Barclaycard debt sold to link help please

[Beauty13]

Hi there I took out a Barclaycard in 2006

 

I got into difficulty in 2013 after my mothers death and the account was passed to link financial-

I thought they were a subdivision of Barclays so I set up a payment arrangement of £5 per week

I was receiving letters from both of them at one stage so was confused who was dealing with the account.

I was given new bank details to pay link direct so did so accordingly (mistake I now fear)

 

I understood that I received a default from Barclaycard but on checking my credit file i have been quite surprised

 

The Barclays information shows the account was opened 18/8/2006 and settled in June 2014 for £5601 with no default

 

There is then separate information by link with a different account number (which I use as reference ony standing order)

Account opened on 18/8/2006 which is not the case and they have recorded the default on June 2014 £5591

there is no further payment history shown to date just an outstanding balance of £5176 and the terms show 0

 

I did not start paying link directly until mid August despite them lodging a default in June

 

Are they able to lodge a default when I have not entered into a credit agreeing with them

other than to stupidly pay them directly (I didn't want to get into any more trouble)

 

Does this look to potential lenders as two separate agreements given the different account numbers?

And does this hinder my credit further?

 

With them not showing any payment history

does this mean that if I stop paying them that they will be unable to show a further default or enforce the debt?

 

Please advise me of where I stand....

..I do not want to impactt credit file further as I am strong desperately to negotiate full and final settlement

s with all of my lenders to improve my credit rating

 

Many thanks in advance

[dx100uk]

well lets blow one myth out the water.

paying a debt off if its got a default on your file will NOT remove the default

nor improve your rating.

 

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

.

NOTE: {the bracketed text is not ICO guideline but my advise]

 

 

..................

 

 

link cannot place a default

so I would suspect, as all original creditors do

they defaulted the debt when they sold it on to link.

 

 

firstly i'd be sending link a CCA request.

 

 

it might pay you to SAR Barclaycard too and get all the statements

and look at reclaim the unlawful penalty charges and PPI?

 

 

dx

[Beauty13]

So cca to link and sar to Barclaycard

 

As Barclaycard have sold the debt would how would they re Imburse the charges? There's no ppi

 

If Barclays have defaulted the debt are they able to update my credit file to show this and do link have to remove their improper default?

[dx100uk]

when a debt is sold the debt buyer name usually replaces that of the OC on the CRA file

however, Barclays as with many lenders tend to leave their entry up.

its not harming you to have 2 entries for the same debt.

 

 

if you look [or you'll soon see when you get all the statements etc etc.

you'll see the default would have been enter by BC when they sold it.

[check the sale date I bet the defaulted date is from before that date or the same as

 

 

a debt buyer cannot default a debt[other than marking the monthly calendar section].

 

 

you'll soon pick it all up by reading around CAG too.

 

 

a charges reclaim goes to the original creditor

have a good read in the forum you are in

I've moved this thread to the BC forum

lots of successes here.

[slick132]

Hi Beauty,

 

BC will refund penalty charges when faced with court action. There are many threads here showing successful cases - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?97-Barclays-BCard-and-Woolwich-successes

 

In your case, the penalty charges would be relatively recent so I would not bother claiming compound interest. Claim simple 8% int't. Can you add up all penalty charges and let us know the approx total, so we can offer advice on your best options.

 

[dx100uk]

StatIntSheet v101.xls

[Beauty13]

Yes will do just need to wait for statements.....

 

 

. I'm sure there will be other charges dating back earlier and I think I would have sent a letter asking them to freeze interest and charges

when I got into difficulty-

 

 

this I think they tactfully ignored until the debt was sold on- am I entilted to claim any of the overpaid interest?

 

Don't think I can find copy letter as was on old now broken pc- although they should have a copy which I would of sent recorded delivery if they choose to send it in SAR

[dx100uk]

am I entilted to claim any of the overpaid interest? ..that's what the sheet does....

[Beauty13]

If i`m sending a CCA and SRA do i wait for the reply re the CCA first?

 

Am i right in thinking i have to sign the SRA? if they have my signature wo n`this is give them the opportunity to apply this to a potentially non exsistant CCA?

 

Or should i just print my name in pen as my signature? I have no scanner so unable to use your safe signature system

[dx100uk]

read the full sar post.

 

why send a CCA request?

are you disputing you ever held the card

if this were a DCA that was the owner then yes send one

but theres little point

[at this stage]

sending a CCA request when the debt is still owned by the original creditor...

[dx100uk]

scrub that sorry

yes CCA request to LINK don't sign

SAR goes to the orginal creditor

you sign it

read the full SAR

[Beauty13]

Cheers DX

 

As i dont have a scanner can i upload a picture from my phone?

[dx100uk]

wont work

when needed i'll send you a secure email addresss?

 

 

just pull my string

[Beauty13]

Thats great thankyou...

 

Am i limited to how many threads i can start? have another debt with LLoyds/Robinson way i need help with and also some advice re a CCJ with Idem

[dx100uk]

nope

always better to have individual threads for each debt

[Beauty13]

Righty oh

[Beauty13]

Hi Dx is there another way round lack of scanner for secure signature?

 

Is that what the email address was for?

 

Need to get these letters off and worried that they will lift my signature

[dx100uk]

signature to whom?

 

 

read post 11 again

and the click me threads they point too

you DO NOT

sign the CCA request to link

 

 

it quite safe to sign [and you MUST]

the SAR to Barclaycard.

 

 

the email I sent is for the scans of the docs you have

that we need to see

[Beauty13]

Response now received from LINK re cca

 

`As i am aware IDR finance purchased my debt from Barclaycard in June 2014 and as such they do not always hold this documentation`

 

They have requested a copy of the agreement and the most recent items and conditions my account was operated under from Barclaycard. This can take up to 30 days to provide

 

NOTHING from Barclaycard re SAR POSTED 5/5 AS OF YET

[dx100uk]

they have 12+2 working days to comply with the CCA request regardless.

once they fail that

 

 

and until they do comply with an enforceable agreement and we see it

you can cease payments if you like.

 

 

might pay you to go read like threads

use our search CAG box of the red top toolbar

type in link Barclaycard.

 

 

dx

[slick132]

Hi Beauty,

 

Re the SAR, they're not likely to reply until near the end of the 40 days, or after.

 

[Beauty13]

Thanks Guys......

 

Can someone please clarify re credit file default

 

Can the DC show default or only the OC

 

My file clearly shows BANK DEFAULT FROM LINK FINANCIAL with Equifax in my list of credit agreements and a D in the payment history

 

Is there any room for negotiation on this ie contacting experian?

 

The barclaycard account was 8 years old at the time of default so they will be unable to provide a credit agreement likewise link

 

I cant believe ive also noticed that aside from the one entry from link showing the default in june 2014 there is NO FURTHER PAYMENT HISTORY!!!!

 

ive been paying them £40 per month for the last 2 years at least!!!!!

 

Am i safe to now stop based on this?? or shall i wait for them to send a response re not having credit agreement?

 

Can they then lodge further information with equifax if i stop paying or can Barclaycard?

 

so many questions sorry!!! so angry!!

 

5k balance all flaming interest and charges!!!

[slick132]

Hi Beauty,

 

If the a/c has been sold and assigned to a DCA, they can change the CRA entry to show they are the new creditor but they cannot alter the original default date. This should be about 3 months after you failed to make required payments.

 

If you can make the required pay'ts, you should do so UNTIL the creditor has failed to properly respond to your CCA request, at which time you can stop paying if you want, until they reply.

 

Read other threads for guidance and let us know what replies you get to the CCA and SAR requests.

 

[Beauty13]

Thanks Slick will keep making payments until info received

 

Just to re iterate.....no default lodged at any point by B Card

 

The only one is by Link

 

Not sure if they can do this?

 

Will wait for non arrival of CCA then go for charges after i have all statements

 

Thanks again