Barclaycard sold on debt to IDR/Link - worried!!

[donnaam]

Around 7 months ago I wrote to all my creditors to say I was struggling to maintain payments.

 

While I am working full time my wage was badly affected by the downturn

and I was using credit to live as my whole income was going onto priority debts.

 

I was diagnosed with a mental health condition in 2009 and the stress was making me so ill I had to do something.

 

I prepared an I&E form and wrote to each of my creditors offering this amount and this was excepted.

 

I was surprised to get a reply from barclaycard requesting only 5.45 per month

which was much less than the £30 approx I offered them.

 

I have never missed a payment on any of these plans which range from £5 to £28

and these were set up before I stopped paying my contractual amount

so there was never a missed month.

 

The biggest debt is Barclaycard with a balance outstanding of around £12k.

 

BC are aware of my medical condition as doctors proof was provided,

I thought it was practice to deal with these debts themselves.

 

I received a letter from BC on the 17th November saying they had assigned the debt to IDR

and in the same envelope a letter from IDR saying I should forward all future payments to them

and my payment plan would be honored for 6 months.

 

As I had paid BC on the 7 th Nov by standing order I changed the next payment due on the 7th Dec to Link.

 

However,

I have received a letter yesterday from them saying I have missed a payment on the 16th Nov

and so the whole amount will be due!!!

I didnt even know it had been assigned to someone else on this date!!!

 

I emailed Link and explained and received an email back saying they admit there was limited time

between the assignment and the first payment so the 7th Dec will be accepted

and my account will be reviewed in 6 mths.

 

I told them the stress of this letter demanding the full amount was making me physically ill

and they told me they have no information whatsoever that I have a diagnosed mental health problem

despite BC having doctors proof of this.

 

After looking online I found out that the CSA code of practice states that 3rd parties should be informed

if a debtor has mental health problems and this info should be passed on if another company has been instructed to collect.

 

I cant believe BC have sold this on so quickly when I have paid every arranged payment on time.

 

They have another one that was originally with egg but no mention of that one being sold

and that's a much older account with a much smaller balance.

 

Do you think they have sold it as I owe such a large amount?

 

I am a homeowner but on an interest only basis and with the drop in house prices I still believe I am in negative equity.

 

I do not think there is much point in CCA as the account was only opened in 2008

so I expect the agreement to be available quite easily.

 

I am terrified what this lot will do in 6 months time judging by the wording in this first letter.

I haven't ate or slept since I received this letter on Thursday and I fell like I am not coping very well.

 

I am grateful for any advice

[dx100uk]

i'd get an sar off the BC ASAP

 

for a debt that large its rare they have sold it

 

there must be a very good reason

 

have you any PENALTY charge or PPI to reclaim.

 

dx

[donnaam]

no penalty charges as I have never missed a payment since the account was opened and no ppi either. What will a SAR show? I know it is a history of the account but what would I be looking for?

[Bazooka Boo]

Start a formal complaint with BC and state that you were in an agreement, which you BOTH agreed, and they have now defaulted on said agreement, how do they propose to rectify their position?

 

IGNORE anyone else, until BC have responded and have dealt with your complaint.

Are you on about 'innovative debt recovery' or 'international debt recovery?'

[dx100uk]

ok if you got the statements then no need.

 

very strange.

 

unless they have known about you condition for a longtime and think they cant enforce it in court.

 

i'll let other comment.

 

but safe to say

stay off the phone to Plink that's for sure!!

 

dx

[donnaam]

I am not sure what either of those are Boo.

 

dx100uk I was diagnosed in 2009 but maintained my account and only informed barclaycard this year. While the debt has not caused my condition the worry of trying to rob peter to pay paul certainly wasn't helping it. It was through advice on here that I made these arrangements and having been paying by S/O since.

[donnaam]

Who should I send the complaint to, BC main address?

[donnaam]

I don't have any statements for this account as they were online and I can't access it now but I know there are no charges or PPI. Would a SAR show anything else?

[dx100uk]

will show the account/comms log.

 

 

detailing all communications in/out between you and BC

 

 

just cant see why they farm this out

 

 

esp to Plink.

 

 

whom are known as the biggest bottom feeders

and quite frankly are rather nasty too

 

 

they threaten everything

but if you stand up to them.

 

 

they'll back down.

 

 

just puzzles me why BC have sold it.

 

 

dx

[donnaam]

will show the account/comms log.

 

 

detailing all communications in/out between you and BC

 

 

just cant see why they farm this out

 

 

esp to Plink.

 

 

whom are known as the biggest bottom feeders

and quite frankly are rather nasty too

 

 

they threaten everything

but if you stand up to them.

 

 

they'll back down.

 

 

just puzzles me why BC have sold it.

 

 

dx

 

Thanks for such quick replies.

 

I though it was strange to happen so quickly but I don't know enough about this to even guess why.

 

I know I supposedly have the 6 months on this plan from link but after the letter

 

I dont trust a word they say although the assignment letters do state it will continue for 6 months

and as I pay standing order I can prove I have never missed a payment.

 

I am so worried as I don't see this lot accepting reduced payments after this time is up and I have no idea how to deal with that.

 

My house is all I have left and I'm terrified I will loose that too

[stu007]

Hi donnaam

 

I understand you see this as a difficult situation that you are in but you have came to the right place to get great advice to help you from our caggers to sort you issue.

 

Now the Subject Access Request (SAR) you came get from CAGs Library )look at the brown bar just under CAGs Logo top left of the page) and click Library then go into the Data Protection Area and the SAR is there for you to complete and send to BC.

 

I would also do as Bazooka Boo has suggested in Post#4 and also send a formal complaint to BC Head Office of the agreement in place and that they acknowledge your medical condition but failed to pass this information onto link.

 

Others caggers will be along to help and give you advice but the weekends tends to be quiet so please be patient.

[dx100uk]

theres a very very long trip before you even need to worry about that.

vulnerability status also comes into play here too i'm sure.

 

I think it might be a good idea to p'haps gather every piece of info you can about this cebt.

 

an sar is oly £10 it might throw some light

 

dx

[donnaam]

Thanks Ill get onto this today. Is it ok to put the SAR request letter into the same envelope as the complaint letter and is there a particular dept I should send these too?

 

I suppose one good thing about my condition is that I will not bury my head as if something is worrying me I become obsessive about it!!!

 

I really appreciate all your help.

[donnaam]

I have found my letter from BC offering these payments with the first payment due only in May this year and the payments have always been made on time. It clearly states in writing that only if I do not make payments as agreed then would this account be defaulted.

 

I have also found in the lending code that due to my medical condition this account should not have been sold on and if it has to be then the new company should have been informed of my condition and been selected for their ability to deal with vulnerable people.

 

 

My threatening demand for full payment first correspondence from link kinda goes against this I think although link have emailed to say they were not informed about my medical condition by BC.

 

Can I also complain about this in my letter to them?

[Bazooka Boo]

Yes throw it all back at them, and impress upon them, that you WILL NOT correspond with any of their chosen third parties they feel the need to pass this onto, they are to take responsibility of this agreement back themselves.

[donnaam]

Can they just take it back ? What if link says no as they legally own it now

[Bazooka Boo]

Your not seeking the permission of Link,

your telling BC that they need to take responsibility for their actions, and that your

not going to be paying any third party until they (BC) have rectified your dispute.

[slick132]

Hi Donnaam,

 

As others have said already, you should not let this situation worry you. I know it's easy for us to say this and your personal health issues will make you worry and lose sleep.

 

If you want, I can draft a letter that you can send to BC and copy to IDR/Link.

 

Let me know and it'll be done for you.

 

[donnaam]

That would be great Slick132, I have no idea where to start as these people scare the life out of me. I can't believe how supportive this forum is and how no-one judges your situation. You are all worth your weight in gold x

[slick132]

Hi Donnaam,

 

Here's a suggestion for you to send to BC although please wait a day or so to see what others think as they may have useful observations.

 

Barclaycard

Customer Relationship Unit

PO Box 5402

Northampton

NN4 1ZR

 

Dear sir or madam,

 

FORMAL COMPLAINT

BC a/c no: xxxx xxxx xxxx xxxx

 

Earlier this year I approached all creditors asking them to accept reduced payments as my income was limited and I was experiencing severe stress and suffering from a mental health condition.

 

A monthly payment of £5.45 was agreed with Barclaycard and I made these payments without fail. I provided BC with medical evidence of my mental health condition.

 

On 17th November, I received letters from BC and IDR/Link saying the account had been assigned to Link and all future payments should be sent to Link. I duly amended the payment instruction to ensure Link were paid on time, having been assured by BC that Link would honour the payment arrangement for 6 months.

 

However, on 7th December, Link wrote to me saying I had missed a payment due on 16th November (before I even knew of the assignment) so the full balance was now payable.

 

I contacted Link and now understand that BC failed to make them aware of my mental health condition, contrary to the clear requirements of The Lending Code. In particular, Sections 249 and 250 of the Code have been breached by BC.

 

The actions of BC and Link have caused me enormous stress and I have been unable to eat or sleep.

 

I now require that you review this matter and inform me, within 14 days, of your considered proposals to remedy this situation, failing which, formal complaints will be made to The FOS and such other bodies as I see fit.

 

I trust this serious matter will be dealt with by suitably senior staff.

 

Yours faithfully,

 

 

[Desperate Daniella]

Hi donnaam,

 

I know exactly how sick and frightened you are feeling as I felt the same way when I found CAG five years ago.

 

You are getting good advice here to deal with Link and Barclaycard so try to be strong. It sounds like a complete try on from Link.

 

Big hug,

 

DDx

[donnaam]

Just after some further advice.

 

I sent the letter of complaint to barclaycard as advised on the 6th December but with no reponse.

 

I have had a look at their complaints procedure and it states you will be notified straight away of acknowledgement of your complaint

and assigned a member of staff.

 

I have had no response whatsoever from them.

 

What should my next move be?

 

Thanks in advance,

 

I hope you have all had a wonderful Christmas.

[dx100uk]

did you send the sar off too?

 

dx

[donnaam]

Yes but separate on the 14th December (had to wait until I was paid)

[dx100uk]

await the sar too.

 

dx