link and 'sky' BC debt

[smisart]

Hi everyone

This is my first post here, so i hope you will bear with me if I get it wrong.

 

In 2010 I was diagnosed with MS and due to deterioration in my physical condition I had to stop working.

 

To keep it short,

I had to sell my house and paid off most debts, however a debt to Barclaycard CC remained.

 

In Oct 2013 a reduced payment plan was agreed with Barclaycard

and to date I have kept up these payments firstly with them

and subsequently with Link.

 

I have listed below a summary of events.

 

I have a couple of questions and any advice would be very appreciated.

 

Should I respond to Links request for a financial review of the current plan by phone (they have supplied an 0800 number) or in writing ( they have supplied an income/expenditure form).

 

Unfortunately I do not have my original Barclaycard Credit Card agreement

or any statements of my payments when the card was active.

 

Having read about PPI ect..

would it be worth me getting this of Barclaycard

and if so, how do I go about doing this.

 

Again any advice would appreciated.

 

Oct 2013. Barclaycard agree due to my circumstances, reduced payment plan of £26.00 per month for 12 months.. Balance £4451.91

 

Oct 2014. Barclaycard continue agreement at £26.00 per month to be reviewed in 12 months.. Balance £4139.91

 

Feb 2015. Barclaycard write to tell me they are transferring my account to a third party called Asset Link Capital (No5) Limited.

This is in line with the Terms and Conditions of the account and the transfer will happen in Feb 2015.

 

 

They state that Asset Link Capital (No5) Ltd have been chosen after a rigorous selection process.

 

My agreed repayment plan is to remain in place for a minimum of six months

after which Asset Link will get in touch to review my financial situation and may agree a new payment plan.

 

Feb 2015. Asset Link Capital write to tell me the following:

We write to notify you that Barclaycard has assigned your account,

as referenced above to Asset Link Capital (No5) Limited ("ACL5") on 27.02.2015

with an outstanding balance of £4035.91.

 

 

ACL5 has appointed Link Financial Outsourcing Ltd to service your account on their behalf.

They acknowledge payments of £26.00 per month under the terms of an informal agreement,

and will review this payment plan at the date agreed with Barclaycard or six months from this assignment.

 

Jan 2016. Link Financial Outsourcing send letter for payment plan review.

[Bazooka Boo]

Hello and welcome to CAG.

 

Firstly, EVERYTHING must be done in writing ONLY.

 

Never EVER discuss this over the phone with any of the fleecing DCA's.

 

If you're paying by DD then cancel it, and pay by standing order, so you control what you pay, this stops them from emptying your account when they realise you know your rights.

 

As this is a 'non-priority' debt you can reduce that amount, to a more realistic and manageable amount that YOU decide!

 

As for I&E forms, there is NO requirement to fill these in, and especially not one from a fleecing DCA, again YOU are in control, so YOU tell them what tune they dance too.

 

When did you take out the card with sharklaycard?

Pre or post 2007?

 

I'd be sending Link a CCA request, costs £1, if/when they fail to produce it in 12+2 (working) days you can stop payment until such time they do.

 

If you don't have all of the statements right from the start of the account opening, then you should send sharklaycard a SAR (£10) they then have 40 calender days in which to send you ALL of the details/statements from your account, which you can then go through and find all of the charges/fees and any PPI they have levied on the account and reclaim them, reducing the total amount owed.

 

Keep a diary of events, get all of the paperwork together, and NEVER discuss this over the phone.

[smisart]

Thanks for reply,

 

 

l am not sure if it was pre or post 2007 ( muppet moment )

 

 

is there a standard format for CCA and SAR process,

 

 

sorry but have little experience in this

[mikeymack2002]

For a SAR or a CCA request just click on the links (words) or look in the library top left in green and it will take you to the templates. You really should get a copy of your credit file and see what is going on. Try Noddle its free for life https://www.noddle.co.uk/

 

 

Link have a habit of messing people around. Don't call them if they call you say in writing only then hang up. If you have a smart phone then block the number..

[smisart]

Thanks for reply, l am not sure if it was pre or post 2007 ( muppet moment ) is there a standard format for CCA and SAR process, sorry but have little experience in this

 

OK was'nt looking, I can see the link for SAR so I guess there is one for CCA here as well. Will keep you posted.. thanks

[mikeymack2002]

CCA one here >> http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

[dx100uk]

if Plink have it

 

 

you can bet your bottom dollar

the balance is 90% PPI

or all manner of £12 penalty charges

all can be reclaimed

and we'll help doing that.

[smisart]

Ok will get forms sent to Link and BC immediately.. this could be interesting!

[smisart]

I sent the CCA to Link Financial Outsourcing Ltd and the SAR to Barclay card on the 04.02.2016.

 

I have had a letter from Link dated 08 February 2016, it states the following.

 

You have recently made a request under Section 77/78 for copies of various documents.

 

As you are aware Link Capitol (No5) Limited purchased your debt from Barclaycard plc on 27 February 2015 and as such do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from Barclaycard plc and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

yours Sincerely

 

Link Financial Outsourcing

 

A quick recap: 4th February 2015, Barclaycard write and tell me they are transferring account to a third party called Asset link Capital (No5) Limited.

 

27th February, Asset Link write to tell me Barclaycard have assigned my account to them.

 

Forgive my ignorance, but is transferring my account a polite way of Barclaycard saying they sold it ??

 

Is Link stating that being assigned the account, saying they have bought it ??

 

Where do I go from Here ?

 

Again, any comments are much appreciated.

[dx100uk]

until/unless they find the signed agreement

 

 

no dice link..go fleece someone else

[smisart]

Link have said it could be up to 30 days before they can send me documentation of my agreement.

 

 

I assume the 12+2 day rule for a CCA still applies concerning this ?.

 

 

I find it strange that Link would buy the debt without any of the original paperwork.

[dx100uk]

12+2 working days.

 

 

as for debt buying

...

that's how it works

 

all they get is one line with minimal details on whatever debt portfolio they buy

they they send various threat-o-grams out

and see if they can find a mug that thinks

they have the legal powers to do so

 

they don't!

they are not bailiffs

and have

no such legal powers.

 

 

dx

[smisart]

dx..Thank you for explaining that.. I guess there are a lot of us out here who just don't know rules of the game, cheers.

[dx100uk]

and that's how these debt collectors work

 

 

and this is where the money goes...

 

 

http://www.homesandproperty.co.uk/property-news/millionaire-debt-collector-digs-deep-in-south-kensington-28708.html

[smisart]

dx.. thanks for the Link.. It's so uplifting when you find your contributions have been supporting such a Noble Cause!!!!!!

 

I am still paying the monthly amount to Link by DD (changing this to a Standing Order this week), as I have previously stated, have not missed a single payment since Oct 2013. If Link don't come up with CCA in the 12+2 days do I stop the payments or continue until I have all the relevant paperwork.

 

I understand that Barclaycard have up to 8 weeks to respond to SAR request which was sent on 04.02.2016 (£10.00 cheque still not cashed). As the time scales for information requests are very different on this alleged Debt, I am not sure what action to take concerning future payment if the time scales are not met, or are Barclaycard out of the equation on the supposedly, current outstanding amount.

[dx100uk]

I know what i'd do- stop paying once they fail the 12+2 working days timelimit

 

 

the decision is yours.

[smisart]

dx.. thanks for the reply, I appreciate your comments, will wait and see if Link act within the time limits, then make my choice.

 

I have to say I am so annoyed with myself for not starting this process 12 months ago when BC and Link got together, at least this site has encouraged me to find out what is going on and I am very grateful for that.

 

Read this the other day... " The most common way people give up their power is by thinking they don't have any ". Keep up the the great work CAG.

[Bazooka Boo]

40 calender days for a SAR, regardless.

 

12+2 working days for a CCA.

 

Cancel that DD today, you have zero control of your account with DD's, the companies do.

[Still_surviving]

If it helps stiffen your resolve, I just searched Link Financial at Companies House, and they made £4million profit in their last published accounts......poor dears

[smisart]

OK, DD cancelled, into the waiting game now.

[Bazooka Boo]

OK, DD cancelled, into the waiting game now.

 

[smisart]

Hello all,

 

Have had a reply from Link in reference to CCA request.

 

They have sent me copies of Barclaycard T&C's also copies of Sky Card T&C's ( thinking back, this cc was done through Sky ).

 

The Sky copy has my name and old address printed on the top of the first page, It says These are the terms and conditions of an agreement between us ( Barclays Bank PLC, Sky Card, Northampton ) and you name ******* then my old address.

 

Link Financial and BC both state that where this request was made under section 78 of the Consumer Credit Act 2006 (Link) and Consumer Credit Act 1974 (Barclaycard), these documents fulfil their obligations.

 

The letter from link dated 29.02.2016 says that the account has been terminated. The "current balance" is the total outstanding balance that is due and payable immediately. Payment can be sent direct to this office in the form of a cheque. Alternatively you can contact us to discuss an alternative method of payment.

 

Also enclosed was a letter from Barclaycard dated 18.02.2016, part of which says: I enclose a reconstituted copy of your credit agreement together with a copy of the terms and conditions as varied in accordance with section 82 (1) of the act. This is a statement of the variations to the terms made since you entered into this agreement. However, the interest rates, fees and charges set out in the agreement , may differ from those we discussed with you, due to the current status of your account.

 

Is this a complete fulfilment for my CCA request ??

 

I am still waiting for reply from BC for my SAR request but am still within 40 day period.

 

Again any comments are very much appreciated.

[dx100uk]

how did you apply for this card?

 

 

is it on your credit file?

when did you take it out?

 

 

T&C for the time of takeout

and any major changes meet part of the CCA request

as does a recon agreement.

but it sounds incomplete?

 

 

dx

[smisart]

hello dx

 

from what I can see it's showing as Link on my credit file.

 

This was taken out quite a while ago, but I think it was through a Sky TV promotion, as I stated on previous post, cannot remember when cc was taken out.

 

When I became ill, had to sell my house and move, and a lot of my paperwork went walkabout.

 

I do remember that once I had the card all my dealings were direct with BC.

 

The information and paperwork that Link Financial ( and Barclays ) have just sent me have no dates concerning when this agreement started. Nothing with my signature on either ( if that makes any difference).

[dx100uk]

it does

 

 

the cra file should tell you the takeout date

 

 

dx