BarclayCard / IDF Finance / Link Financial Outsourcing dirty tactics

[Josh7]

I am hoping someone would be able to help me out with advice and guidance on the following issues.

I've had a credit card, which was originally with Morgan Stanley, then got transferred to some other credit company and finally ended up with Barclays. I have kept up repayments on that card but, unfortunately, during the current crisis I ran up a debt on it and because I had no means of repaying that debt (lost my work and I am currently on JSA) I wrote to Barclays and reached an agreement with them for me to pay a nominal amount each month (a pound as this is all I could afford, unfortunately).

This agreement was reached after Barclays initially ignored my letters and kept charging me monthly interest and late payment fees and I had to write a complaint to them - twice - after which they withdrew these fees & interest they've charged me before, agreed not to charge me any interest any more and also agreed for me to pay a fixed amount each month (a pound).

After this agreement was reached I was very strict and kept up with my repayments, though on one occasion Barclays charged me a monthly interest because of "late" payment, even though I paid on time (and I have proof - still keep the receipt). When I complained (again, twice) they just ignored my complaint and did not revert that monthly charge.

About two months ago, I received a letter from them informing me that they are going to transfer my debt to some other company - IDF Finance - because, they said in that letter, this is what the current (agreed) T&C allow them to do, and that I should expect to hear from this company to pay them from now on.

I have indeed received such a letter from IDF Finance, in which they informed me that some other 3rd party company - Link Financial - would take care of "account management" and that I should hear from them on how and to which account I should be paying from now on. They also informed me that they intend to honour the original agreement with BC and review this every 6 months.

In the meantime, since I did not have any of the bank details of either IDF or Link Financial, I continued to make payments on the agreed days via Barclays branches to BC - these payments were accepted by them and I had no problems.

A while ago I received a rather threatening letter from Link Financial, telling me that I have missed payments for 2 months and that if I do not pay now, the agreement is null and void and that the whole amount (over 5k pounds) will be payable on demand!

At the end of that letter, there is a GIRO payment slip which shows their bank sort code and account numbers (this was the first time I have seen these details!).

I have the following queries/questions I am hopeful someone would be able to help me out with:

1. The transfer of debt to this company - I don't remember agreeing with BarclayCard originally any T&C whatsoever since my credit card was transferred from Morgan Stanley then to another company and then to BC. I am certain I have not signed anything with BC (I do remember them sending me the new T&C, though I have never agreed those), so if they are relying on some clauses in this T&C I have "agreed", then I think they are wrong and if that is the case, did they have the right to transfer this debt to this 3rd party company?

2. BC have never dealt with my 2 complaints (which were sent via recorded and special deliveries - I've got the proof with me still) and did not remove the extra monthly interest they charged me even though I have paid on time (again, I have proof that they have received this amount in time before the due date). In that case, can I have a claim/dispute to this "3rd party" company with regards to the amount of this debt? How do I go about that?

3. With regards to the threatening letter - I have never received these banking details (would my response/payment to them indicate that I "accept" this debt and its transfer even though I have my doubts as to the legality of this?) and if they decide to now demand the whole lot even though I had no knowledge of their banking details (and where to pay), let alone agreeing to pay them anything, should I have good grounds for counter-claim/dispute? Again, how should I proceed with this?

Many thanks in advance!

[Josh7]

Re: BarclayCard / IDF Finance / Link Financial Outsourcing dirty tactics

Anybody out there willing to offer help/advice with this?

[acsadvice]

Re: BarclayCard / IDF Finance / Link Financial Outsourcing dirty tactics

Josh, you are caughtb in a web like many others. I have just posted a thread entitled Arden Credit Management/Link Financial/IDR/HSBC/DG Solicitors etc.

it is IDR Finance not IDf but check the blog and contact me on teh contact details shown and I will explain.

[DeftWombat]

Re: BarclayCard / IDF Finance / Link Financial Outsourcing dirty tactics

Barclaycard / Link .. don't get me started! I will post my story here soon but my research so far suggests Barclaycard/Link are very good at "not defaulting" ... now you may think that's great .. but it often isn't .. my relationship with BC broke down many years ago and like you I have been paying £1 a month for a number of years .... they threatened to default me in 2007 but never did .... if I had stopped paying completely back in 2007 the 6 years would be up by now and this debt would be off my credit file .. but instead it is just reportd as status 6 every month .... I am about to tackle them and argue that they have treated me unfairly ... I am not qualified to give you advice but if you don't expect to get yourself straight within the next six years .... I would with hindsight stop paying them and let them default the account .. at least then the six years is counting .. unlike me where my six years hasn't started yet and I've been struggling since 2007!

[FlamingParrot]

Re: BarclayCard / IDF Finance / Link Financial Outsourcing dirty tactics

You realise you are replying to a 2 year old thread, don't you? :confused2:

What you describe above is, sadly, very common, even when, in principle, arrangements to pay are not meant to leave you in a worse position than if you hadn't paid at all, in reality, it's all a bit like the dole, where no-one's supposed to be worse off in work but... :mmph: :mmph: :mmph:

These are the updated Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies.

If, due to financial difficulty, your lender agrees a reduced or revised payment with you, this will be reflected on your credit file. How revised or reduced payments are shown on your credit file will depend on whether it is a temporary or permanent change to the agreement. The account may or may not be in arrears at the time of the change.

Should a temporary reduction in the payment amount be jointly agreed between you and your lender, this 'arrangement' will be recorded at the CRAs. This may also occur if there is a temporary change in terms (that is not part of the product) such as a payment holiday or change to interest only.


Depending on the period and amount of the arrangement, arrears may continue to be reported. Such temporary arrangements may last for some time but are generally expected to revert to the contracted terms at some future point. For such accounts arrears may continue to be calculated in accordance with the contracted terms.

The record must show that the account is the subject of special terms. The reporting of this fact may be different depending on the product and the CRA.

It is important that you are made aware when such arrangements are made and maintained, that it will show on your credit file and that whilst arrears may accrue and increase, a default will not be recorded.

But:

If your lender agrees to give you a temporary arrangement, but you fail to make the agreed payment against the new terms, they may still file a default (see Principle 4 below) as soon as a payment is missed, as long you were at least 3 months in arrears on the original agreement.

...which leaves the door open to file a default years after you have defaulted on your contractual terms.

...and:

If your lender does not agree a reduced or re vised payment with you because the amount you offer to the lender is not acceptable, for example, a very low or token payment, the account will not be reported as an arrangement. Any payments you make will be reflected in the current balance, arrears will continue to accrue and a default may be recorded.

So if the lender hadn't agreed to your tokens, the default may have been recorded earlier, as they seemingly have agreed, then no default was recorded. As you can see, it *may* be recorded rather than *must* be recorded.