Link Financial & Barclaycard

[KW-01]

Hi

 

I have a friend who has got into a bit of a mess financially due to a relationship breakdown. I am helping with a number of debts but he has one which Link financial are chasing on behalf of Barclaycard.

 

I have sent the standard CCA request letter to which we received a response stating it will take up to 30 days to obtain this information for Barclaycard.

 

I then sent a follow up letter advising that the account was in default as they had not complied within the statutory timescales. i also tried my luck with a request to cease processing personal information as my friend has a high profile job and Link have registered a default against his credit file without offering any proof the debt belongs to him. I stated that this could be professionally damaging to him.

 

The replied advising that they are still awaiting documents from BC and confirmed the debt is unenforceable until they provide the documents requested. They also said it remains collectable and that they will not remove the default (I never asked them to remove it)

 

They did not acknowledge my data protection request only stated they would not remove the default. My letter clearly stated that they were to either comply with my request under the DPA within 21 days or provide a detailed breakdown as to why they were refusing my request and their reasoning for continuing to process data. They have not acknowledged this.

 

So I am hoping someone may be able to advise me what to do now. I have sent a notice of correction to the credit agencies explaining that the account is subject to a CCA request. Is there any way of having this default removed considering Link have not proved the debt?

 

I would also really appreciate any help in relation to the DPA and their failure to acknowledge my request or provide sufficient reason for continuing to process data.

 

Many thanks

 

Kate

[fkofilee]

Hi KW-01

 

Welcome to CAG.

 

First off, wait until they come back with something.

Number 2, they wont cease processing personal info as it doesnt stand at this point. They also wont remove the default. Im afraid itll mean the default will remain until 6 years after the default date.

 

I would ask your friend to register and explain the situation in full so we can give good advice

Keep a log of everything that you have done should they attempt anything sneaky.

[KW-01]

Hi

 

Thanks for the quick reply. I have kept everything as I know from personal experience how sneaky DC's can be. I'm afraid he won't register as he is always pushed for time which is why I agreed to do it for him. This is a great forum and I hope to learn a lot from the members.

[dx100uk]

the default would have been entered by BC before the sale.

 

not a lot he can do about it sadly

 

as for dispute

section 10 etc

its pretty much immaterial now-a days.

 

and yes link are correct

they can still ask for payment

and he can still tell them to go away.

 

FWIW unless or until link or any of his others creditors produce enforceable paperwork

it best to simply go quiet

rather than enter into silly letter tennis.

 

 

dx

[KW-01]

Hi

 

We have finally received a response from Link after sending the CCA and DN request. The CCA response is a copy of a printed document which you can hardly read. What we are more concerned about is the default notice which was issued by Mercers.

 

I have attached a picture of the DN and as you will see it does not look right at al. Spacing is all over the place and it does not state the consequences of failing to pay. I would appreciate your thoughts on whether the DN contains everything it should and if it is enforceable.

 

Many thanks

[dx100uk]

can you pdf that please

[dx100uk]

that's not a default notice

there are numerous thread here detailing those defective mercer DN's.

 

but that's immaterial anyway

we need to see the agreement they have sent

[KW-01]

Thanks very much.

 

I will get the agreement uploaded today.

 

I didn't think this looked like a standard default notice at all so thanks for confirming my suspicions.

 

I will try and find the old threads relating to Mercers.

[KW-01]

Hi

 

Sorry. PDF now attached.

 

Thanks

Default Notice.PDF

[dx100uk]

timing is wrong too 14 days + postage

2 1st class

4 2nd class

[KW-01]

Great thank you. I'm guessing that the Christmas bank holidays would not be included in the 14 days either? I'm working on getting the application uploaded but any help in relation to getting this default removed would be much appreciated.

 

Many thanks

[dx100uk]

not much chance of that sadly

[KW-01]

Please forgive my lack of knowledge here but if the document is not a default notice how is there not much chance of getting the default removed? Thanks

 

I have also attached what they sent in response to the CCA request. I spoke to someone at Barclaycard a number of weeks ago and they said that they had never defaulted the account then Link produced the DN from Mercers.

 

Thanks in advance.

cca return .pdf

[dx100uk]

when did he take the card out?

[KW-01]

when did he take the card out?

 

January 2012.

 

When I spoke to Barclays they said that the account was closed in April 2013 and sold to IDR (Link) in August 13.

 

 

The default Link have entered is dated May 2013.

 

 

Link advised that this was the date Barclays registered the default,

yet Barclays said they never defaulted the account.

 

 

It's quite hard to tell what's gone on as the Mercers DN is dated December 2012.

 

Many thanks

[dx100uk]

well don't trust anything link say do or send.

 

a debt buyer cant default an account

only the original creditor can do that.

 

as for the default issue itself

doesn't really matter that the mercers DN is defective, as they all were .

they'll simply issue a new letter that's complaint.

 

the debt obviously had issues so was defaulted

all they have to do is have a record a DN was sent not that oneexist

that what link has supplied is a template that they probably got out of their filing cabinet keep it safe.

 

now how about an sar to Barclaycard?

get the truth.

[KW-01]

Thank DX much appreciated. I agree he needs to SAR Barclaycard and see what they come up with as it all sounds a bit strange. Thanks very much for the advice.