barclaycard - paid off March 2012 - sold to Link 2016 - threatened with solicitors 2017 ?

[sweenstar]

I think the debt was cleared way back in Feb 2012 as suggested in the statements they continued to send for 2 years. (Barclaycard)

 

Link will pass the debt onto their solicitors who will apply to the county court to get the debt put before a judge (that is what they done with the last debt that was passed to them)

 

I will ask them to show me what evidence they have ( not sure of the terminology ) before it is put in front of the judge

 

Has any one been to court with Link before ?

 

I have read from other threads that in some situations the claimant has not even turned up

 

I am confident no credit agreement exists

[dx100uk]

1000's of people have been to court with link.

 

no good you thinking it was paid of as it wasn't

 

can you scan up the statements you have to ONE PDF please

follow the upload

 

they don't just get it before a judge

it has to go through the correct process

 

just because you let them fleece you last time

don't think this time they'll win.

[sweenstar]

Thanks Dx I will upload the documents tomorrow

[dx100uk]

ta

[sweenstar]

Good Morning,

 

Please find the statements attached as requested.

barclay statements.pdf

Edited April 29, 2017 by dx100uk
11Mb file reduced to .5Mb - dx

[dx100uk]

chgroff means they sold It on - you didn't pay it off.

[sweenstar]

Hi there Dx,

 

So you think they sold it off in Feb 2012 (possibly to Mercers as that is who they have as sending me a default letter in Jan 2012) but notified me by letter in Ocoter 2016 that it was sold to Link ?

 

Will this debt drop off my credit report in Feb 2017 (first date of default) regardless of whether I pay it off in full, offer a partial settlement or wait for it to be statute barred ?

 

My credit score is a dismal 530 atm

[slick132]

Hi SS,

 

Yes, the records you've shown suggest BC sold the a/c March 2012.

 

If they issued a Default Notice promptly when the account went delinquent, then the debt should drop off your CRA files 6 years plus 2 or 3 months after the DN.

 

If they were late sending out a DN, or didn't send one at all, the debt should disappear 6 years plus 2 or 3 months after the account went delinquent.

 

[dx100uk]

Hi there Dx,

 

So you think they sold it off in Feb 2012 (possibly to Mercers as that is who they have as sending me a default letter in Jan 2012) but notified me by letter in Ocoter 2016 that it was sold to Link ?

 

Will this debt drop off my credit report in Feb 2017 (first date of default) regardless of whether I pay it off in full, offer a partial settlement or wait for it to be statute barred ?

 

My credit score is a dismal 530 atm

 

mercers are BC's internal DCA

 

you really need to start reading up

you've so much to learn.

you've been here since 2014 too.

 

the account will vanish from your credit file never to return on the defaults 6th birthday

no matter what you do.

 

doesn't mean its not owed mind, till it reaches statute barring date.

[sweenstar]

Thanks all,

 

I think the best thing to do is get Link to backdate my credit file to show the default date as of Feb 2012 (do you agree)

and then as you say, around Feb of 2017 I will apply to have it statute barred and it will disappear (if it drags on that long) ..

....then roll on the good times .

...my credit file will be as good as new.....

 

I have had a reply from Link today saying

"As you know we purchased your debt from Barclaycard in October 2016 and as such we do not hold the original agreement,

we will however request the original agreement from Barclaycard along with the most recent terms and conditions and send them to you, this may take up to 30 days"

 

So I will be interested to see what they actually produce.

[dx100uk]

it will vanish feb 2018!

 

pers id not be doing anything

simply invites letter tennis

theres nothing you can do

nor can do in moving the DN date

it is correct.

 

unless you can prove your last payment date [as we now know you didn't pay it off]

was months befoe then?

 

and if you could

then the complaint would goto BC

a debt buyer/DCA cannot default an account

[sweenstar]

Yes, I will need to get the correct default date shown on my credit report as at the moment it is shown as October 2016 meaning it can not not be statute barred until 2022

[dx100uk]

You sure that's not an updated date but that the default date is still Feb 2012?

[sweenstar]

Yes according to my latest credit file the debt only appears in October 2016 (Owner as Link)

- no closed accounts leading up to that date either ! - (Noodle),

 

 

I have a credit report from 2014 (Noodle) and it appears on there as being in default from Feb 2012 onward (Owner as Barclaycard), which ties in with the default letter I have from Mercers form Jan 2012.

 

Still doesn't explain what happened to the debt from Feb 2012 when it was effectively zeroed

- (2 years of subsequent £0 statements) and October 2016 when it was sold to Link ???

[dx100uk]

already explained the last bit several times...........

Barclays might have written if off it 2012 against tax/insurance and put it on a debt selling portfolio, but a buyer did buy it until recently

the money is still owed.

 

 

now the credit file..

it's no unusual for Plink to pull these stunts.

but you've a chance here to get it removed completely and confirm the SB date

but we need to know YOUR last payment or usage.

 

 

dx

[sweenstar]

Hi Dx

 

Last payment date was the 10th Feb 2012 of £1.00

[martin2006]

So a true default date should be may-aug 2012 if mercers issued a default notice which was not complied with. It should therefore go from your file no later than Aug 2018 (aug 2017 if in scotland).

 

If you do nothing, this will blight your credit file, as you say till oct 2022 which is grossly unfair.

 

As you have the statements you can compile a CISheet to calculate all the charges levied on the account plus compound interest and get claiming them back. In addition you can demand that the default is registered correctly or removed. This tho may well require issuing proceedings in the county court but may be the only way to get it corrected.

 

Assume that you have CCA'd Link?

[sweenstar]

Sorry,

 

I misread my credit report, although the debt only starts with link in October 2016 at the top when I clicked the drop down it does say :-

 

Date of default 28/02/2012, so they must well be aware that it defaulted in Feb 2012.

 

 

Yes I have CCA'D them and they responded saying they dont have the data but they will contact Barclaycard and get it off them but this may take 30 days.

[dx100uk]

doh! thought so...

yet another schoolboy mistake...

 

 

so time to ignore plink totally and get reclaiming.

 

 

dx

[sweenstar]

If I reclaim though am I not acknowledging the account and therefor will not be able to do the statute barred thingy jobby in Feb 2017 ?

[dx100uk]

nope reclaiming does not rest the SB clock as its them paying you.

 

 

dx

[martin2006]

You in scotland sweenstar?

 

If so its already SB

 

If not then its Feb 2018 till it drops off yr file

[sweenstar]

Hi Guys,

 

No i'm in England, what about if I sent them a letter worded as such :-

 

I write with reference to the alleged money owed on the above account.

I take no responsibility for this alleged debt and consider the account to be in dispute. I also consider the alleged credit agreement un-enforceable.

However, as a gesture of goodwill I would like to offer you the sum of £1050.00 only.

This sum is on the strict understanding that it is in full and final settlement of the alleged debt and that neither you nor any associate company will take any further action to pursue this debt in any way whatsoever and that I will be released from any liability.

I also request that, if accepted, you will mark any entry on a credit reference agency file relating to the above account as "satisfied" in full.

I hope you will consider this to be fair and responsible settlement and on receipt of your signed acceptance, I will make arrangements for payment within the next 14 days.

[dx100uk]

why?

 

 

so they've sent an enforceable agreement?

 

 

dx

[sweenstar]

No They haven't, I am waiting for that but when they started harassing me with letters I sent them what I though was a fair offer (letter above) but they turned it down any way. I was not aware of the statute bar .......