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Barclaycard Credit File entry - no default but 6's for 27 months!!

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  • Barclaycard Credit File entry - no default but 6's for 27 months!!

    On my credit file is an entry for a barclaycard.

    I stopped paying this in August 2008.

    The entries on the credit file is a 1 in Sept 2008, 1 in Oct 2008, 2 in Nov 2008, 3 in Dec 2008.

    Then from March 2009 there are 6's on the file for every month until May 2011.

    In June 2011 it states settled. I didn't make any payment to it.

    Is there anything that I can do to clear this?

    Surely a default should have been added to the file between 3 and 6 months after the cause of action in September 2008. My thinking is that at the latest this should have been defaulted in March 2009 and therefore should drop off credit file in March 2015.

    However, as it stands it will not clear until May 2017!!

    Surely this cannot be right?

    Any help or shared experiences would be appreciated.

    Thanks

  • #2
    Re: Barclaycard Credit File entry - no default but 6's for 27 months!!

    :bump2:

    Comment


    • #3
      Re: Barclaycard Credit File entry - no default but 6's for 27 months!!

      Yes, you need to complain to Barclaycard saying that you will take them to both the FOS and ICO if they do not file a default with a correct and accurate date.

      Barclaycard should have followed: http://webarchive.nationalarchives.g...3%20%20doc.pdf

      as those are the guidelines that applied at the time here.

      As you say, if you did not pay from that point onwards then a default should be placed within 3-6 months.

      Also:

      A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default.
      Barclaycard usually refuse to change these at first, but if you keep pushing, threatening the ICO and FOS, and having it referred to someone more senior, then there is a fair chance they will sort it.

      If not then you still have the recourse of taking it to the FOS and ICO.

      Comment


      • #4
        Re: Barclaycard Credit File entry - no default but 6's for 27 months!!

        Good luck Mr F, Im in a simular position but without a default after 6+ years! The account shows as active....Do you think that by writing to barclaycard you will reset the clock?

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        • #5
          Re: Barclaycard Credit File entry - no default but 6's for 27 months!!

          Reviewing my posts on the forum and came across this. I really should be more punctual with my responses.

          Yes, that's exactly my concern. Would writing to them acknowledge the debt and therefore reset the clock?

          Comment


          • #6
            Re: Barclaycard Credit File entry - no default but 6's for 27 months!!

            Originally posted by MrF View Post
            Reviewing my posts on the forum and came across this. I really should be more punctual with my responses.

            Yes, that's exactly my concern. Would writing to them acknowledge the debt and therefore reset the clock?
            Hello Mr F, welcome back,

            Barclaycard is notorious for not defaulting accounts in accordance with the ICO's Guidance, often defaulting just prior to selling off the debt, putting the debtor at a distinct advantage in relation tp the provisions of the Limitation Act 1980.

            A Formal Complaint addressed to the Data Controller at BC is the way forward.

            Using a phrase such as "No Part of this communications is and cannot be construed as an admission of liability."

            I see that this account has been marked as settled which usually means that the debt has been sold on to a debt purchaser, has anyone contacted you about this?

            nem
            The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

            Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

            If you receive messages from anyone offering advice for a fee please report it to the site team.


            Animo et fide.

            Comment

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