No Default on Credit File, despite default being issued by Debt Collection Agency

[nemesis45]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

I agree with Nibbler here the account is in an arrangement to pay.
Barclaycard has been notorious for it's very poor data processing.
I believe an investigation was started on this, but I don't know if
it has been concluded.
nem

[inthewind]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Thanks, I'll just sit on it until it's SB and then take it up with them with the threat of being reported to the ICO & FOS/FCA etc.

Thanks for all your help.

[nemesis45]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

At an earlier point it would gave been easier to challenge this using the ICOs Technical Guidance, unfortunately this was updated last year resulting in changes in regards to Arrangements to Pay - v - Defaults I'm think it may be worth trying to get Barclaycard to back date a default to the date of 1month after the last ever payment, do you know when this was?

nem

ps I'll help with a letter if need be.

[Nibbler]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

The old ICO guidelines still apply here as the new updates are not retrospective regards previous historical reporting.

The AP vs default argument may or would have been an issue if this had genuinely been in some sort of low level payment arrangement for the 6+ years, but in this case where no payments were made over that term an AP is completely inaccurate and false under any definition or set of guidelines.

I agree though, Barclaycard have been taking the proverbial p*** over the last 10 years or so, failing to mark obviously defaulted accounts as such, and inappropriate use of AP markers, 6 months in arrears status updates, or just plain not updating records, so that accounts that should have default instead remain indefinitely on reports.

[Nibbler]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Barclaycard has been notorious for it's very poor data processing.
I believe an investigation was started on this, but I don't know if
it has been concluded.

Yes, as the very least BC have been doing their own audits and writing to some people saying they have been misreporting. Seen somewhere that is the result of external pressure due to complaints, but can't recall where I've seen that right this sec.

[nemesis45]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

I seem to remember an article in Credit Today and or a newspaper financial report.
nem

[mystery1]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

That is a proper default notice- BUT- is not a default.
As explained in post 2#

Mercers are Barclays in house collections department.

I disagree. It's maybe meant to be a default notice but it is not. The notice is bad.

M1

[nemesis45]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

In what way?
We have only page 1 of 2 here.

nem

[inthewind]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Shall I dig out & scan the 2nd page?

[mystery1]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

In what way?
We have only page 1 of 2 here.

nem

Without actually doing a more forensic look at the notice and th 1983 regs and comparing, look at the dates, look at the prescribed header, missing prescribed statements. It's absolute bog roll.

M1

[stigger74]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Default notice is invalid!! as has to be issued by the owner or creditor, and an agent under cca1974 doesn't count.

And must also include the address of each party. have they terminated the acc yet?

Tigs

[nemesis45]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Default notice is invalid!! as has to be issued by the owner or creditor, and an agent under cca1974 doesn't count.

And must also include the address of each party. have they terminated the acc yet?

Tigs

A DCA may also and often is a Debt Purchaser, neither can issue a default notice, they can however up date credit reference files with their details.
Barclays in house i.e. same company issues DN's quite properly.

nem

[stigger74]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Agree they can update the credit ref files, in effect the wording would cause it to be issued im properly .
As for Barclays in house issuing DN,s properly, I should show you mine.... ;p

The devil is in the detail when did Barclays change their logo? Looks like a more current logo, At which point did they change from the arrow?

As the wording in consumer credit 1983 no1561 section (2) B "Any notice to be given by the debtor or the owner". the statement we act as agents should render it toilet paper.

Then will confirm that in 10 days time. lol

Not wishing to step on toes, the header isn't the original as is 08 date so not the original...... not a true copy.

[nemesis45]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Mercers is Barclays same company.

- - - Updated - - -

It is irrelevant here as no default was placed.
Mercers is Barclays in house 'collections/pre legal.

nem

[stigger74]

Re: No Default on Credit File, despite default being issued by Debt Collection Agency

Mercers is a dormant company and non trading. And as such is not the legal owner or original creditor. The paperwork is copy and paste special as the document is 10/08 and wasn't the original. so as to try and improve it has been edited. the devil is in the detail...