gameplan diary

[gameplan]

[QUOTE=Colin G Quinn;n1544187]

[SIZE=14px][FONT=Arial]Re: Barclaycard

Received letter from Link saying original creditor has confirmed that they are currently unable to comply with CCA request 12 day timeframe. Adding that although account is currently unenforceable the balance remains collectable and creditors can still register and continue reporting defaults.

I will wait until they produce documents in response to CCA
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Hi,

There is a UK Supreme Court authority Judgment which provides that a 'creditor' has a duty to ensure a credit agreement remains enforceable before continuing to report a default to the credit reference agencies.

So if they deem the agreement unenforceable, which it is in law as they can't comply with a statutory request, then they should not be reporting a default on your credit file until such a time that they believe the agreement to be enforceable.

Thank you Colin I will keep an eye on my Credit Report.

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Meanwhile Re: Barclays overdraft

Could someone please confirm I should now send Barclays the template letter in "section 1 - Starting out" entitled "Bank Accounts - CCA Request (Part 1)" as I originally sent them the ordinary CCA Request letter and they replied saying that does not apply to an overdraft.

Thank you

[Roger]

[QUOTE=gameplan;n1544197]

Thank you Colin I will keep an eye on my Credit Report.

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Meanwhile Re: Barclays overdraft

Could someone please confirm I should now send Barclays the template letter in "section 1 - Starting out" entitled "Bank Accounts - CCA Request (Part 1)" as I originally sent them the ordinary CCA Request letter It isand they replied saying that does not apply to an overdraft.

Thank you

No the CCA Request Letter is correct and it applies to Overdrafts.
It is UE whilst this remains Unsatisfied. Sit on your hands!

[gameplan]

Re Overdraft - Thank you Roger I will wait till I hear again from Barclays

Re Barclaycard - Received letter from Link saying original creditor has been unable to comply with CCA and therefore the account is considered as unenforceable.
They add the same as before re:- "that although account is currently unenforceable the balance remains collectable and creditors can still register and continue reporting defaults" - but Colin has already explained that one.
They finish with - "This completes our obligations under Section 78 of the act".

Thank you everyone for your continued help and support.

[gameplan]

Assigned: Approx 2011 to Link Financial
Account Owner: Barclaycard

23-11-20 Received letter from Link asking me to complete attached income/expenditure form.
24/01/22 CCA request sent to Link.
26-01-22 Received text from Link saying contact them with latest income/expenditure figures.
21/02/22 Received letter from Link saying original creditor has confirmed that they are currently unable to comply with CCA request 12 day timeframe.
05/03/22 Received letter from Link saying original creditor has been unable to comply with CCA and therefore the account is considered as unenforceable.
01/04/22 Received text from Link saying "We need to speak to you about you making a payment".
04/04/22 Received phone call from Link - I refused to go through security and told chap everything must be in writing.
08/04/22 Received letter from Link saying I need to phone them (no explanation as to why).
13/04/22 Received phone call from Link - I told woman everything must be in writing. She said in that case they will remove my telephone number from their database and stop calling me.
20/04/22 Received letter from Link saying I need to phone them (no explanation as to why).
22/04/22 Received letter from Link saying I need to phone them about overdue payment.
29/04/22 Received email from Link saying I need to phone them about two overdue payments.
07/05/22 Received "two separate" letters from Link both saying my payment arrangement has been cancelled and I need to contact them to make a payment.
20/05/22 Received Arrears Notice from Link saying full amount now due as monthly arrangement has been cancelled.

Keeping my head down and not a lot to report other than Link keep contacting me, as seen above, and this is after they sent me a letter in reply to CCA saying "account is considered as unenforceable". Yesterday, 20/05/22, received Arrears Notice saying full balance now due as they have cancelled the monthly arrangement because I stopped the monthly payments since CCA reply. Also they included a Statement of Account which shows they have added the £1 CCA postal order I sent them as a payment from me off the account. This does not worry me too much as it only comes a few weeks after my final payment but it shows that they will stoop to any lengths to try to extend the statute barred period.

Should I now send Link the letter saying you have told me the account is unenforceable so stop contacting me or do I still sit tight?

Thank you

[Still Waving]

Hi

Sit tight and say nothing. Even though the account may currently be unenforceable (in court), they are still entitled to keep on asking you to pay. You will have to get used to that. As you have only just stopped paying, you have six years to go before the debt is Statute Barred. What you must now NOT do is say or write anything which could be deemed to be an acknowledgment of the debt. If they phone you, hang up without a word - rude, but they are thick-skinned .

EDIT: Keep safe that letter where they say the debt is considered unenforceable!

[gameplan]

Hello,
Some more updates since I sent CCA requests in January.

Barclays private overdraft
Barclays did reply a few months back as you may remember giving a detailed explanation which basically says the CCA request does not apply to an overdraft. Your replies say differently.
23/07/22 Received letter from Barclays Collections & Recoveries (They are using an incorrect postcode for me still). They say account now passed to Wescot to manage.
24/07/22 to 30/07/22 Wescot sent x2 texts / x4 recorded messages / x1 letter re contact us to pay.
01/08/22 to 06/08/22 Wescot sent x1 text / x6 recorded messages / x2 letters re contact us to pay.

Should I just sit tight or send the template letter to Wescot explaining CCA does apply to overdraft?
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AA Loan
July 2022 At last in reply to January CCA request I received letter from Wescot saying Intrum have advised they are unable to obtain copy of agreement for this account. Intrum have also withdrawn account from Wescot.
August 2022 Received letter from Intrum which has no mention at all re CCA request or the fact they are unable to obtain agreement. They want me to contact them to repay outstanding balance.

Should I sit tight or send the "No reply to my CCA request" template letter to Intrum?
-----------------------------

Thank you.

[Still Waving]

Hi

a) I would sit tight - there is no point in arguing Consumer Credit Act with Westcott.

b) Intrum (if they own the debt) are entitled to ask you to pay. However, if they have been unable to produce a bona fide agreement, they cannot win enforcement in court. They are probably hoping you don't know that. Keep safe the letter from Westcott where they say Intrum couldn't obtain a copy. Sit tight here too.

[gameplan]

AA Loan
September 2022 Received letter from Intrum saying “We’re thinking of taking you to court if you do not contact us soon”.
You may remember that in reply to my CCA requests to Wescot and Intrum I received a reply from Wescot saying “Intrum have advised they are unable to obtain a copy of agreement for this account. This may be due to the age of the account. Intrum have also withdrawn the account from us”.
I have heard absolutely nothing from Intrum in reply to the CCA request I sent them and in their letters to me they have never mention it.

Should I still sit tight or send the "No reply to my CCA request" template letter to Intrum?

Thank you.

[Still Waving]

Sit tight while they "thinking".

[The Tech Clerk]

Sit tight they are digging deep in their bottom threatogram drawer

[gameplan]

Hello,
Update on my Barclays bank (Private account) overdraft. The one where Barclays sent me a reply to my CCA (see earlier 19/02/22) saying section 77 and 79 of the CCA request does not apply to running account credit agreements such as an overdraft.
Wescot have sent account back to Barclays after I did not respond to them and I have now received letter from Moorcroft, who are also using an incorrect postcode for me, saying they have been instructed by Barclays Bank UK PLC to collect the account and I need to contact them.
Do I just file letter and sit tight or do I send a letter to Barclays or Moorcroft re CCA not been answered last year?
Thank you.

[Still Waving]

Hi

I would file and sit tight. Don't start an argument before you need to.

You've seen off one debt collector with the silent treatment.

EDIT: Have you seen this BTW?
https://all-about-debt.co.uk/forum/d...eal-overdrafts

[The Tech Clerk]

I have now received letter from Moorcroft, = ignore probably they are trying it on?, it is going around in circles to different Collection agents,. says a lot! see what send next.

[gameplan]

Thank you for your replies. I shall sit tight again.
And thank you Still Waving for the link, very reassuring.

[gameplan]

Hello,
Regarding Debenhams Card Acoount
June 2023 – Received Statement from Capquest (so Moorcroft have returned account) saying Capquest have been appointed by Intrum Poplar Designated Activity Company (whatever that might mean!) as administrator of my agreement and to contact Capquest to make payment.
Somewhat confused as Arrow Global was the Creditor and the letter received is exactly same template that I have received from Arrow in the past.
Have Intrum purchased Arrow Global recently?
Thank you.