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  1. Hi.. .have received a reply from Barclaycard, they have sent a copy of Barclaycard conditions Leaflet, NO signature in fact NOTHING. their letter states sorry for delay, and goes on "The information we must provide to you under the terms of Section78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notice and Copies of Documents) Regulations 1983. .This completes our obligation to you under section 78 of the CSA 1974. As I see it they have not complied with my original request for a signed copy of the original agreement ,I have also written to them stating they are in default.. ..what do you make of the letter. ..what is the next step please... ...Firstship
  2. dx....10+ years with Stepchange I wanted to clear my debts but over the last few years I have only paid them £5 for each creditor ,they are unhappy that I can no longer pay anything and are taking for ever to approach creditors so I will do it myself.Will raise a new CCA request, so if I do not pay them what action can they take FS
  3. Hi, I have a debt which was with Barclaycard originally back in the 90's, roughly £7k. I got into trouble a few years ago when I was ripped off by an investment company who put me out of business and stole several thousand pounds from me. I was advised to use Step Change in 2016 to sort out 4 debts in total. I was not aware that this system would only last for 1 year ( paying a nominal sum per month to each debt) and that afterwards I would be back to square one. After it ended I was abroad working for a few months and was not receiving my mail. Now I seem to have Link Financial chasing this debt ( who I have heard are very aggressive) I wrote to them at xmas last year when letters caught up with me at last and asked them to provide proof that they can chase the debt. Our correspondence crossed in the post and they had already sent a court claim against me in January, which I acknowledged with the online money claim system. ( I have not put in a defence yet as I was awaiting the response from Link.) Now Link have sent the 'proof' which consists of; copies of payments made via step change, letter from barclays stating account moving to Link, general terms and conditions for the card debt, but no copy of the original signed document for the card. What are my options? Should I specifically request the signed document or do they have enough to take me to court? They are trying to force me "sign the admission" via the court summons "supported by an offer to pay monthly instalments'. Link have already stitched on nearly £1000 for their court fees and other bits. I am not currently in a position to pay anything except a bare minimum as I only have a very small part time wage and some money I have saved whilst abroad to live on. Thanks in advance for your help.
  4. I took out 3 loans 96-99. I never repaid as I didn’t earn enough. I didn’t defer for the years 12-17. I got a letter to defer in 2017, when I did it, they said it was too late and it has been passed to link. I have been hounded for nearly two years. I am not in a position to pay it back. now they have said I have to reply within seven days or else. What can I do? If anything?
  5. Please can someone help. I have Link Financial writing to me about my deceased father owing them money. They have been sent death certs already but have now addressed a statement to him at 'my house.' The letter talks to him - saying 'behind on payments. They are lunatics. They have had (and acknowledged x2 death certs). I have written to them saying I believe that debt is statute barred and that my father has died. They waited months with no communication and now this. Shall I just return to sender?
  6. I have just received a letter from turnbull solicitors (working for HFO!). They state they have now obtained a charging order on my property. They took me to court early last year and I sent a defence to the courts but could not take it any further because Turnbull refused to give me any information requested. The proceedings went ahead regardless then I had notice that they were applying for a charging order. I immediately applied to set the judgement aside and after 2 months had the court papers returned informing me that the case had been moved to another court. I immediately forwarded the papers to the new court and heard nothing more (this was in November of last year). in the post today a letter arrived informing me that a charging order had been granted in court! Help - what can I do? I have continually requested all the usual information from turnbull and HFO and have only ever been sent coloured photocopies of deed of assignment from Barclays and a photocopy of my application for a credit card but not a lot else! What do I do next????
  7. Hi I started a Ppi claim with Lloyds a few weeks ago there were 9 old loan account from 1992 to 2000 with Ppi. I should have my response in Aug. But this week I have received 2 letters in the same envelope to old address even though Lloyds have new my address due to claim. One is from Lloyds saying they have sold my debt to asset link the other from asset link. I know there's a Lloyds charge on my old house from 2006 (ex wife and kids live there but my sole mortgage) as its on land registry. Any one know why I've been sent letter? I assumed they would offset against any debt anyway. Any advice on what to do I will upload letter off asset link. PDF Photos 16-07-2016.pdf
  8. Hi i wonder if anyone can give me advice. I have received two summons from link financial ref to old defaulted ex barclay credit card debts. Can anyone give me any advice as to how to go about and what to do please? Any advice will be highly appreciated.
  9. Hello all - my first post, and Id really appreciate a little advice. I had a letter from Link offering 50% off my 3 accounts with them as partial settlement. The accounts would then be closed with no further monies owed. The debts are over 6 years old so not on file. I have been in discussion with them about closing the accounts for a while. Im not working due to health issues, and payments have been frozen for about 2 months. My partner has offered to pay from her savings. I offered 65% but they came back with the 50%. Its not a huge difference but its still alot to us. It would be so good to get rid them off my back, but now Im wondering if I should just hold fire and stick to my original offer. Any thoughts much appreciated.
  10. Hi I would be grateful for a little bit of help, or confirmation that I'm on the right tracks for putting my case forward to DLA for mandatory reconsideration please. It involves the past presence test, genuine sufficient link test etc. Basically I really could do with someone showing me where to find the relevant decision makers guidance and confirming whether what I'm going to write is correct. I have found some DMG but I don't know if its up to date, so Ill need to ensure I link the correct DMG paragraphs etc to support my claim. Basically we do not meet the past presence test as only returned to uk in nov after living in Australia for 18 months....but I believe we meet the other three criteria involving eu regs, hab residence, self employment etc, genuine sufficient link to uk....meaning, I think, that this means past presence need not apply to us. We are British born, lived in uk al our life barr 18 months, have worked in uk most of our adult life, live here now, wife self employed , both have nics paid, kids go to school here/college etc. http://www.legislation.gov.uk/uksi/1991/2890/regulation/2A I need help how to link and word this please. Thank you
  11. I am looking for some advice regarding removal of Arrangement to Pay markers and a default from my credit report. I have an outstanding balance of £3486.90 with Link Financial who took on the account from Barclaycard in February 2015. Barclaycard applied markers to my credit report from April 11 to February 15 when they marked the account as settled, following an SAR it doesn't appear the account was ever formally defaulted. I was on a DMP until recently when I sent a section 78 request to Link and stopped paying. They did not comply with the request and subsequently issued a default notice. There is a note within the documents received following the SAR request that would indicate that the debt is unenforceable. I am looking to obtain a mortgage in the summer and these two accounts will prevent me from doing so. Should Barclays have defaulted me when I missed 3 month payments? Can Link default me as they aren't the original creditor? Should the debt be removed from my credit file as it's over 6 years old since I breached the original T & C's? How do I go about remedying this? Thanks.
  12. Hi all There is a CAG wiki link https://www.consumeractiongroup.co.uk/forum/showthread.php?296108-Hot-news-for-anyone-who-has-suffered-mortgage-arrears-charges-irresponsible-lending-or-other-unfair-lender-conduct Has this been updated since 2011 please Thanks
  13. Name of the Claimant- Asset Link Capital (no5) Date of issue –05 Oct 2017 What is the claim for – . Particulars of Claim: 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced .....and opened effective from 22/11/1999. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 2'The Defendant failed to make payment as required and by 26/03/2015 a default was recorded. 3.As at 30/09/2016 the Defendant owed Barclaycard plc the sum of £5288.34. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. 4.And the Claimant claims- 1. £5388.34 2. Interest pursuant to Section 69 county court Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 04/10/2017 of £409.55 And thereafter at a daily rate of £1.12 to date of judgment or sooner payment. Date 04/10/2017 What is the value of the claim? £6207,89 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 6th November 1999 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim- Asset Link Capital (no5) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I still have it Did you receive a Default Notice from the original creditor? Yes I still have it Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? I broke my ankle on or around the 18th March 2014 and was made redundant about two weeks later. I had a part time job then and was struggling financially. I now work in the gig economy being paid a fee for each job completed and things are even worse. What was the date of your last payment? 4th December 2014 £53.00 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes they reduced the interest and allowed minimum payment I then received various letters and statement of account from Link demanding payment. They also telephoned and I explained I had no means of paying them. On the 14th August, 2017 I received a letter from Link giving me 14 days notice that the account would be passed to Kearns Solicitors (which I have found is owned by Link). I thought it was time to do something about it. I then wrote to Link on the 18th August 2017 using the template on this forum offering them £2200 as full and final payment. I said my mother would lend me the money. I also explained my employment status and income . They did not reply or acknowledge the letter. On the 1st of September I received a Letter Before Action from Kearns demanding £5288.34 within 14 days. I wrote back to them on the 6th September enclosing the Link letter and my reply. I sent it signed for. It shows they received the letter on the 7th September on the Post Office track and trace. A few days or weeks later a Miss called from Kearns and I explained to her about my written offer and my letters. She then called me back saying Link had put in a counter offer of around £4300 and that I had so many days to accept it. I explained that £2200 was all I could offer. I asked her to reply to my letters and give the counter offer in writing. She declined . I had meant to write to them again but I received the Claim form on Monday 9th of October 2017. I have now drafted a letter to Link (using the template on the forum) asking for a copy of the original credit agreement and I intend to defend the case. I intend to send the letter to Link and the Defence and Counterclaim on Monday Can I put in a counter claim for the distress they have caused by not replying to my letters and for saying I owed Barclaycard £5288.34 and £409.55 interest on the particulars of Claim? If so how much? Barclaycard (but the original account was with Egg a division of Prudential Banking Plc. I have a card issued in 12/05 still in my possession number ...... I have another card with the same number which expired in 11/11. I have a copy of the original Egg Card Agreement dated 6th November 1999 but it does not have a number and I have not signed my copy. I think they sent me the card regardless. I think it was transferred to Barclaycard in May 2011 when Egg sold their business to Barclays. I have a copy of a letter from Egg in response to my complaint about PPI dated 21 July 2011 and it refers to account no ...... I was then issued with a Barclaycard .....in 10/11 Any help would be greatly appreciated.
  14. Hi I am looking for some help in identifying what the correct default date should be on an old debt from Barclaycard. I went into arrears on a Barclaycard account during 2011 and the debt was transferred to IDR/Link Financial Outsourcing in March 2012. There was no default issued to the credit reference agencies by Barclaycard before it closed the account and transferred it to Link, who subsequently registered a default in September 2012. However, having gone through old paperwork whilst preparing a CCA request, I have found a default notice (section 87(1)) from Barclaycard (via Mercers) in December 2011, i.e. before it was closed and transferred to Link. In addition, I also received a default notice from Link in September 2012, just before they registered one with the CRAs. The default is still on my files and is due to drop off this September. I believe the correct default date should be the December 2011 one, as that is when Barclaycard sent me a default notice and 3 months before they closed the account and sold it to IDR/Link. By September 2012 I had also been in arrears for around 1 year, which I think is too long before a default should be registered under ICO guidelines. However, I am not completely sure and have the following questions: 1. Must the creditor register a default when they issue a section 87(1) default notice? 2. Can the debt be sold to a third party DCA without a default being registered? 3. If yes, can the DCA subsequently issue its own default notice and register a default? 4. Related to questions 2 & 3, can I be issued with two section 87(1) default notices (I am aware that it is not allowed to register a default twice but not sure if this is the same thing). The debt is not settled. Clearly, if I get the default changed to the earlier (and I believe correct) date then it will drop off my files. Any help gratefully received.
  15. As expected an Recorded Signed for Sar was sent to them at the beginning of January, they well outside of their 40days to supply, all that occured within that 40 days is they made a call to the alleged debtor asking that they contact them ( I advised they ignore said calls and to wait for the Sar) No Sar has arrived What next?
  16. Hi CAG Team, Name of Claimant: IDR Finance UK Ltd Claim Date: 07 June 2017 What is the claim for: 1.The claimant claims the whole of the outstanding Balance due and payable under an agreement referenced 412XXXXXXXX and opened effective from 12/12/2007. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 2.The Defendant failed to make payment as required and by 30/11/2011 a default was recorded. 3.As at 29/02/2012 the Defendant owed MBNA Limited the sum of £14,094.67 by an agreement in writing the benefit of debt has been legally assigned to the Claimant effective 29/02/2012 and made regular upon the Claimant serving Notice of Assignment up the Defendant shortly thereafter. 4. And the Claimant claims - 1.£14,194.67 2 .Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per Annum from 29/02/2012 to 06/06/2017 of £5720.54 and thereafter at a daily rat of £2.98 to date of judgment or sooner payment. Date 06/06/2017 What is the value of the claim: £20,806.89 Has the claimant included section 69 interest: Yes Is the claim for: Credit Card When did you enter into agreement: December 2007 Who has issued the claim: Debt purchaser Were you aware the account had been assigned: Yes Have you been receiving statutory notices: Yearly Statement of Account from Link Financial Why did you cease payments: Made redundant at the time, debts spiralled out of control What was the date of your last payment? July/August 2011 Was there a dispute with the original creditor that remains unresolved: Yes, charges and PPI Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan: Yes, cancelled card immediately and started the process to sell my debt. What I need to do: Requested CCA from Link in 2012, no response but credited fee to my account. Request CPR 31.14 from Kearns. Respond to claim online mark "I intend to defend all of this claim" Unfortunately I find myself calling on your services once again. A couple of years ago I had a fight and lost against MKDP LLP -BC. It was far from the end of the world and without going into detail has all but gone away now. I have today received a claim out of the blue from Kearns acting for Link on an old MBNA Credit Card that was fast approaching SB (8 months) Like most posts regarding Link I received a statement of account once a year which I chose to ignore. In the early days they used aggressive telephone tactics but that didn't phase me and it soon became this yearly statement and nothing more, until today. As always your assistance with defending this claim would be much appreciated. OMH Kearns MBNA Claim.pdf
  17. Hi everyone I hope I've posted this in the correct forum as I'm back again just looking for advise and general pointing in the right direction. I've received a letter (PDF attached) and presume at this stage all I can do is send a CCA request to Link? Do I send a SAR to Link and MBNA or just to MBNA as they were the original creditor? Regards Suss Link.pdf
  18. yesterday I had a case dismissed in the County Court brought by IDR via Kearns. A quick run down of the case: Following the sale of a Barclaycard debt to IDR, a letter was received from Link demanding money together with a default placed on my credit record. [removed] I challenged the allegation. This seemed to put them off - or so I thought. A year later I received a hearing letter via the Northampton courts and subsequently submitted a defence. This led to the case being successfully stayed. At this point I submitted a CCA and S78 request to Link via Kearns. Kearns reply was that they did not need to apply the time constraints I had specified. It took them almost six months to provide this information and at the same time they (without notice) successfully applied to have the stay lifted. My first mistake was not applying for the claim to be struck out following the specified time. the claim was then directed to the fast track process due to the debt being in excess of 10k - which as we know has the added risk of costs!!!! In deed a number of letters from Kearns continued to warn me that "costs were escalating"..... I decided to focus all my efforts into compiling what I considered a rock solid defence based upon the fact they had failed to send the correct doc stated. What I did receive was a photocopy of a photocopy of an application form, the "deed" of assignment and some letters allegedly sent from both Barclays and IDR. Eventually, almost 18 months later I had my day in court. Firstly the DJ was extremely accommodating and seemed to have an air of empathy with me (maybe fed up with the likes of Kearns appearing in court (or their advocate) with no defence presented and therefore continually being awarded the case on default! Lesson 2 - ALWAYS SUBMIT A DEFENCE!!! The case was planned for a day but was done and dusted within three hours. It seemed the claimants main argument was based on a moral argument that I had paid some of the debt at some point and the address on the application married with my current address so therefore I owed the money. I made no attempt to deny a barclaycard was at some point held but that the assignment and default process was not followed correctly. I was shown copied of Barclaycard statements for a period of three months highlighting my address and the amount outstanding. The counsel then stated that if they had provided ALL the statements for the life of the account then it would have been several folders worth... the Judge then commented that they should in deed be there. I thought nothing of this statement..... We were told to leave for an hour to allow the DJ to read through the paperwork until judgement. One coffee later we were called in and the DJ went on to say that she accepted the application form and that it seemed the deed of assignment were correct (despite being a pre 2007 agreement). As she went through her findings I felt that I was now facing the judgement of awarding the case to IDR but possibly not the statuary interest. It was at this point that I was then shell shocked went she went on to say - "how could she possibly award an amount specified by Keanrs on behalf of IDR if she could not see how the debt was accrued (by virtue of not seeing ALL statements) and announced case dismissed!!! I was asked what costs I wanted to be considered and in the numbness said nothing and that I was just happy with the verdict. The assigned debt was £13k, but with inflated costs from LINK had risen to £18.5 and was then looking at aprox £6k of legal costs....this was going to cost me in region of £25k my lesson ere is never give up hope, to do not crumble under pressure and present yourself in an amicable manner during court (the DJ remarked on how well I conducted myself and that i was quite right in challenging any alleged debt! Thanks to the likes of these forums I was able to see that there was another outcome than just allowing a default CCJ to be registered. Now on to getting the default lifted!!!
  19. Hello all, I have received a letter from Link Financial with regards to a Barclaycard account. They advise my payment of £1 has not been received. I have checked my bank account, and the payment has definitely gone out, its on a standing order to be paid every month. Should I ignore this letter? I suspect its a ploy to get me to contact them.
  20. Hi, I had a credit card debt with Barclaycard that defaulted. It was then sold onto Link Financial, who I've been paying a £100 a month to for the best part of 2 years. I CCA'd the debt a while ago and they produced some paperwork with my signature and address, etc... Due to a change in circumstances, I stopped the payments 3 months ago and I'm trying to arrange a full and final settlement to clear the debt. They're currently not interested in negotiating, but I know this process can be slow. (Maybe quicker if they're not getting any more out of me each month) As I've stopped the payments, they're now getting heavy with the letters and threatening court action, but before that they're threatening to raise a default against my credit record. I didn't think they were allowed? I already have a default from 2 years ago for this debt from the original creditor, Barclaycard. Link Financial do appear on my credit report (they appeared when Barclays vacated) with a load of green markers for the payments I made, followed by 3 red markers for the months I've recently missed. If I continue to not make monthly payments can they record a fresh default on my account, as I obviously don't want this to happen? (I still have 4 years for my original default to drop off, but I don't want another default registering so my credit report will be poor for another 6 years) What's the situation with this? Can I ignore their threats and keep pushing them for a full and final payment, or is the likelihood of a default and their court action quite high? Thanks
  21. I've been sorting through some old paperwork and have realised I had a Link MBNA debt that I defaulted on in 2008 for £8,000 ! Naturally this has long gone from my credit file, but Link still have my old address. Is there still a danger of a backdoor CCJ after this long? The last payment was made in 2008 so it is certainly statute barred. It's also a pre 2006 agreement. Should I ring Link Finance and give them my current address? or let sleeping dogs lie on this one. I'm about to buy a house and don't want someone knocking on my door with a charging order at some point in the future because I let a perfectly defendable CCJ happen.
  22. 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 :-(:-(:-(
  23. Very good link for free credit report from Martin lewis. Quite recent too not like some of the other free ones http://www.moneysavingexpert.com/creditclub?_ga=2.51313065.101823794.1503503150-982205561.1477396387
  24. Hi, In 2005 I developed long term illness and had to give up working. To cut a long story short I owed my bank (First Trust) approx £300 (I cant remember the exact figure) for a couple of direct debits that came out of my current account at the time. I also had a credit card (again with First Trust) and the balance on that was approx £600. I contacted the local Citizens Advice, got a payment plan set up with a token payment of £1 per month for the current account and credit card. ( I have paid every month ever since) At the time the Bank agreed to charge no interest on either the credit card or current account, although sadly I do not have this in writing anywere. The bank has now sold the debt onto Asset Link Capital and I have had a letter from them asking me to setup a payment plan with them but the £300 current account debt has now grown into a £1100+ debt! Its obvious the bank has been charging interest on this account all along. Interestingly, the credit card debt has not had any interest added to it. Im at a total loss as to what to do about it and would be very grateful for any help. I do not mind paying off genuine debt that Im responsible for but to charge that amount of interest is criminal. PS. After reading through some other cases is it feasible for me to request a CCA for the Credit card debt and I dont think a CCA would help with a current account? Thanks in advance.
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