Advice please- Link Financial at it again! Reporting default on credit file

[tbees72]

Hello Legal Beagles,

The original OC :after a very involved complaint I was successful in getting the OC Barclaycard to request Link Financial to remove default notice in January 2016 & Barclaycard also compensated me £500. The debt was from April 2004 and I entered a DMP in 2007. The original debt was not defaulted and BC said they were not able to retrospectively apply default but following ICO guidance I should not be in a worse position than someone who had defaulted and where the notice would drop off a credit report after 6 years. Link have reported a default again & as I am in a similar position to 2016 ( applying for a mortgage soon) it is critical I get this removed. Link have said no & they are within their rights. I have a repayment plan with them which they say because it is less than the minimum they are within their rights to report default. On my report they report credit start date as April 2004 ( I did not sign credit agreement with them!) . Should I write to Barclaycard again? And how can I complain about this situation which is doing my nerves in! Thanks as ever

[pt2537]

Im afraid this is a tricky point, If Link are the assignee of a debt from Barclays then they will be entitled to report to the CRA how the account is run, if the relationship has broken down you may find they are entitled to record a default on your credit file.

Have you looked at the updated guidance on reporting defaults?

[tbees72]

Thank you PT2537. As the third party assignee of the debt do Barclaycard have a duty to ensure that the DCA they use adheres to same Lending Code.. & that as that the original complaint that Barclaycard upheld should still stand? BC were at fault in not defaulting the account when it broke down in 2007. Had they done so then this debt would have dropped off my credit file in 2013. Once they assigned the debt to Link - Link reported AP markers. BC got those removed.
Link are saying that following audit of accounts in 2019 because my repayment is below the minimum that the account is in default.

I fought & won a case last year with the brilliant help from this forum against Idem. I feel like these DCAs are holding me to ransom and at times quite frankly ruining my life. They did not lend to me - how can they report account opened April 2004 on my credit file? It wasn't opened with them - I did not sign credit agreement with them.

Worth contacting Barclaycard again? I have the paperwork from last time around.

Thanks again for your time- much appreciated

[tbees72]

I have read some of the latest guidance but unsure what the key changes are? & does it completely replace previous guidance for an old debt like mine.(17 years)