Barclaycard using wrong default date

[johnydevanand]

Hi members,

I need your valuable advise in my case.

Due to financial difficulties I was not able to pay my debt and ended up owing money to Barclaycard.

The last payment I made to Barclaycard was in 2008 but barclaycard defaulted my account in June 2012 and simultaneously sold my debt to MKDP. I have received SAR from Barclays which clearly shows that the last payment was made in April 2008.

My credit files shows default date as June 2012 but actual date should be October 2008 even if the default was registered 6 months from the actual default date. Barclaycard just added interest until June 2012 without defaulting my account.

Kindly advise what action should i take to remove this default from my credit files.

Thank you for your help.

[Noah]

Re: Barclaycard using wrong default date

Have you made any payments since 2008.

I am am aware of companies waiting until just prior to sale before defaulting.

Can an you double check your credit file to see if it actually says date of default, often people misread the data and upon closer examination it is date of transfer they are quoting.

If you are sure that no payments were made since 2008 and it is important to clear that off your credit file then a letter to mkdp stating that the default is incorrect and needs amending.

[johnydevanand]

Re: Barclaycard using wrong default date

Hi Noah,

Thank you for your reply. Much appreciated.

Yes I have checked my Experian credit files. it shows as default registered in June 2012. From the SAR I have received from Barclays I can confirm that the last payment was made on April 2008. I have been advised to write to Barclay card as they are the original OC. Barclay card sold the debt with the same default date June 2012 to MKDP and MKDP also registered the default on the same date. I want to remove this default as it is now also statute barred. Please advise whom should i write to, Barclay card or MKDP.

[johnydevanand]

Re: Barclaycard using wrong default date

Hi members,

Can you please advise me on how to get the default on my credit file removed. Your help is much appreciated.

[Kati]

Re: Barclaycard using wrong default date

[MENTION=1508]Nibbler[/MENTION] [MENTION=48934]Debt Camel[/MENTION] ... any ideas??

[nemesis45]

Re: Barclaycard using wrong default date

Hi members,

Can you please advise me on how to get the default on my credit file removed. Your help is much appreciated.

Good morning,

The late placing of defaults is becoming common with Barclays and Barclaycard.

The approach to this problem is to make a Formal Complaint to the Data Controller
at Barclaycard.

This needs to be along the line of the following.

Ref: Barclaycard No.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,:

Formal Complaint:

Ref: Unfair Late Placement of Default:


Sir / Madam,


I refer to the above mentioned Barclaycard account which has been assigned to MKDP LLP on date:............:

It has come to my attention that Barclaycard as registered a default with credit reference file dated ....................:,
this is some No. of months after the " cause of action" i.e. the cessation of all payments and activity on this account.

I am sure Barclaycard is fully aware of the Information Commissioners Office Guidance on defaults and the need
for defaults to be placed within a reasonable time, usually no more than 6 months after the cause of action,

To register a default as late as this one places me at a distinct disadvantage in relation to the provisions of the
Limitation Act 1980 in the had Barclaycard acted in accordance with ICO guidance and registered the default promptly.

One can only assume that Barclaycard is knowingly registering defaults immediately prior to selling of accounts to companies
such as MKDP providing the debt purchaser an extended window in which to pursue a debt.

I require Barclaycard to amend the default date to within the guidance time scale i.e. within 6 months of the date of the last
payment made to the account.

I am aware that MKDP cannot itself amend the unfair default date., an any attempt to state otherwise will be refuted.

I am aware also that a Formal Complaint allows a 56 day timescale for investigation and response however as this is complaint
warrants prompt action.
I reserve the right to make a complaint to the ICO and a report to the FCA regarding the conduct of Barclaycard in this matter.

Yours etc.

Use signed for post and check delivery date.

Hope that helps.

nem

[Nibbler]

Re: Barclaycard using wrong default date

Yes, quite common for Barclaycard. They have been going through correcting some of these obvious wrong default dates on some accounts, but obviously not here.

[nemesis45]

Re: Barclaycard using wrong default date

Yes, quite common for Barclaycard. They have been going through correcting some of these obvious wrong default dates on some accounts, but obviously not here.

Morning Nibbler,

There's far to many "errors" of this sort cropping to be coincidence, anyone with a delinquent BC account needs to keep a very careful watch
on credit file activity.

nem

[Nibbler]

Re: Barclaycard using wrong default date

The retrospective and unprompted corrections they have been doing on some people's accounts shows they are well aware that there was a systemic 'problem' a few years back, and some arse covering has been taking place.

[nemesis45]

Re: Barclaycard using wrong default date

The retrospective and unprompted corrections they have been doing on some people's accounts shows they are well aware that there was a systemic 'problem' a few years back, and some arse covering has been taking place.

I agree, BC seems to believe that accounts already sold on are no longer a problem for them.


Last summer when dealing with a BC account I phoned them and asked to speak to a manager in the
Data Control department, only to be told " I don't think we have one"! As you say arse covering in
the extreme.

nem

[Debt Camel]

Re: Barclaycard using wrong default date

Agree Barclaycard is becoming a nuisance. I've been looking this morning at a case where they have been refusing to mark an account as settled after bankruptcy discharge

[Nibbler]

Re: Barclaycard using wrong default date

I agree, BC seems to believe that accounts already sold on are no longer a problem for them.

Actually, if I recall correctly, I've seen one or two where the retrospective correction has been applied even to accounts that have been fully legally sold on.

Probably in cases where where the sale agreement or processes in place make that easy for BC to achieve, and/or the purchaser cooperates.

Def in the minority on those though...

[Nibbler]

Re: Barclaycard using wrong default date

Agree Barclaycard is becoming a nuisance. I've been looking this morning at a case where they have been refusing to mark an account as settled after bankruptcy discharge

That at least is very clear cut. Although should be satisfied, not settled, perhaps also with a 'partial' flag.

Not wishing to derail this thread, but did they give a reason?

[johnydevanand]

Re: Barclaycard using wrong default date

Good Afternoon Members,

Thank you very much Nem for your advise and the letter. It has given me immense amount of confidence and reduced my stress. I am highly obliged and grateful to you for replying to my post.

I will write to Data controller at BC as you have advised. Thank you once again.

I would also like to thank Nibbler, Debt Camel & Kati.

I will keep you all posted.

Thank you

[Debt Camel]

Re: Barclaycard using wrong default date

That at least is very clear cut. Although should be satisfied, not settled, perhaps also with a 'partial' flag.

Not wishing to derail this thread, but did they give a reason?

well in this case I was just reassuring an IP (who you would have thought would have known this) who was asking for a client that the default really would drop off after 6 years, which is a few weeks time ... so no, I didn't ask to see the correspondence