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    • dca please.?   Barclays would have marked the A/c Defaulted on or before sale, and issued a default notice a dca debt buyer cannot issue a default notice    send Barclays an sar.   the A/c was opened whilst resident in Scotland that means the debt is statute barred and extinguished,, dead gone parrot. though that has no relevance to a credit file.    
    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty,   I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks.   I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming,   after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond.   I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015.   Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years,   I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do?   I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
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bbcoops

Link, Mbna Help

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Sent a cca to Link Financial. By Monday the 12+2 days plus the calender month are up. I have cancelled the standing order to them.

 

I also sent a SAR to MBNA who the original debt was with. I received this letter back this morning.

 

 

Dear Mr xxxxxxxxxx

 

Account xxxxxxxxxxxxxxxxxxxx

 

Thank you for contacting us. Your subject access request has been passed to me to respond to.

 

We do wish to resolve this matter however our records indicate that you have not had any charges on your account.

 

 

Yours sincerely

 

Rachel Claridge

Assistant Vice President.

 

Now to me that seems very suspicious because i have not asked for charges i have only asked for statements so does that mean that they haven't got them and should my next step to be to CCA them?

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Yep

 

Send CCA Template request that's on the site with £1-00 by Recorded or preferably Special Delivery (worth the extra cost, £4.30 but tracked and signed as Recorded Delivery can be a bit unreliable).

 

Worked for me, 3 Creditors have written of approx £6,500 so far, to date.

 

Good Luck

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bbcoops

 

A bit confusing as you say you have already CCA'd them can you clarify please.

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I cca'ed Link and SAR'ed MBNA

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Is it 40 days for default on a SAR (subject access Request)

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CCa printed and ready to go tommorrow.

Will wait the 40days out for the SAR to default.

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Can you post up your original letters

 

If link are the debt collectors the CCA has already been served. It will apply to mbna if it is the OC already can you clarify ,

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I sent the standard CCA letter from the site library to Link

Link replyed saying it would take them time but they would get it from the oc, nothing since. The12+2 days +30days are up tomorrow.

 

I didn't realise this applied to the OC. So it would be a waste of time sending them one as well. They obviously haven't got it.

Hope this clarifies?

and can you advise where i go from here.

I really appreciate your help on this matter.

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Still getting harressing phone calls from Link.

Not sure what the next step is.

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Sent a non compliance letter to Link today as they defaulted on the 1st July.

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Have also sent a harressment letter to them.

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I'm dealing with these too. I got a standard letter back from Link saying they would be going back to MBNA for the CCA Agreement, but guess what ------ I rang MBNA and they don't have it :D

 

The account was opened in 1999 and they only have information going back to 2001, which they've already passed over to me :p

 

Will wait and see what Link's next move is ...... but I'll just be letting them dig themselves into a bigger hole and hopefully committing a summary criminal offence!!!!


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Have you got an address for Link? I want to CCA for my husband, but we have nothing in writing, just phonecalls.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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I have a PO box address but no proper address.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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Their registered address, in smaller print, on a letter received from them a few days ago is:

 

Link Financial Limited

89 Albert Embankment

LONDON

SE1 7TP

 

The Address at the top of the letterhead is:

 

Link financial Limited

P O Box 30095

LONDON

SE1 7WU

 

It was the PO Box address that I used to send off the CCA letter to them in the first place and they replied really quickly.

 

Hope this helps.


jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

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Thanks, I'll give it a go.


Nationwide-A&L-Halifax 1-Student Loans Company-NatWest-Virgin Media-Link-Capital One ALL WON!

Thames Credit -statute barred sent 13/11/08

BCW- prove debt letter- 14/08/08

Apex- CCA 14/08/08

Redcats UK- SAR 14/04/09

Call Serve- CCA 14/08/08

Littlewoods- no CCA letter 03/09/08- Lowells now

Wescot- CCA 19/9/08

Capital One/Debitas- now with Lowells

 

Any opinions are without prejudice & without liability. All information has been obtained from this site. If you are unsure, please seek professional advice. .

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