Let the fun commence - 6 year journey starts here!

[Brusselsprout]

A lot will depend on the current status of the debt, such as nearing Statute Barred or irredeemably unenforceable, and the amounts involved.

Sometimes there’s a condition in the Deeds which allows the original creditor to buy back the debt so they can offset the PPI refund, and then reassign it to the debt purchaser.

Other times knowing that you had PPI can be useful as part of your Defence, such as did they comply with a s78 CCA Request with details of the PPI, or even a Counterclaim (in some circumstances).

Each debt is different so maybe post where the history of these two accounts (MBNA and Barclaycard) can be found on your thread to see the full backstory.

Di

Thanks Di

Interesting info there, I didn't know they could buy it back! Well my MBNA debt was sold to PRA, and is a pre 2007 former Virgin card. I haven't had a definitive answer on whether it is unenforceable, but Niddy thought it looked ok, but after speaking to yourself you mentioned that the T&Cs where not included in the CCA...As for my Barclaycard ones they are both post 2007 and Niddy thinks they are unenforceable at present as there is no signed agreement sent with the CCA. Both histories can be found on page 1 of my diary (sorry im not tech savvy enough to link them to here ) I am nowhere near Statue barred yet unfortunately All 3 debts are my largest ones 10k, 9k and 6.5k...



Thanks
Brussel

[Brusselsprout]

Evening everyone...

Slight confession first... basically 95% of my debt is due to gambling...and i pretended that it wasn't because i didn't want to acknowledge that fact! i now acknowledge this fact because in the last 2 weeks i have been able to apply for 3 pay day loans, and maxed out my Aqua credit card, of £450! Madness! I thought i was in control in the last 2 years or so, but i can't believe that i have been able to get 3 pay day loans and a credit card.... all this with 8 defaults on my credit file! I take full responsibility for this idiocy, but something is wrong on this eligibility checker right!? I will pay all these ones off, but does this have any affect on my other debts that I am fighting?

Feeling like a right idiot at the moment, and kind of feel like im slipping into a very dark hole, slowly but surely...

Sorry for all the melancholy and self pity, but i just needed to get this down, as i felt like a bit of a fraud if i didn't...

Thanks
Brussel

[Joanna Connolly Solicitors]

Slight confession first... basically 95% of my debt is due to gambling...and i pretended that it wasn't because i didn't want to acknowledge that fact! i now acknowledge this fact because in the last 2 weeks i have been able to apply for 3 pay day loans, and maxed out my Aqua credit card, of £450! Madness! I thought i was in control in the last 2 years or so, but i can't believe that i have been able to get 3 pay day loans and a credit card.... all this with 8 defaults on my credit file! I take full responsibility for this idiocy, but something is wrong on this eligibility checker right!? I will pay all these ones off, but does this have any affect on my other debts that I am fighting?

Feeling like a right idiot at the moment, and kind of feel like im slipping into a very dark hole, slowly but surely...

Sorry for all the melancholy and self pity, but i just needed to get this down, as i felt like a bit of a fraud if i didn't...

What a great post!

No need to feel like an idiot, and no need for melancholy or self pity.

We all have our strengths and weaknesses.

I’m going to ask someone to post on your thread who I know may me able to help.

Di

[Brusselsprout]

What a great post!

No need to feel like an idiot, and no need for melancholy or self pity.

We all have our strengths and weaknesses.

I’m going to ask someone to post on your thread who I know may me able to help.

Di

Thanks Di... great help as always

[Warwick65]

Hi

There is a lot of thread which I haven't been able to read through as yet- might take me a few days so 'bear with' :-)

They say confession is good for the soul and it can be. Is this the first time you have admitted to anyone other than yourself you are a 'problem gambler'. That is the term used in reports and research where gambling impacts your life or someone elses life

You say you thought you had it under control - I am a firm believer in the fact that some people are more likely to fall pray to addiction (in its many forms) - I think it is the way our brains are wired and how we respond to the buzz created- addictions can be drink, drugs, gambling, shopping, love, sex

This is an observation and not a judgement - had you managed to stop all forms of gambling and this was just a blip or have you been continually gambling?

The following comments are intended for you or anyone who is struggling with gambling so please don't take it personally

Have you looked for any help and support , there is gamanon which runs along the same programme as AA - not my type of thing TBH as it feels more like a religious cult to me but works for some. Then there is gamcare https://www.gamcare.org.uk/ They can provide online resources and forums to provide help and support as well as where available direct you to non online help.

Whatever your 'poison' is there are things you can do to help- if you visit shops. casinos etc you can self exclude where you ask them to ban you- they are all used to it . If you gamble online you can ask to be excluded as well- look for the links on the webpages

Now for the PDLs and Aqua

You say you are able to sort these- will that be without a default or not? Hopefully without a default as you don't want more on your record

I have read elsewhere that if the PDL's report to credit files it will harm your ability to get credit as creditors see you as a bad risk but I can't see it harming you with other debts.

You are right about it being too easy to get credit , even with 3 defaults on it I have an aqua credit card with a £6200 limit - at one point recently I had 6 different cards - I have cancelled 3

Once you have sorted out your PDL's I think you might want to make an affordability complaint https://debtcamel.co.uk/payday-loan-refunds/

The reason I say once you have sorted them out is , if there is no default at the moment, an affordability complaint might trigger one

Well done for the 'confession' and I'll have a read

[Warwick65]

Just something from my experience
My debts were all getting close to SB and most of the big defaults had fallen off my credit file back in 2016 . I was accepted for an Aqua card and within weeks i had received a letter of claim from lowell for a debt with capital one. Now it may have been coincidence or it could have been they saw me being given credit so assumed i had an income and spare cash- in any event we (Joanna Connolly Solicitors) defeated the claim AND they had to pay costs in the small claims track.

[Brusselsprout]

Hi

There is a lot of thread which I haven't been able to read through as yet- might take me a few days so 'bear with' :-)

They say confession is good for the soul and it can be. Is this the first time you have admitted to anyone other than yourself you are a 'problem gambler'. That is the term used in reports and research where gambling impacts your life or someone elses life

You say you thought you had it under control - I am a firm believer in the fact that some people are more likely to fall pray to addiction (in its many forms) - I think it is the way our brains are wired and how we respond to the buzz created- addictions can be drink, drugs, gambling, shopping, love, sex

This is an observation and not a judgement - had you managed to stop all forms of gambling and this was just a blip or have you been continually gambling?

The following comments are intended for you or anyone who is struggling with gambling so please don't take it personally

Have you looked for any help and support , there is gamanon which runs along the same programme as AA - not my type of thing TBH as it feels more like a religious cult to me but works for some. Then there is gamcare https://www.gamcare.org.uk/ They can provide online resources and forums to provide help and support as well as where available direct you to non online help.

Whatever your 'poison' is there are things you can do to help- if you visit shops. casinos etc you can self exclude where you ask them to ban you- they are all used to it . If you gamble online you can ask to be excluded as well- look for the links on the webpages

Now for the PDLs and Aqua

You say you are able to sort these- will that be without a default or not? Hopefully without a default as you don't want more on your record

I have read elsewhere that if the PDL's report to credit files it will harm your ability to get credit as creditors see you as a bad risk but I can't see it harming you with other debts.

You are right about it being too easy to get credit , even with 3 defaults on it I have an aqua credit card with a £6200 limit - at one point recently I had 6 different cards - I have cancelled 3

Once you have sorted out your PDL's I think you might want to make an affordability complaint https://debtcamel.co.uk/payday-loan-refunds/

The reason I say once you have sorted them out is , if there is no default at the moment, an affordability complaint might trigger one

Well done for the 'confession' and I'll have a read

Hey Warwick

Thanks for taking the time to respond... really appreciate it. Thanks also for the msg you sent me. I am having trouble replying to that msg for some reason...It won't let me reply!
In regards to the above, i have never really stopped, only the intensity (taking out £500 cash 2 times a week on Credit cards) has lessened as i didn't really have any access to vast sums of money once all my cards were maxed out! I still gambled - often still a bit too much - and continue to do so! You always have that hope of 'one big win will sort it all out', so that keeps you going, even though you know it will never happen. It's a very odd habit/addiction i guess.... i feel like if i stop i then have to admit defeat and the reality of the mess i have created will have to be acknowledged.

I have looked at the gamcare site, and have read all the stories there - i even called up once - but still i didn't think i had a problem because 'i was in control' in my warped belief, and that's what it is, the whole thing is a warped thinking proccess!

In regards to my new pay day loans, i can pay those off over a few months, and will not default on them, but it will be a painful reminder of what i have done! Also it's a reminder of how easy it is to get in deep financial trouble within a very short period of time!

Thanks again for the reponse and adivce!

Brussel

[Right-a-wrong]

Evening everyone...

Slight confession first... basically 95% of my debt is due to gambling...and i pretended that it wasn't because i didn't want to acknowledge that fact! i now acknowledge this fact because in the last 2 weeks i have been able to apply for 3 pay day loans, and maxed out my Aqua credit card, of £450! Madness! I thought i was in control in the last 2 years or so, but i can't believe that i have been able to get 3 pay day loans and a credit card.... all this with 8 defaults on my credit file! I take full responsibility for this idiocy, but something is wrong on this eligibility checker right!? I will pay all these ones off, but does this have any affect on my other debts that I am fighting?

Feeling like a right idiot at the moment, and kind of feel like im slipping into a very dark hole, slowly but surely...

Sorry for all the melancholy and self pity, but i just needed to get this down, as i felt like a bit of a fraud if i didn't...

Thanks
Brussel

Hi Brussel, Sorry about the blip you have had, don’t beat yourself up about it. I worked in the gaming industry for a large part of my working life and have complete empathy for any gambler. The way the industry has been allowed to go over the past few decades is a complete and utter disgrace, it has gone from the Gambling Commision having a complete stranglehold on the industry, whereby it was against the law to even display a sign saying ‘casino’ outside a casino, to a total free for all, there is now total saturation, with night time Roulette on TV, online gaming 24/7 meaning no escape for a problem gambler, it is there’s at every turn. The availability of the FOBT (fixed odds betting terminals) in the bookies, with the ability to lose hundreds of pounds a minute - is crucifying people that are hooked, it makes me sick to the very pit of my stomach. Pick yourself up, dust yourself off, and take the other great posters advice (I can’t see who it was, I think Warwick, always fab advice there) and contact Gamcare or Gamblers anonymous, they are both fabulous organisations that are great. It is not you who should feel sorry or ashamed, it is the industry that should be hanging their heads in shame, as should the PDL’s that are facilitating it.

[Brusselsprout]

Hi Brussel, Sorry about the blip you have had, don’t beat yourself up about it. I worked in the gaming industry for a large part of my working life and have complete empathy for any gambler. The way the industry has been allowed to go over the past few decades is a complete and utter disgrace, it has gone from the Gambling Commision having a complete stranglehold on the industry, whereby it was against the law to even display a sign saying ‘casino’ outside a casino, to a total free for all, there is now total saturation, with night time Roulette on TV, online gaming 24/7 meaning no escape for a problem gambler, it is there’s at every turn. The availability of the FOBT (fixed odds betting terminals) in the bookies, with the ability to lose hundreds of pounds a minute - is crucifying people that are hooked, it makes me sick to the very pit of my stomach. Pick yourself up, dust yourself off, and take the other great posters advice (I can’t see who it was, I think Warwick, always fab advice there) and contact Gamcare or Gamblers anonymous, they are both fabulous organisations that are great. It is not you who should feel sorry or ashamed, it is the industry that should be hanging their heads in shame, as should the PDL’s that are facilitating it.

Thanks for the response and the kind words...

It is shocking how easy and quick it can be to get suckered in! I have had a battle with the FOBTs in my time, and can generally stay away from them, but if you put any money in at all, then that's it, it's got you, and you won't leave it until you've blown all you money in your wallet! I have made countless depressing walks to the cash point to get more cash out, and gone straight back in! The depressing thing is i have seen countless people in my town do exactly the same! It's ludicrous! I think the fact i can dust myself down, and get back up very easily is also a problem for me because i go from the extreme lows of losing everything to getting straight back up, and thinking ' ahh i'll give it another go'. I am very optimistic which is a very dangerous trait in a gambler! A problem that i need to address no doubt, and will look more seriously at the organisations you have mentioned there.

Thanks again, really appreciate your comments.

Brussel

[Warwick65]

Hey Warwick

Thanks for taking the time to respond... really appreciate it. Thanks also for the msg you sent me. I am having trouble replying to that msg for some reason...It won't let me reply!
In regards to the above, i have never really stopped, only the intensity (taking out £500 cash 2 times a week on Credit cards) has lessened as i didn't really have any access to vast sums of money once all my cards were maxed out! I still gambled - often still a bit too much - and continue to do so! You always have that hope of 'one big win will sort it all out', so that keeps you going, even though you know it will never happen. It's a very odd habit/addiction i guess.... i feel like if i stop i then have to admit defeat and the reality of the mess i have created will have to be acknowledged.

I have looked at the gamcare site, and have read all the stories there - i even called up once - but still i didn't think i had a problem because 'i was in control' in my warped belief, and that's what it is, the whole thing is a warped thinking proccess!

In regards to my new pay day loans, i can pay those off over a few months, and will not default on them, but it will be a painful reminder of what i have done! Also it's a reminder of how easy it is to get in deep financial trouble within a very short period of time!

Thanks again for the reponse and adivce!

Brussel

Hi
Glad you got the message, bot sure why you couldn't respond as I have checked my settings and have received PMs before.

If it were me I would get the PDL's paid off and then immediately make an affordability complaint. If as I think they might say is , well you paid them off on time so it must have been affordable , explain you had to juggle other bills because you did not want a default- even tell them (if true) you had borrowed off a relative in order to do it. I would never suggest telling a lie !

In my experience you need to a) recognise there is a problem, maybe not to the same extent as before but still a problem. Let me ask, if you could get the money would the problem still be there?
Secondly you need to take it on the chin and realise you will never win back that money and think what is done is done. Today is the day I will stop. I make that sound easy but its not.

Finally, should you slip- forgive yourself - we are all human after all with weaknesses and strengths

Just because you called gamcare once doesn't mean you can't again.

If I can be of any help just shout.

[Brusselsprout]

Hi
Glad you got the message, bot sure why you couldn't respond as I have checked my settings and have received PMs before.

If it were me I would get the PDL's paid off and then immediately make an affordability complaint. If as I think they might say is , well you paid them off on time so it must have been affordable , explain you had to juggle other bills because you did not want a default- even tell them (if true) you had borrowed off a relative in order to do it. I would never suggest telling a lie !

In my experience you need to a) recognise there is a problem, maybe not to the same extent as before but still a problem. Let me ask, if you could get the money would the problem still be there?
Secondly you need to take it on the chin and realise you will never win back that money and think what is done is done. Today is the day I will stop. I make that sound easy but its not.

Finally, should you slip- forgive yourself - we are all human after all with weaknesses and strengths

Just because you called gamcare once doesn't mean you can't again.

If I can be of any help just shout.

Thanks Warwick, I think it may be me not working out how to respond to a pm! :P

i will get these ones paid off then do as suggested

Would i still have a problem if i could get the money? undoubtedly yes I am afraid to say...

I have lots of things to work on,and some deep introspection needed i reckon The hardest thing is admitting that I'll never win back the money!

Thanks again for your help

Brussel

[Brusselsprout]

Re: Let the fun commence - 6 year journey starts here!

DEBT #2

• Type of account: Barclaycard
• Date commenced: February 2008
• Approx balance: £6,900
• Date last paid: last Full payment made via DMP in January 2017. Reduced payment in February. Missed payment in March.
• Are you on arrangement or not paying: Currently not paying
• Status Account: Defaulted June 2017.(Barclay card didn't default before selling onto Link!
• Account owner : Link Financial
• CCA received: Yes, a reconstituted agreement, but with no prescribed terms or signed agreement.

CCA request made early March 2017. Letter received from Link saying 'will revert back to OC to get this info'. Nothing received yet.

25th April 2017: Still no response regarding CCA request.
12th May 2017: CCA receievd. Looks like it is missing prescribed terms, but will upload it in the next few days to get it checked.
19th May 2017: CCA scanned to the team
19th May 2017: Super speedy response from Niddy who states that there is no signed agreement so for now
27th May 2017: Arrears letter/notice received from LINK. Used £1 postal CCA request payment as payment towards debt!
24th June 2017: Default notice received from Link for arrears
28th September 2017: Demand to pay the arrears letter received. I have 7 days
22nd October 2017: Statement of account letter received.

2018

14th February 2018: Text msgs from Link asking me to contact them, If i do not they will take further action.
28th April 2018: Statement of arrears letter sent with arrears notice.
24th May 2018: Letter received from Link saying that " even though we are entitled to the full balance we are giving you the opportunity to pay by monthly instalments" The letter then has a direct debit box at the bottom!
25th June 2018: Letter from Link saying " we haven't wrote to you in a while as we needed to validate your address, and what are your intentions regarding payment of this debt". Weird that they needed to validate my address! Ignored
10th August 2018: LET US HELP YOU GET BACK ON TRACK letter received from Link. Also states that the debt was previously owned by Asset Link (no5) and is now being serviced by Link Financial!
5th September 2018: Letter from Link saying "we have tried to contact you and we are sure you intend to pay back this debt, please contact us'
12th October 2018: Arrears letter sent from Link

Hi guys

Hope we are all doing well...

I received 2 letters in the post from Barclays saying that I am owed money and to contact them. They say there service fell short when i was in arrears and will refund me interest and default charges etc... all sounds good...

But...is this a ploy? Would this affect my battle with Link if i decide to call them up and enquire? Link now own the account so can i call Barclaycard about this?? Could be a fair few quid as i struggled big time with them! Is this genuine?

Thanks
Brussel

EDIT: on reading the letter again! I have noticed that Barclaycard have asked Link to reduce my balance instead of refunding me direct! can they do this? Well, they have so I assume they can!! Barclaycard don't own the account anymore so shouldn't they send the monies to me? Note to self: always read the whole letter!! :P

[nightwatch]

Hiya, there are quite a few people getting these letters, OK it has been paid to the new owners of the debt but, that may cause a major headache for them if they try to say that you paid any monies into the account, If/When it becomes SB

also could call into question the Default, but don't know for sure on that part,

keep the letter safe xx

[Roger]

Hiya, there are quite a few people getting these letters, OK it has been paid to the new owners of the debt but, that may cause a major headache for them if they try to say that you paid any monies into the account, If/When it becomes SB

also could call into question the Default, but don't know for sure on that part,

keep the letter safe xx

Your letter cited ".. They say there service fell short when i was in arrears and will refund me interest and default charges etc... "
I am not a lawyer but as Nightwatch says I would file that letter away very carefully!!

I would not engage with correspondence with Link and be sure to Post any letters etc that you receive from Link.

[Brusselsprout]

Your letter cited ".. They say there service fell short when i was in arrears and will refund me interest and default charges etc... "
I am not a lawyer but as Nightwatch says I would file that letter away very carefully!!

I would not engage with correspondence with Link and be sure to Post any letters etc that you receive from Link.

Thanks for the feedback nightwatch and Roger...

I will keep the letter yes, I just find it cheeky that Barclaycard - who have sold my debt - can contact Link and tell them to reduce the balance!! I guess they save money that way, but doesn't seem right to me!

Thanks
Brussel