MisterK UE Diary

[Still Waving]

As they have raised the scenario of a possible dispute, this is probably a good time to send the SWID to hopefully avoid this being passed to HC.

Is referral to HC the only "may" action in their letter?

[MisterK]

CO-OP (CC)

Start date: pre 2000
Balance: 9K+
Last full payment: February 2017
Status: Not paying
Owner: Link Financial Outsourcing

Key

sent
received
my comment

2017

January s.78 CCA requested
February Photocopy of application form & current T&C rcvd together with the following statement: “I am unable to supply terms & conditions applicable when the account was opened for the above account. This response is not compliant with section 78 of the CCA 1974 because we are unable to supply all the required documentation. As a result we cannot enforce the outstanding sums on this account until such time that we are able to supply the required documentation. Please note that the CCA 1974 still permits us to take pre-enforcement action on accounts with outstanding sums.”
March Payment requests rcvd
April Payment request rcvd
April Card has been cancelled, payment request rcvd
April s.87(1) default notice rcvd
“As you are unable to return to your contractual payments and have requested an extension to your arrangement, it will be necessary to terminate the original agreement and register it as in default with the credit reference agencies. This would have been advised to you when you originally requested a repayment arrangement and again, recently, when you asked to extend it”
I have not requested any repayment arrangement or extension.
May Account terminated
June They will be passing the account on to a debt collection agency.
October Co-op inform me that they have sold the account to Link Financial Outsourcing Limited. Initial letter from Link in the same envelope. Link say that Co-op have assigned to them the benefit of the debt owed and that on the same date Link subsequently assigned the benefit of the debt to Asset Link Capital (No.5) Limited (ALC5). Link remains as the account servicer. The following day they repeated all this for good measure. At some point I shall inform Link that Co-op have admitted the debt to be unenforceable.
November Link would like to organise a time to talk to me about making an affordable arrangement to clear the balance.
December Link would like me to call them without delay so as to discuss available options to settle the debt.

2018

February Link remind me that no conclusion has been reached with me on how the debt will be repaid and are now giving me the opportunity to repay by monthly instalments. Their letter is undated.
April Link send me a statement of account and a notice of sums in arrears. They say that they would like to encourage me to contact them by telephone to discuss the state of my account.
August Link would like me to phone them to confirm my intentions regarding the outstanding balance.

Obviously this one isn't going to be the cause of a lot of anxiety and there doesn't really seem to be any need to do much about it except to continue to ignore. I'm ready to send an SWID should it become necessary as the result of a legal threat but as I haven't made any contact at all either to Co-op or to Link since the CCA was requested last year I'd be interested to hear if anyone would do it differently and send an SWID earlier. It may seem logical to send it now (or sooner) but I don't like to break my silence is golden rule unless there is a good reason.

[Still Waving]

In view of what Co-op said in Feb '17, and the fact that Link are only sending occasional letters, I would continue to do nothing for the time being.

[MisterK]

Thanks SW, my thoughts exactly. Wait until (or if) there is a legal threat in fact.

I think there is a school of thought along the lines of a creditor being able to say "Why didn't you tell us that before if you've known about it for 1/2/3/4 years etc"

But thinking about it - so what if they do say that. I can't see that it would make a scrap of difference for something that is extremely unlikely ever go to court anyway, and probably wouldn't carry any legal implication if it ever did.

Although not being a lawyer I couldn't say for sure obviously. I think this situation is covered by the "silence is golden" rule..

[MisterK]

Hope you're well Di, if you're able to spare a moment to take a quick look at the email I sent you on 23rd, it'd be very much appreciated. Thanks.

[MisterK]

BARCLAYS LOAN

Start date: 2002
Balance: 1700+
Last full payment: August 2016
Status: Not paying
Owner: Lender

Description: This is a “flexible” loan account that allows money to be transferred between the loan account and a linked Barclays current account. The account has a credit limit but there is no card and payments cannot be made to or from anywhere other than the linked current account. Payments can be made in either direction at any time by phoning Barclays and interest is charged on a daily basis according to the amount borrowed. These accounts were discontinued in 2011 and only payments into the account are now allowed.

Key

sent
received
my comment

2016

February s.78 CCA requested
March CCA received. Niddy declared this to be unenforceable.
October Arrears notice received

2017

Statement received every month with added interest
Arrears notice received every two months

2018

Statement received every month with added interest
Arrears notice received every two months

2019

Statement received every month with added interest
Arrears notice received every two months


Barclays have not issued a DN for this and so far have been sending a statement every month, adding interest, and an arrears notice every two months.

Will this ever become SB if they never issue a DN ?

Are they able to make a claim without first sending a default notice ?

So I'm not losing any sleep over this but any comments would be very welcome, thank you.

[Roger]

Does this default appear on your Credit Report? If so what details if any appear against this Debt?
It may be shown as OPEN BUT is killing your Credit monthly without that six year restriction! The six year being from when CLOSED

Barclays do seem to be 'playing' with Default Notices - one reason could be (cynically) getting a better price from Debt Purchaser.
Also better Tax benefit from declared BAD DEBTS!
In other words issuing a Default Notice when the Debt is Assigned! Treating the Debt purchasers as clients and giving them a maximum 6 years!
My own experience is of two DN's being issued the latest being at the moment of Assignment!

[MisterK]

Hi Roger,

Not too bothered about my credit rating. Frankly I never look at it. Last time I looked a few years ago this account wasn't showing on any of them, that's not unusual. So from that point of view the six years isn't a problem.

I'm more interested in it becoming SB eventually simply because being SB generally puts it on a very different level and that might matter for reasons other than needing credit, eg peace of mind, etc. I appreciate that for other people there are different considerations.

I had heard that Barclays have very little respect for convention when issuing DN's and in your case, as you say, they seem to have a very good reason for not issueing a DN until the moment of assignment. Perhaps that will happen to me with this one but no sign of it yet at all.

[MisterK]

Anyone else have any comment on whether or not a DN has to be issued before a creditor is able to make a claim, whether the SB clock can't start until a DN is issued and does the creditor have a free reign to issue a first DN years after the last payment or last contact ? Thanks.

[The Tech Clerk]

claim can be issued but a DN can be requested later in proceedings = once a claim issued the SB stops, if case is lost by claimant the SB continues

[cymruambyth]

I believe that you must be in default of the account for a claim to be issued and therefore if you haven’t received a default notice it would be an argument for an abuse of process.
Di has commented on another thread https://all-about-debt.co.uk/forum/d...-diary/page118

[MisterK]

Thanks for the coimments TC & Cymru. This is UE anyway so not too much to worry about. They'll probably keep sending statements and I'll probably keep staying silent. The more time that passes before they send a DN the better it seems on the whole.