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Is this a valid default?

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  • Is this a valid default?

    ,
    I wonder if anyone can offer any guidance on the following?
    Around 2010 I encountered some financial difficulty and fellbehind on payments to my Barclaycard. I did communicate with them and requestedassistance, however, they were not prepared to offer any. When I wasfour months or so in arrears, Barclaycard did not issue a default but insteadsold my account to IDR Link who then contacted me and permitted me to make anarrangement with them.
    A couple of years later I again experienced financialdifficulty and was unable to continue making regular payments to IDR Link. IDRLink then issued a default and registered said default with the creditreference agencies. After failing to come to an alternative arrangement withIDR Link, I asked them to produce documentation which would confirm they had alegal right to the debt, however, they are unable to do so (or refuse). Instead,they continue to insist that the money is owed to them and that they have noobligation to produce any documentation.
    My question is, are they obliged to provide documentation,and did they ever have the right to issue a default, as they were not theoriginal creditor? Also, was it acceptable for Barclaycard to ‘sell’ a debtwithout issuing a default? I ask as the default remains on my credit file andIDR Link refuse to produce any documentation.
    I wrote to the ICO, however, their response was vague, usingthe terms ‘probably’ and ‘likely’ etc.
    Thanks in advance.
    Tags: None

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