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    • Fair enough. But I don't understand why they send these letters. Do people really get scared and end up paying them?
    • That's a blessed relief. They would have been withdrawn because, as I said, they have no evidence that you were driving. That comes from the responses to the requests for driver's details which you failed to send. The important thing is that the speeding charges were laid. That makes life much easier (and far more likely to see a successful outcome). You need to make your SD and serve it on the court where you were convicted. The next you should hear is by way of a "Single Justice Procedure Notice" laying the four charges against you again. You will have three options (for each charge): Plead Guilty and do not attend court Plead guilty and attend court Plead not guilty You must plead Not Guilty to all charges. In the section headed “reason for not guilty plea” you can state that you will offer to plead guilty to the speeding charging providing, and only providing, the FtP charges are dropped. This is a procedure well known to all court users (prosecutors, magistrates and their legal advisors) and is carried out up and down the land daily. I’ll refer to it as “the deal”. Before the pandemic it was necessary to attend court to undertake this deal and speak to the prosecutor (the agreement of the prosecutor is required as the court cannot accept it without that agreement).  However, during the pandemic courts aimed to reduce the numbers of people required to attend to an absolute minimum and most courts accepted a written request to do the deal. Local police prosecutors made an agreement with their courts that the magistrates’ legal advisors could accept the deal. In some areas this arrangement has carried on. In others they have reverted to the old process where attendance was required. So your offer of the “deal” with either be accepted in writing and dealt with under the Single Justice procedure or you may have to attend court. In either event it is important to emphasise that you will plead guilty to speeding only if the FtP charges are dropped.  There may be slight variations to the process depending on how the individual area works but there is no reason why this should not be successful.    
    • Yes thank you dx, my sentiments exactly.  We don't have access to his credit report to see the CCJ.  We were just told by the Estate Agency who he was trying to act as a guarantor for me.......  I can get a free one for a month I believe.  
    • I would say it's snotty letter time. You can do a search on CAG for examples of what other people have sent. Don't make it too polite. HB
    • Ok, received this letter that looks like a letter of claim but it still doesn’t sound too convincing    2024-06 BW Letter Of Claim.pdf
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Link and old barclaycard account 1 of 2.


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I have been in a good job for more than one year now.

I have been renting privately.

 

 

Now i'm about to go and see about getting a mortgage.

I checked my free credit report and i have a new default on my account.

This is because Barclaycard has passed the debt onto Link Financial.

 

I originally had 2 defaulted accounts with Barclaycard from 2011 and all my defaults are gone from my credit history.

 

 

One was passed to Link in March 2013,

Link wrongly put a default on my account at that time in 2013,

it took a long time before they removed it.

Now the other Barclaycard account has been passed to Link and they have put a default on my account.

 

What is the best and quickest way to get this default removed.

I dont want to deal with Link because i tried numerous times in the past to get the other default removed, they told me many times they would remove it and they never did, it remained on my account for a few years.

 

This could not have happened at a worse time,

i'm now back on my feet again and i have a financially stable life again,

now i want to buy a house and this has happened.

 

Good folks of CAG please advise :(

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so BC defaulted it before sale

have you not got all the details already from an sar to marry this up and check there wasn't a previous one?

 

 

dx

  • Thanks 1

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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Sorry this default is actually for the account that was already with Link.

 

I dont have a SAR or CCA for any of the Barclaycard accounts,

i did apply for a SAR on a few of my debts and a CCA on other

but i had trouble obtaining them as they rejected my application due to me not being at my original address.

The only SAR i did end up getting was from BOS and Ulsterbank.

 

After checking the details further on Noodle it seems like Link have actually updated the status on 08-08-17 to default,

this was removed from my credit report and so i dont know why they have now updated it.

The original default was Mar 2011 with Barclaycard.

 

Account type Credit Card

 

Account holder status Gone-away

Account start date 27/11/2008

Opening balance £ 1,155

 

Date of default 23/03/2013

Default balance £ 1,066

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then simply write to link

with copy proof of the original Barclaycard default

give them 14 days to remove the account on all credit files

 

 

else you'll raise a complaint with the ICO and seek financial compo

  • Thanks 1

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

I dont have proof of the original default with Barclaycard.

I called Barclaycard in the past and they would not provide me with proof.

They said they would send proof to Link but nothing ever happened regarding the default.

 

I have some old credit reports but none actually list the default date with Barclaycard.

 

I need to apply for a mortgage right now,

i take it i'm wasting my time,

i would be better moving to another rented property,

 

 

i know from experience Link seem determined not to remove defaults.

I dont understand why they have removed it and then reapplied it.

It was not on my recent credit history.

 

 

I need to move asap for personal reasons.

I cant hang around waiting month to month to see if Link have removed it or not.

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The only one i know off the top of my head is BC

 

Barclays Bank plc

Data Control Dept

Radbrooke hall

Knutsford

Cheshire

WA15 9EU

 

id send the Lloyds stuff to the HBOS address

 

HBOSlink3.gif PLC

DSAR

PO Box 791

Leeds

LS1 9LR

 

For SARs relating to RBSlink3.gif credit cards;

 

Data Protection Officer, The Royal Bank of Scotlandlink3.gif plc, credit card Centre,PO Box 6050, Southend-on-Sea SS99 1WL

 

MBNA Europe Bank Ltd

PO Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

 

Barclaycard

Registered Office 54, Lombard Street, London, EC3P 3AH

 

just to clarify

you only need to send ONE SAR per bank

 

 

well this is sadly of your own doing then

you were told to sar in September last year...

 

 

so in all of the old CRA printouts theres not a defaulted date in the summary of this debt.

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

Yes i did send for 4 sar's & 3 cca's last Sept,

by Dec i had not heard a thing from Link or Barclaycard.

 

 

I know i should have followed it up but i just left things and was hoping for a more peaceful life.

I did not have a permanent address and so i dont know if the Sar's were sent to my ex girlfriends address or not.

I got 2 out of 4 sar's.

 

I looked through all the old credit reports and noe actually state the default date for that Link account that was originally with Barclaycard.

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why not simply ring BC and ask if they ever did default the debt first?

  • Thanks 1

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... 

Link to post
Share on other sites

why not simply ring BC and ask if they ever did default the debt first?

 

I called BC today. It seems that BC did not register a default on the account that was passed onto LINK in June 2011, in theory they should have registered a default and it would have expired if they had however LINK have decided to put a default on my account in Mar 2013.

 

BC told me there is nothing they can do about this default and i will need to take it up with LINK. He said ask link to phone BC and they will tell them the debt transfer date was June 2011 and so any default should have been around that time.

 

I entered a DAS at the time in early 2011 and all my debts were defaulted but for some reason BC did not default that particular account when they should have.

 

So how do i tackle this default, should i phone LINK again or should i write to them?

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are you saying this debt was in the das?

  • Thanks 1

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

are you saying this debt was in the das?

 

Yes it was.

 

Because of the same default done by LINK,

i have already chased it up,

getting details or a copy of all the info is impossible.

 

At the time of setting up the DAS i was sent to this local council money matters team,

the woman was great and helped me get the DAS and my debts organised,

everything should have been defaulted.

 

I have contacted the money matters team in the past,

they have no records of anything regarding my DAS.

 

They said it was passed to step change.

Step change apparently don't have any details of my previous DAS.

 

I came up with nothing, they said go back to Money matters

, Moneymatters said see Step CHange.

I gave up.

 

I have contacted the DAS administrator also and they have nothing to offer me either.

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Surely the statements you have from BC must prove das payment

As that would be a strange figure each month

  • Thanks 1

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

I did not get a statement from BC or Link.

I did send away a SAR for BC and CCA to Link last year but i got nothing back.

 

 

I had been staying with a girlfriend (now ex) temporarily and if anything turned up she never let me know,

she was in a bad mood,

so i dont know if they sent the SAR or CCA to that address.

 

I would need to search through all my stuff to see if i have anything that shows das payments to BC on that account.

I remember having a statement from the payment distributor,

they were independent of the DAS administrator.

I used to have statements of all the payments made by them.

 

If i can prove i was in a DAS with BC does that mean LINK should remove the default from Mar 2013?

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yes

all debts in a DAS must be defaulted on or before the start of the DAS

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... 

Link to post
Share on other sites

I found some old DAS letters but nothing stating all the companies in the agreement.

 

I did find the statement from MLM who was the payment distributor,

there are 10 payments to BC from Jan 2012 to Oct 2012,

 

the woman has written in pen 'changed to LINK in Apr 2013' and all the payment went to LINK after that.

 

There was a official payment break due to unemployment and that is why there was a break in the payments between BC ending and then starting with LINK.

 

The default with LINK is 23 Mar 2013 but it should have been with BC when i went into the DAS.

 

Is this info likely to help me in any way?

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Yes perfect

Fire a copy of that lot off to the FOS adjudicator for you DCA case by email PDF scans

 

With a simple!! Covering letter

I have now found confirmation that the debt was part of a DAS scheme and should under the scheme and FCA/ICO rules have been defaulted on or before that date

 

The debt should not now be showing

 

You could if you wanted to copy to link

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

i'd not bother with link.

 

 

nothing to do with them

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

no I had a rethink

I think it would be more funny they just get a shock..

 

 

dx

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... 

Link to post
Share on other sites

Something occurred to me when looking at the payment distributor statements,

the first payments actually made to the creditors was in Jan 2012,

so 6 years has not passed since that date.

Im not sure how the FOC will view this.

 

From what i can remember

i contacted the money advisors late 2010 during a 2 year period of unemployment,

 

ignoring the Link debt,

6 other debts were defaulted on the DAS from Sept 2010 to Feb 2011,

 

i started a job in May 2011,

it must have taken the Money advisors several months to do my budget and get an agreement with all 7 creditors before the payments actually first started in Jan 2012.

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