Roger UE Diary

[Still Waving]

Previously discussed considered s.78 or SWID




There has been little communication with Link till now. They have jumped straight to threatening with refering to Kearns Solicitors!
My thinking is to now send a SWID but without mentioning Egg. Otherwise a section 78/77 .
Any thoughts?

If I understand your diary correctly you haven't ever sent a CCA request to Barclaycard, so I'm not sure what reason you would put in a SWID letter (which usually says there is an unfulfilled CCA74 request). Maybe now send a CCA request to LInk, and if Kearns do write, you can refer them to your CCA request to LInk.

[Roger]

Sorry, no help, but have just enjoyed catching up with your diary

I to am an avid reader of all the diary's on this Site and the MODS wonderful contributions and the help and good advice given. It has helped me and I hope helps you.

If I understand your diary correctly you haven't ever sent a CCA request to Barclaycard, so I'm not sure what reason you would put in a SWID letter (which usually says there is an unfulfilled CCA74 request). Maybe now send a CCA request to LInk, and if Kearns do write, you can refer them to your CCA request to LInk.

Thank you Still Waving for your help and reasoning!
The letters previously sent to Barclaycard and Mercer requested confirmation of the CCA (without the £1). Both Barclaycard and MERCER knew that the Account was disputed hence sending a SWID.
However now that Link have upped the stakes with threatening to refer to Kearns then the CCA74 request (with £1) does look a better tactical choice at this moment and for the reasons you have given

[Roger]

Intelligent Finance (Halifax)
Type of account : Credit Card
Date commenced : Apl 2006
Approx balance : £2,100
Date last paid : Feb 2012
Are you on arrangement or not paying: Was on an arrangement
Status (default/in arrears/up-to-date) : Default
Account owner (who is writing to you, a DCA or the lender): was Halifax from JUL 2017 CABOT FINANCIAL (UK) LIMITED

I used templates available elsewhere on the Internet with Halifax
Apr 2014 Halifax sent me s.78 CCA (at their instigation) which Niddy has seen
It's
I have a letter dated 2014 " I can confirm when we receive your signed credit agreement, we scan it and keep a copy electronically. We then destroy the original."
All has been quiet apart from year statements till now.
Halifax Oct 2015 "However I have just received a letter saying they have instructed Wescot Credit Services Ltd to arrange collection of the outstanding balance"
Wescot's letter 18 / 11/ 2015 ".. we have been instructed by our client, Halifax Credit Card.."
AAD advised "Not to respond, see what they send next, keep Us updated"
Wescot reminder (undated) arrived 26/11 "We wrote to you recently.." Have NOT replied.
Wescot letter arrived Dec 2015 "our enquiries have confirmed you are resident at the address above but we have not yet had contact from you". Have NOT replied
Wescot letter arrived Dec 2015 ""We have written to you on several occasions asking you to contact us, however to date we have not received a response. In an attempt to close this matter our client has agreed we can offer you a discount to settle this account .." ".. We have previously outlined the benefits of contacting us, however should you choose not to our client has instructed us to continue seeking recovery of the full balance".
"..If we are unable to discuss this matter with you and agree a way forward on your account it will be returned to our client.."
DEC 2015 Recorded Delivery s.78 Request to WESTCOT
JAN 2016 2F (WESCOT) "Confirmation of Residency"
JAN 2016 2F at phone won't prove ID
MAR 2016 HALIFAX " ..we've transferred your HALIFAX debt to debt collection agency. Moorcroft.." There is an Outstanding s.78 with WESCOT
MAR 2016 MOORCROFT ".. We have been instructed by HALIFAX.." ".. Both our client and we do not wish to take further debt recovery action but if agreement cannot be reached by 28/03/16 we may have no alternative.."
APR 2016 MOORCROFT " Automated phone calls (2) ."
APR 2016 MOORCROFT ".. To prevent possible further debt recovery action.." ".. If you do not contact us..we may .. recommend to our clients that they consider possible further debt recovery action against you .."
APR 2016 MOORCROFT ".. MONTHLY INSTALMENT OFFER .."
MAY 2016 MOORCROFT ".As no agreement has been reached we have now been asked to review your account to consider the steps which MAY be taken.."
# "..Continue in our attempts to contact you by letter and phone"
# "..arrange to call at your home address.."
# "..continued adverse reporting on your credit file"
MAY 2016 MOORCROFT "..Account passed to Home Collections Division .."
# "..MAY involve a local rep calling.."
# "..MAY offer a substantial discount.."
# "..if can't afford MAY still help.."
JUN 2016 MOORCROFT "..DISCOUNT OFFER.. Our client MAY be able to offer a substantial discount .."
AUG 2016 HALIFAX "2016 Statement " Had these in the past will just file
SEP 2016 HALIFAX (but posted by ROBINSON WAY) "..we have transferred your Halifax Credit Card to..Robinson Way..We've instructed Robinson Way to arrange collection of the outstanding amount.. "
SEP 2016 ROBINSON WAY"..Your account details have been passed to us from HALIFAX... contact within next seven days.. "
OCT 2016 ROBINSON WAY "..Contact Required. ."
NOV 2016 ROBINSON WAY "..Help Available - Balance Reduction Offer. ."
JUL 2017 ASSIGNMENT - CABOT FINANCIAL (UK) LIMITED
CABOT Phone Calls commence and ongoing (recorded and blocked by BT)
AUG 2017 CABOT FINANCIAL (EUROPE) LIMITED - current creditor CABOT FINACIAL (UK) LIMITED - Letter now received (dated over week ago) . It looks and reads innocous.
SEP 2017 CABOT Letter ".. If we do not hear from you we will continue to contact you.."
SEP 2017 CABOT letter ".. your account has been reviewed for legal action. contact with 28 days so we can prevent this from happening.." .. " We can help you to avoid this."
OCT 2017 SWID sent
OCT 2017 CABOT letter ".. consequences of your not contacting us.. What Legal Action could mean? if you don't contact within next 14 days we will proceed as highlighted above.." But what are their words? POTENTIAL LEGAL ACTION! WE COULD! OUR TYPICAL APPROACH WOULD BE TO INSTRUCT A SOLICTOR ." Nothing of a LBA here!
My SWID and Their Letter have crossed in the post! So have just filed and will do nothing.
OCT 2017 CABOT letter ".. dealing with my complaint.." OCT 2017 CABOT letter "..have not been able to resolve your complaint as quickly as .. would have liked...."
NOV 2017 CABOT letter response to SWID "..Resolved your complaint and that there wasn't a Dispute with Halifax whom they quote as having "Complied with CCA request on May 2014 and passed to another department to send out to customer - unable to provide info on when this was sent out, .."

This is where I'm different as I liked to send a letter such as SWID pretty much on first contact from a dca then I ignored further letters unless they were really threatening court action etc. IMO if you later sent a SWID they could come back with "so why didn't you tell us that at the start?"

I have updated the Diary entry as above. I followed the excellent advice of the MODS and sent a SWID. Cabot sent reconstituted statements and CCA . It doesn't change Niddy's UE opinion..
My response from now on will be in accordance with Pixie's recommendation.

[Roger]

Re: Roger UE Diary

Egg(formaly) Barclaycard
Type of account : Credit Card
Date commenced : Nov 2007
Approx balance : £3,200
Date last paid : March 2013
Are you on arrangement or not paying: Was on an arrangement
Status (default/in arrears/up-to-date) : Default
Account owner (who is writing to you, a DCA or the lender): Asset Link Capitol (No 5) Limited [FCA lapsed] Appointed LINK Financial Outsourcing
Barclaycard moved account from Egg Nov 2011 and changed Account No.
I have a printed copy of the Egg Agreement which I had kept! Curiously the Egg signature dated day before Customer signature date
I used templates available elsewhere on the Internet with Barclaycard
I have never asked for nor received a s.78 from Barclaycard!
Nov 2011 "We want to make sure you have all the important details and dates you need to know as we finish moving your account to Barclaycard. As previously notified you we're unable to issue you a new Barclaycard due to the condition of either your existing Barclaycard or migrating Egg account. "
DEC 2011 Statement "Your account is closed" "Please note your account is now closed. You'll continue to receive statements until the balance and any interest is fully paid. As your account is now closed, if anyone requests payement from your account, it may be automatically returned to that company."
MERCERS Default Notices June 13 and Nov 13 No NOA from Barclaycard
Barclaycard Letter AUG 14 " Failure to Report to Credit Agencies. Will be dated from Nov 13 .."
Barclaycard last letter was August 14 . "We've identified that we have been reporting inaccurate information about your account to Credit Referemce Agencies. We apologise for this error and we're now correcting it.."
OCT 16 ASSET LINK "We are writing to confirm that Barclaycard has assigned your account to Asset Link ..it is important you contact Link to discuss your intentions regarding this account"
MAR 17 LINK "We have not written to you for some time as we have had to validate your address. We would like you to contact us..to confirm your intentions regarding...your account" (LF001 & D34_4)
APR 17 LINK "Statement of Account- Notice of sums in Arrears" Curiously LINK Now describes this as Barclaycard Loan Agreement under Account Number: ???????????"
OCT 17 LINK "Statement of Account" now Statement 2 described as Credit Agreement under Account Number: ???????????"
OCT 17 LINK "..We give you 14 days notice that the account will be passed to Kearns Solicitors.."
OCT 17 Posted Recorded s.78 request with £1 PO to Link
JAN 18 LINK Phone Call JAN 18 LINK "..We need to speak to you to discuss this account.." Various SMS. Calls RECORDED APR 18 LINK "Statement of Barclaycard Account" JUN 18 LINK (LF001 & D17F) "..entitled to immediate repayment..." ; JUN 18 LINK (LF001 & D34_4) "..had to validate your address..." CALLS (again)
JUN 18 SAR requested posted to BARCLAYCARD : JUL LINK Harassment Letter sent : JUL LINK .".dealing with your complaint." :

JUL LINK ."we have not harassed you.. letters only .but only if you talk to us.." CCA Outstanding:

JUL SAR received

NOV 2018 Link S.78 CCA received (Link have had this for a year!) Have sent copy to Niddy for review