are you still paying Link?

Start a new thread and we'll take it from there.

(it's too soon to send a SAR to Barclays just yet.)

Di

[Never-In-Doubt]

Always happy to go into battle against the debt purchasers

Di

Challenge Di lol

think challenge anneka but in court instead!

[Joanna Connolly Solicitors]

AAD have an exceptional Association with Jo whose firm is outstanding and there first discussion is free.
Jo & Di fought and won a massive battle for which I and my family are very grateful!

Always happy to go into battle against the debt purchasers

Di

[Never-In-Doubt]

Update - a boring one but an update

Haha - ignore them, see what they do next

[Never-In-Doubt]

Hi Roger,

I am watching this post for some time as I am in the exact situation like Moonmonkey. Just to share my own experience about Barclays late default. I had two Barclaycards credit cards opened in 2007 and 2008. In 2010, I went into financail difficulties and stoped paying. Barclays closed my both accounts and I agreed some reduced paymenst with Barclays. Barclays sent me default notice within first year but they never put defaults on my credit file and they kept reporting late payments to credit ref agencies. In 2013, Link purchased both accounts and they replaced barclays accounts on my credit file with Link with late payments. In 2016, I realised this mistake and asked Link to default my accounts but they refused, then I submitted my complaint to barclays and barclays upheld my compalint and told Link to default both accounts backdated to 2013. I am good at keeping records and have all paper work and letters from Barclays and Link to prove this including old credit reports from Experian and Noddle.

I sent CCA requests to Link in mid feb and so far just received standard letter and nothing else and now also sent SAR to Barclays as well.

Hiya johnbruce

Have a read of this - this will explain the differences between the defaults. --> https://all-about-debt.co.uk/forum/d...87-s88-cca1974

What you need to bear in mind is that if you start a DMP before the lender has added a default then they do not need to add one, instead they can leave running monthly D / 8 / etc markers (ie payment late).....

The issue here is the dates - need you to be specific -

1. When did you last make a full payment to the card?
2. After the above, when did you commence the DMP and make the first payment?

If the difference between 1 and 2 is greater than 6 months then the bank has acted unlawfully and in breach of the Principles for the Reporting of Arrears, Arrangements and Defaults, so it's easier to get it removed.

Additionally, has a default entry ever been visible on the account with a CRA - whether it was and changed / deleted etc?

I might miss any reply so if so, email me please. My email is below in my signature.

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010
Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

03/04/2020 - Another letter from Robway saying that they are waiting for a response from Tesco (re CCA) and my account is on hold until then. Yesterday they were chasing me for money - make your mind up

Update - a boring one but an update

[Warwick65]

Remember, a CCA request is only the first arrow in our quiver with which to attack the debt purchasers. There are then things like Default Notices, Assignment and of course authorisation.

I had a credit card from 2010 that was closed even though the CCA request seemed valid and another credit card with what looked like a solid cca response but no default . Finally I had a 15K loan with again what looked like a really good agreement and default notice that is now statute barred after my ignoring 20%, 30%. 50%, 75% and I think finally a 90% discount offer.

[scottygees]

thats cool - do they bombard you ?

I expected them to but have had very little correspondence from them, one letter every 6 months, usually a statement which they are legally obliged to send!

[Moonmonkey]

For what it’s worth I also had both a loan and a credit card for Tesco, both now owned by hoist and managed by Robinson Way. They have yet to provide agreements for either from my request 3 years ago.

thats cool - do they bombard you ?

[scottygees]

For what it’s worth I also had both a loan and a credit card for Tesco, both now owned by hoist and managed by Robinson Way. They have yet to provide agreements for either from my request 3 years ago.

[Moonmonkey]

They may have a CCA for this (tesco) but it may not be valid.

well they need to send it to me then !! i expect them to have something as 2010 loan.

[nightwatch]

They may have a CCA for this (tesco) but it may not be valid.

[Moonmonkey]

Tesco Personal Loan / Hoist Robinson Way

Agreement Start Date: 25/01/2010
Feb 20 Balance: £886.91
Last Payment via Payplan: 15 Feb 2020 £78.97
CCA requested: 27/02/2020
CCA signed for: 28/02/2020

06/03/2020 - Letter received from Robinson Way dated 29/2/2020 (why did it take a week?)
We can confirm that we have received a CCA request.
In order for us to request these documents we have had to cancel the payment arrangement that was in place. (good cos I have cancelled the standing order)

Your account will remain on hold until we have received the requested documents from our client. Once these have been sent to you we will be in contact regarding your payment.

Ok - so if they provide enforceable paperwork I will revert to my payments and/or try and get a settlement. I reckon they will have a CCA for this one

02/04/2020 - Letter received from Robinson Way advising that they have been notified by Payplan that I am not using them anymore and to complete an I&E to arrange a payment plan. Filed

Update - just a filed letter from Robway

[Roger]

Hi Roger,

I am watching this post for some time as I am in the exact situation like Moonmonkey. Just to share my own experience about Barclays late default. I had two Barclaycards credit cards opened in 2007 and 2008. In 2010, I went into financail difficulties and stoped paying. Barclays closed my both accounts and I agreed some reduced paymenst with Barclays. Barclays sent me default notice within first year but they never put defaults on my credit file and they kept reporting late payments to credit ref agencies. In 2013, Link purchased both accounts and they replaced barclays accounts on my credit file with Link with late payments. In 2016, I realised this mistake and asked Link to default my accounts but they refused, then I submitted my complaint to barclays and barclays upheld my compalint and told Link to default both accounts backdated to 2013. I am good at keeping records and have all paper work and letters from Barclays and Link to prove this including old credit reports from Experian and Noddle.

I sent CCA requests to Link in mid feb and so far just received standard letter and nothing else and now also sent SAR to Barclays as well.

Hi John
Like you I used to follow AAD but incognito ended up not asking for advice but digging a pit of my own making!
Correspondence risks extending the Statute Bar date!

AAD have an exceptional Association with Jo whose firm is outstanding and there first discussion is free.
Jo & Di fought and won a massive battle for which I and my family are very grateful!
Also Niddy is a mine of information!

What I and the MODS through experience have learned is the OC's and DCA's have their Achilles heels!

Why not start your own Diary and entries if nothing else to share experiences with others!
Having learned my lesson in the hard way what I have done is make notes! Hold a complete set of paper work SILENCE and if I need advice the paper work is available!
By contacting Link you have almost certainly admitted to the debt and extended the Statute Bar to what 2022.
The Credit Reports are for six years BUT the Statute Bar has become quite a legal mine field. Link have the evidence of acknowledgement of Debt in your Case 2016!

Now a Diary entry could perhaps have prevented this!

Roger

Apologies just seen your entry! Welcome to AAD

[johnbruce]

Hi Moonmonkey, I just discovered this forum and will set up my own diary next week.