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barclaycard - paid off March 2012 - sold to Link 2016 - threatened with solicitors 2017 ?


sweenstar
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Good Evening all,

 

I was wondering if someone could help me with an issue I have about a Barclaycard that I opened in 2005.

 

I build up a balance of around £4000 but paid it off in full in March 2012, I have clear evidence of this as I kept most of the statements and you see the balance goes form £4000 to £0000 (although the statements do not say payment received). I also have 22 following months statements with a balance of £0000.

 

I did not use the account after I paid it off (cut up the card) and after receiving nearly 2 years of statements, they suddenly stopped and I thought the account had closed.

 

I also have a noodle credit report from 2014 that mentions nothing of this account (again proving the account was not in default)

 

Any way in October 2016 I received a letter from Barclaycard saying they had closed this account and transferred it to a company called Asset Link capital with a balance of £4200. I though this must be a mistake and ignored it.

 

I have since received letters from Link demanding payment in full and the latest letter has even threatened solicitors (Mercers Kearns ) action within 14 days.

 

I have checked my most recent noodle credit report and this alleged debt does now appear, so Barclaycard must have backdated my credit report reporting it as default from Feb 2012 (please note it does not appear on the 2014 report),

 

I am worried like hell that I am now going to be taken to court for a debt that has been paid off once (2012). How is it now that 5 years later banks/debt collection agencies can be hasting/threatening legal action for a debt they seem to have made up.

 

There must be some kind of criminal actions going on here.

 

Would there be anyone in the CAG community that can help/advise me with a template letter to send, I am not sure where I start and how I explain all of this or indeed who to report it to.

 

Please please please someone help this worried persecuted human being who has very little money and even less knowledge on how best to tackle these criminals

 

:-(:-(:-(:-(:-(:-(

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If you can evidence that you have paid off the original OS balance and have statements after to prove there was zero balance then i suggest firstly that you CCA whomever is currently chasing the alleged debt and also SAR to BC to get all the info they hold on you, including a full set of statements and more importantly, payments made to match your bank account showing the payments you have made to clear it.

Im assuming there would be nobody who was an additional cardholder at the time?

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Hi Sweenstar,

 

Have you checked your credit file to see if this is showing as a debt. If it is, who is the Creditor.

 

If it IS showing, take a screen shot and keep it stored safely. If this turns out to be BC or a DCA at fault, you could be in line for compensation for them causing damage to your reputation by incorrectly posting adverse credit data about you.

 

:-)

We could do with some help from you

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello there,

 

I guess this is linked as this was the second one I was talking about that suddenly appeared, The one that IDR were taking me to court for I settled before it went to court for a third of the original amount.

I thought that was it over.

 

I did SAR them at the time and have all the info that Barclays hold on me.

There is defo no credit agreement.

 

I can't prove I made any payments (nothing on the SAR either)

but the balance had clearly gone from 4000 to 0000 for nearly 2 years before the statements stop.

 

There was no additional card holder at the time

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BC don't neither are they required to, send a copy of the agreement in an sar.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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BC don't neither are they required to, send a copy of the agreement in an sar.

 

I thought with a SAR the bank has to provide you with all the information they hold on you ? (which they did) I even received screenshots of times they had tried to call me / text me.

 

 

The account that I settled did have a online application (as sent in SAR) (totally separate from this matter) but this one that link are now pursuing has nothing,

bearing in mind it was opened in 2005 I am confident of there being no agreement in place.

 

Surely it must be illegal to back date a credit report ?

 

I have evidence in the form of 22 months worth of statements where this account balance is zero after showing a balance of 4 grand,

 

 

so how can this organisation then turn round and say "err sorry we made a mistake and you owe us 4 grand" ?

 

then sell the alleged debt to an organisation even more dishonest,

who then threaten solicitors,

 

 

I fully expect a statement of intent through the door soon pursuing legal action.

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there is legal requirement to send a CCA in any SAR that's all I'm pointing out.

 

 

now, DID you pay this account off?

you certainly did the other one?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello Dx,

 

Yes it must have been paid off that is why the balance has gone from 4k to 0 (March 2012). I received statements until Jan 2014 reflecting this, then nothing until October last year saying the account had been sold to Link.

 

The other one was definitely paid off ( I have letters confirming this from Link and the account marked as satisfied on my credit report)

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urm..

I've not heard of this

but

when OC's sell a debt

they write off the balance against tax/insurance etc and zero the account.

then when the debt buyer gets it

ofcourse the bal is still owed and payable.

 

 

you sure that's not what has happened here?

are these statements from a recent sar? or the last one

what are the closing entries before the balance goes away..

 

 

yes its strange they have sent £0 statements after they put it up for sale

but it could have been some years before it was purchased

do you know links NOA date?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Did you have 2 BCards?

 

Bal £4200. Did you pay all of this back to BC or did you pay a reduced amount and to whom?

 

Your BC statements will show a zero balance once BC sell it on to a dca, by this time BC will have placed a default marker on your credit file.

 

Debt purchaser will then open an account in your credit file with the balance that was still owed to BC and re register the default.

 

Debt purchaser will then chase you for the balance.

 

Debt purchaser will usually issue a claim before 6th anniversary of default.

 

Does this sound like what has happened?

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Hello,

 

Did you have 2 BCards? Yes I believe so, the one I negotiated and paid Link a quarter of the of the balance - marked as satisfied on credit report, this must be the other

 

Bal £4200. Did you pay all of this back to BC or did you pay a reduced amount and to whom? Link had the moneys - confirmed and account closed (2 years ago or so)

Your BC statements will show a zero balance once BC sell it on to a DCAicon, by this time BC will have placed a default marker on your credit file. The balance of the account is shown as £0 from 2012 on wards, the alleged debt was sold in October 2016 ? This is when it has appeared on my credit file - all previous records removed

 

Debt purchaser will then open an account in your credit file with the balance that was still owed to BC and re register the default. Yes this has happened the account has now opened from October 2016 when BC said they sold it to Link - Please note all previous records of this alleged debt have now been removed from my credit file (not even shown in closed accounts section)

Debt purchaser will then chase you for the balance. The balance of the account is £0 from March 2012 on - wards

 

Debt purchaser will usually issue a claim before 6th anniversary of default.

 

Does this sound like what has happened? Yes and No

 

Not sure what to do next , Oh and the account number Link have invented on my credit file does not match the account number on the letters they are sending me demanding dosh, If things wernt complicated enough

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the information you are giving seems to be a bit from one account and a bit from the other, for example, if the acc had a zero balance from mar 2012, why would you be paying Link 2 years or so ago?

 

you will need both sets of statements for both accounts to separate the 2 apart fully

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the information you are giving seems to be a bit from one account and a bit from the other, for example, if the acc had a zero balance from mar 2012, why would you be paying Link 2 years or so ago?

 

you will need both sets of statements for both accounts to separate the 2 apart fully

 

"why would you be paying Link 2 years or so ago?"

Please ignore the account I have paid off that one is done and dusted (they tried to take me to court and I settled out of court back in 2014 that was a different account to this one)

 

"if the acc had a zero balance from mar 2012"

"I build up a balance of around £4000 but paid it off in full in March 2012, I have clear evidence of this as I kept most of the statements and you see the balance goes form £4000 to £0000 (although the statements do not say payment received). I also have 22 following months statements with a balance of £0000. " Seperate account

 

"I did not use the account after I paid it off (cut up the card) and after receiving nearly 2 years of statements, they suddenly stopped and I thought the account had closed."

 

This is the account they are now chasing me for but as explained in the last post I have all the statements from this as I done the SAR back in 2014 and kept the data.

 

If you say they have sent me statement showing a balance of zero pounds once they sell it (confirmed as sold in October 2016) why have I received statements for nearly 2 years showing the balance going from 4k to 0 from March 2012 onwards

 

Then selling the debt in Oct 2016 with a balance of 4 k on and now showing no history on my credit file before Oct 2016 ?

 

Thanks for reading/helping it is appreciated

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id guess it was sold 2012 what is the defaulted date as martin says?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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na cant be surely.

what does the sar comms data say?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Get that CCA fired off asap

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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na cant be surely.

what does the sar comms data say?

 

Hello Dx/Martin

 

Yes my latest credit report shows the only account in default started in October 2016, no closed accounts leading up to that point, no open accounts leading up to that point.

 

I will check the comms data from the SAR that I did in 2014 when I get home. but the statements Barclays hold and that are in the SAR show a balance of 0 pounds from March 2012 on wards (nearly 2 years worth).......

 

I have fired a CCA off to Link, previously sent to Barclays and did not get a response, so I do not expect a response from LINK.

 

Surely 2 years worth of statements of £0 is enough to prove to a judge that the alleged debt no longer exists ?

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Find BC default date

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Find BC default date

 

Should be in the sar from 2014 but BC are notorious for delaying issuing defaults till the accounts become almost SB then sell them in to extend the 6 yr rule to 11 yrs effectively, seen it hundreds of times here and they did the same with me, until i challenged it that is!

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Hello all,

 

Looking through the comms data there is a text hidden amongst all the data that says "date last delinquent" = 20/2/2012

 

Last payment amount = £1.00

 

Last payment date = 10/2/2012

 

Payment due date = 17/2/2014

 

Date last in order = 21/1/2014

 

Date account was last billed = 21/1/2014

 

Account status code = ZZ = debt Manager =28/2/2012

 

Outstanding balance =4200 = 23/1/2014

 

Account status code E5 = CLSD BY COLLCTN = 16/11/2011

 

There is also a description of a return payment fee on the comms saying the account was = eligible , description = A code used to specify whether or not return payment fees operate on the account. Is this PPI ?

 

There is a default letter from mercers debt collection agency dated 15/1/2012,

 

Then 2 years of statements from that date with a balance of £0

 

Confusing

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There you go

Mercers default letter 15/1/2012

So send link a copy of that and give then 14 days to correct your file

Else you'll complain to the ICO and seek compensation

 

Trouble is

Its not statute barred yet till 2/18

And you didn't pay it off they wrote it off but the sale took years.

 

Might be prudent to keep quiet...??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What would link do if I send them a copy of the default letter ?

 

How would they amend my credit file ?

 

Would they back date it as showing the account in default from Jan 2012 ? at the moment the account is showing as being defaulted from Oct 2016

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they must!

 

 

but would that actually help you any...

 

 

what about the debt?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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