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

[donnaam]

Update,

 

got a response to my complaint from the executive office today.

 

They said they are within their rights to sell it on and the reason it has taken so long to reply

was that my original complaint was sent to IDR finance who never bothered to reply!!!

 

My complaint was nothing to do with them.

 

They have stated in the letter that they have not defaulted the account

but simply sold it on to a third party.

 

The did include a cheque for £125 for my inconvenience!!!

[Bazooka Boo]

That response makes absolutely no sense to me?

 

So they feel that they are able to sell an account that isn't defaulted??

[dx100uk]

please scan up the letter

 

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice DD-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[donnaam]

When reading this again it says they have not registered a default against me maybe this doesn't mean it hasn't defaulted but would they not have to send me notice of this if it had. The only time default has ever been mentioned was when the payment plan was set up the letter said if I did not keep to the agreed payments a default may be registered but nothing else until the letter saying it had been sold. It seems very strange

[donnaam]

Ive tried again

[dx100uk]

yea that's great

 

dx

[donnaam]

should I write back to them or accept this as their final response and have to deal with link?

[donnaam]

I should also add that I actually offered barclay card 32.00 per month and it was them that set it at 5.45 after I sent my income/outgoing details.

[dx100uk]

i'd await slick to pop in.

 

I dont like the idea of paying link anything meself.

 

has that sar landed yet?

 

dx

[slick132]

Just talking the dog out for a walk (SWIM) and will review thread from the start later, before commenting.

 

[donnaam]

Just talking the dog out for a walk (SWIM) and will review thread from the start later, before commenting.

 

Thank you so much

[slick132]

Hi Donnaam,

 

Their reply refers to s.249 of The Lending Code. To enable us to consider if their interpretation is correct re s.249, it would help if we knew what your Dr's letter said about your condition.

 

The have surely failed in the duty imposed by s.250, to pass on details of your condition to IDR/Link. BC say they would not do this without your permission, but they never sought this from you. Perhaps this is partly why they've paid you the compensation.

 

Come back about the Dr's letter if you're ok doing that.

 

[donnaam]

The doctors letter refers to ongoing anxiety since 2009 that is still being treated as both medication and therapy has not been successful so far. It was on the doctors advice that I contact creditors as he said without trying to move things that cause further anxieties I have a much reduced chance of recovery and my current situation was making my condition worse.

[slick132]

Hi Donnaam and thanks for the further info.

 

If BC were aware that you were on meds for anxiety and treatment was ongoing, I think you can argue that s.249 and s.250 of The Lending Code were highly relevant to your case.

 

Accordingly, BC should have given proper consideration to your a/c, they should NOT have sold it and, if they did, they should certainly have passed relevant info about your condition onto the new debt owner.

 

How would you like to move this on ................

 

[donnaam]

Hi Donnaam and thanks for the further info.

 

If BC were aware that you were on meds for anxiety and treatment was ongoing, I think you can argue that s.249 and s.250 of The Lending Code were highly relevant to your case

 

Accordingly, BC should have given proper consideration to your a/c, they should NOT have sold it and, if they did, they should certainly have passed relevant info about your condition onto the new debt owner.

 

How would you like to move this on ................

 

 

I have no idea what to do now as they have said this is their final response. I don't know what I can do

[slick132]

There are a few options :-

 

1. Don't waste your time arguing with them. Be happy with the compensation they paid and continue to service the debt at the agreed rate, if you can still afford it.

 

2. Complain to The FOS that BC should never have sold the a/c and, even if they did so, they should have told the DCA about your problems. The FOS are very likely to say the compensation you received was reasonable and they're unlikely to do much to help you.

 

3. Pursue the complaint with BC arguing that s.249 does apply and the debt should be recalled by BC from the DCA. You can also suggest that they should consider writing off the debt in accordance with The Lending Code s.249 and that they had a duty to treat you fairly under the COBs Regs.

 

[donnaam]

There are a few options :-

 

1. Don't waste your time arguing with them. Be happy with the compensation they paid and continue to service the debt at the agreed rate, if you can still afford it.

 

2. Complain to The FOS that BC should never have sold the a/c and, even if they did so, they should have told the DCA about your problems. The FOS are very likely to say the compensation you received was reasonable and they're unlikely to do much to help you.

 

3. Pursue the complaint with BC arguing that s.249 does apply and the debt should be recalled by BC from the DCA. You can also suggest that they should consider writing off the debt in accordance with The Lending Code s.249 and that they had a duty to treat you fairly under the COBs Regs.

 

 

The compensation was for ignoring my complaint for over 8 weeks. I also really confused that they have said they have not registered a default against me and I have never received a default notice. Infact they said if only if I missed the reduced payments would they consider default.

I think I will right to them again as I think these have befn breached. I am paying link each month but they have only agreed to continue this payment plan for 6 months when it will be reviewed by them , I am scared that they will refuse it after this.

[slick132]

It should not matter whether BC or Link?IDR handle the a/c - when the 6 months is up, a review should be made of your I&E and you would offer to pay the amount affordable from that.

 

I think a further approach to BC is the best option. Complain that they have NOT complied with the requirements of s.249 and/or s.250 of The Lending Code. Accordingly, you ask that they recall the a/c from Link/IDR and give serious consideration to writing off the debt, given your ongoing illness and inability to pay.

 

Also say you know that the last letter was said to be their final response but you feel they have not addressed your concerns properly. And if they fail to answer fully, you will make a formal complaint to The FOS about BC's failure to comply with the obligations imposed by The Lending Code.

 

[donnaam]

It should not matter whether BC or Link?IDR handle the a/c - when the 6 months is up, a review should be made of your I&E and you would offer to pay the amount affordable from that.

 

I think a further approach to BC is the best option. Complain that they have NOT complied with the requirements of s.249 and/or s.250 of The Lending Code. Accordingly, you ask that they recall the a/c from Link/IDR and give serious consideration to writing off the debt, given your ongoing illness and inability to pay.

 

Also say you know that the last letter was said to be their final response but you feel they have not addressed your concerns properly. And if they fail to answer fully, you will make a formal complaint to The FOS about BC's failure to comply with the obligations imposed by The Lending Code.

 

 

Thank you so much, I will draft a letter tonight and let you know how I get on x

[donnaam]

Hi

Quick update.

I sent a letter saying what you advised and I have received a letter back today saying:

 

We accept your health issues should have been considered in more detail,

because of this we are also reviewing our debt sale procedures.

 

Your account is being recalled from IDR/LINK and it will not be sold to a third party in the future.

I have referred your case to the manager of the collections department for further review.

Please continue to pay us the agreed amount as before

 

Does this mean the will just continue to accept the reduced amount without further action??

 

I cant thank you enough for your help with this and I will keep you updated to how things go

[slick132]

Hi Donnaam,

 

I'm delighted they have reviewed this properly for you.

 

I have referred your case to the manager of the collections department for further review.

Please continue to pay us the agreed amount as before

 

Their letter is ambiguous and I would write to them again saying:-

 

Thank you for your letter and I am pleased that you are now reviewing procedures.

 

I will continue to pay the agreed amounts as requested but I trust your Collections Dep't Manager will give very serious consideration to this debt being written off. This has caused me too much stress already.

 

I look forward to your reply once my case has been reviewed by the Collections Dep't.

 

[donnaam]

Hi Donnaam,

 

I'm delighted they have reviewed this properly for you.

 

 

 

Their letter is ambiguous and I would write to them again saying:-

 

Thank you for your letter and I am pleased that you are now reviewing procedures.

 

I will continue to pay the agreed amounts as requested but I trust your Collections Dep't Manager will give very serious consideration to this debt being written off. This has caused me too much stress already.

 

I look forward to your reply once my case has been reviewed by the Collections Dep't.

 

 

Things are getting even more confusing.

 

I have received another letter today saying they have noticed there was ppi on another old egg account they have.

 

They wanted to confirm they still have this account and they have reviewed my ppi complaint

and although FOS did not uphold my complaint with egg

they have decided to uphold it and an offer will be made when they recieve a signed acceptance.

 

Why would they do this if FOS rejected it?

 

Are they just trying to get money off this other account?

 

Can they just keep this ?

[BRIGADIER2JCS]

I would expect that FOS did not have enough data or information was with held.

 

 

The PPI refund comes back you.

[donnaam]

I would expect that FOS did not have enough data or information was with held.

 

 

The PPI refund comes back you.

 

Even if this account is in arrears and I have a payment plan? I wasn't sure as the ppi was taken by egg when they still had the card. My original complaint went to egg and then FOS but FOS had it for 2 years and it had been taken over by barclaycard in that time.

[dx100uk]

thread title says its sold to link

 

so any refund goes to you

 

dx