Jump to content
Simon1959

Link and CCA failure - old Barclaycard debt

Recommended Posts

I Have browsed this forum and picked up some valuable information ,

 

one thing that puzzles me is if you owe say barclaycard some money ,

why do they sell the debt on to a DCA to collect the money rather than just take you to court themselves ,

and also i have seen on some threads that the sum of over £5000 is relevant why is this

Thanks in Advance

Share this post


Link to post
Share on other sites

Has always puzzled me to.

But I think the answer is that banks generally don't want to be debt collectors themselves.

 

They have too many debts on their books and would rather pass the debts on to a DCA to chase for them or sell the debt off to them.

 

They can write off the debts against tax and it is off their accounts.

 

Re the £5000, isn't this something to do with which court process can be followed and what the costs would be.

Over £5k and I think the court costs are higher.

Share this post


Link to post
Share on other sites

If an OC ramps up the charges and then sells the debt they can with clever accounting get a very large percentage of the "debt" back off the taxman, why wait years to get it in dribs and drabs when you can write it down to tax?

 

It also helps perpetuate the commonly held myth that the high street banks are "nice" organisations if they aren't seen to be hounding members of the public for alleged debts, many of the banks set up their own DCA first eg Blair Oliver Scott, (Bank of Scotland) in order that the less perceptive of the public thinks those harrassing phone calls are nothing to do with the bank


As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Share this post


Link to post
Share on other sites

it's cheap and leaves the creditors

books nice and tidy.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Claims under £5,000 are held in the small claims courts and costs are minimal.. should the defendant lose.

 

 

I believe there is a move to increase the amount for small claims to £10 - 15,000 soon. Which will be helpful to the likes of those who are then going to issue claims AGAINST the banks for PPI or default charges claims.


Please consider making a small donation to help keep this site running

Click here to

donatelink3.gif through PayPal (opens in a new window)

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

From what I have gathered most banks will have an internal collections department but it will be pretty basic.

 

By farming it out to an agent the agent can spend all the time and money trying to recover the debt and little risk to the original bank. For exmaple the bank may say the agent can keep 50% of whatever is collected but if nothign is collected they do not pay them anything. The debt collector will also have more resources and knowledge in the field of debt collecting - so the original bank doesn't have to take on the risk or expenditure of having a big itnernal colelctions dept.

 

Using specialist agencies is very common in business and I doubt debt collectors are the only external agents banks use.

Share this post


Link to post
Share on other sites

I have just received a statement of account from Link for the old Barclaycard debt

 

It shows the last payment was a pound which was the pound for the CCA request

I still havnt received a CCA

 

Varde replied saying the account was on hold and they wouldn't be collecting on it until they had located the CCA

 

PRA have written to me saying they are now collecting the debt I've ignored them should I send a CCA request to them

Share this post


Link to post
Share on other sites

New thread as advised

Sent CCA request to them heard nothing so stopped paying

I have received a statement of account which shows the last payment as £1 which was the postal order for the CCA request

Is this significant or just them being awkward

Share this post


Link to post
Share on other sites

sadly what link always do

immaterial.

 

was you actual last payment date?

does this show on your credit file?

if so what is the defaulted date?


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

Shows on credit file as Link the original card was with Barclaycard this is on there in the closed section with zero owing

There is no default showing although it was defaulted about 7 years ago

Last payment was about 1 year ago

Share this post


Link to post
Share on other sites

have you written proof of the default 7yrs ago?

if so the debt should not be showing at all.


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

If the last pay't showing was the £1 CCA pay't incorrectly paid to the a/c, and you paid nothing else in the last 7 years, the a/c is SB'd !

 

Let them do whatever they like - you have a clear defence against any possible action they may take.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Last payment was a year ago I'll have to dig around to find the default notice from Barclaycard

If I can't locate it I'll SAR Barclaycard and hopefully get it from them

Share this post


Link to post
Share on other sites

Please confirm, have you paid anything other than the £1 CCA fee in the last 7 years.

 

Probably no need for another SAR for now. If necessary you could call for the info you need.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Last payment other than the £1 was a year ago after they failed to supply a CCA

Share this post


Link to post
Share on other sites

Ok, so if you paid to the a/c (other than the CCA fee) a year ago, it will not be SB for years.

 

However, if the a/c was defaulted over 6 years back, it should no longer be showing on your CRA records and therefore no longer harming your rating.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

as post 10


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

I have a mountain of paperwork but at present I can't find the default notice

I may have to contact Barclaycard

Share this post


Link to post
Share on other sites

Letter from Link today asking if I was having difficulties paying or had simply overlooked my payments and to ring them and they will sort it all out for me

 

Still not received a signed credit agreement though

 

There not even acknowledging that I've asked for it

 

The default notice was issued july 2012 so should drop of my credit file next month

Share this post


Link to post
Share on other sites

" and they will sort it all out for me "

 

Im sure they would :becky:

 

Ignore


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Not sure they know what one is :madgrin:


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Letter from Link today

Informing me that I am in breach of my agreement

if I don't pay the arrears then further action MAY be taken against me

 

This is to terminate the account and demand full payment and to commence court proceedings against me

 

Also we will tell the credit reference agencies of your default which will be entered on your credit report

 

Am I correct in thinking that they can't default it as Barclaycard have already done it before selling it on

 

Also they still haven't sent me a signed credit agreement

Edited by dx100uk
Spacing

Share this post


Link to post
Share on other sites

Correct

That plink for you


PLEASE DONT USE REPLY WITH QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

Share this post


Link to post
Share on other sites

I take it This just a wait and see situation then

Should I prepare myself that they may take a chance in court

If that's the case would It be wise and to send Barclaycard a SAR

Share this post


Link to post
Share on other sites
Please fill in your quit date here

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


  • Recently Browsing   0 Caggers

    No registered users viewing this page.



  • Tweets

  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • I was talked into signing up with Future Comms (future-comms.co.uk) who cold-called me to change my mobile contract to them, via 02, rather than EE. I have a small business (only me!) and it's a business contract. True, the 4G network is better for my area. This company seemed to be a marketing set-up for various telecoms companies, so I assumed anything I signed would be with 02 and didn't think it might be a problem.
       
      They sent an email whilst I was on the phone to set up the direct debit mandate with my bank which I signed electronically. That was the first, of many, problems I found. Apparently THAT was my contract, binding me to 3 years and no 'cooling off' period, because I was a 'business' (meaning any consumer rights did not apply). When I subsequently asked in writing for a copy of my contract, that is what they sent - when I argued it was a DD mandate they insisted it was my contract!
       
      2 days later they asked for my phone details to get it unlocked which I sent. 10 days later, EE closed my account, so I changed the SIM card to 02 that had come a few days before. No network! They had done nothing about unlocking it. Fortunately I was lucky with EE who managed to give me the right codes, rather than the usual 10 days to go through Samsung.
       
      By this time I was suspicious of their set-up and wanted to cancel. As I said earlier, I found myself trapped into a 3 year contract with no 14 day cooling off period (they don't offer that). Promises to deal with my complaints never happened, promised return calls neither....and on and on.
       
      Ofcom's rules apply to consumers and small businesses (under 10 employees), yet this shower don't acknowledge that. They just repeat and repeat that I am a business so it doesn't apply. To cancel the contract I have to pay the full 3 year's fees!!
       
      I would like to know if others have had similar experiences? Or does anyone know how I can maybe declare the 'contract' unenforceable? I have never before been locked into something without a clear written contract, with t&c's! And, yes, I have asked, and yes, I have been ignored.
      • 84 replies
    • Future comms!. Read more at https://www.consumeractiongroup.co.uk/topic/415706-future-comms/
      • 10 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
×
×
  • Create New...