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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Link Default / Barclaycard Credit File Markers - Removal


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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.

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the mortgage co. can only see what is in the debt summary line not the calendar markers.

 

if the debt show AP without stating a defaulted date in the summary then AP is a real bugger to get removed.

 

your issue is whichever way you go, the debt even if you get it correctly marked as defaulted with a date, that will still only be in the 2015 date range.

 

a default stays on your credit file for 6yrs regardless to if you are paying or not, or paid off or not.

 

moved to the BC forum.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Shouldn't Barclays have defaulted me in 2011 when I missed 3 or more payments, as all my other creditors did, meaning that it should have dropped off my file in 2017?

 

Also can Link default me as they are DCA's and not the OC?

 

I thought I'd read somewhere that an account couldn't be assigned if it wasn't defaulted first?

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Can be sold yes. Debt buyers can't register defaults they are not a creditor. But that's immaterial

 

Write to Barclaycard with proof of the 3rd missed payment. Point out that the ICO guidelines at the time stated 3-6 mths for a default and they have failed to default you rather used the AP marker for xx yrs which is unfair..please default the account on date or you'll raise a formal complaint with the ICO and sheen financial compo as you are trying for a mortgage and had they correctly defaulted the account re guidelines it would not be showing now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

You send them a copy of the BC letter correctly stating the default registering in 2011 and demand they remove the account as it should not be showing else I CO etc

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

account in dispute = im on double yellow lines but have my hazards going so i'm immune from you doing anything to me...2 urban myths sadly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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