Barclaycard - double default on credit file ???

[ncf355]

Re: Barclaycard - double default on credit file ???

I must disagree that "default dates are plucked from the air", creditors have in the vast majority of cases specific conditions in the agreement that will lead to default and a time scale for it.

Hi Nem,

Firstly, I fully accept the Default is null and void if remedied, in all my comments I have added the qualifier that the DN could only be used as a PoR where the debtor has failed absolutely to pay arrears/full contractual payments.

On this note, I also accept your comments that a lot of people are spooked by the DN and make arrangements that they can't hope to keep to.


I can believe that the Creditor has specific conditions that trigger a Default, but it can never be argued in a court of law that once a debtor has reached 5 missed payments, it is then reasonable to carry on marking '5' when the 6th payment is missed as it is clearly an inaccurate record of the Debtors account when the CRA has the systems to record '6' or 'D' (I note that the CRA's appear to have varying systems once '6' is reached - some require an actual 'D' marker for Default, whereas others consider the '6' to be a Default.

So, regardless of what system the Creditor is using, what they SHOULD be using is 3-6 months from the date of the last full contractual payment = Default (this, as I have said before, assumes the Debtor continued to fail to make the full contractual payments.


Anything else (I should say IMVHO and experience!) is open to argument via complaint to (in order of preference, I would imagine):

1) The Creditor /DCA itself

2) The ICO

3) Ultimately, the courts


Another point worth noting, is if the Debtor enters an arrangement to pay (payments less than the contract requires) but then they go on to fail to keep to this agreement, it is the ICO's position that where a Default is then recorded, it should still adhere to the 3-6 month guideline.

This avoids people that have made some effort to pay effectively ending up worse off than those that just stopped paying.

[nemesis45]

Re: Barclaycard - double default on credit file ???

Conversely on the matter of AP markers being used rather than a default being placed at the inception of the AP the ICO contradicts previous " guidance " by stating that data reported to CRA's " SHOULD" reflect an accurate and up to date picture of the conduct of an account, thus if prior to the inception of an AP a DN has been issued and the creditor considers ( in line with its business practices) that is beneficial to it and the debtor to consider the DN remedied and the AP continues to be reported, until the creditor takes " a commercial" view on its delinquent accounts and of loads a portfolio of such debts defaulting them immediately prior to sale. ( Welcome Finance/ Barclays/ and in a slightly different context PDLC's and sale of debts to the likes of MMF).

What is needed is clear enforceable regulation Not " guidance".

[ncf355]

Re: Barclaycard - double default on credit file ???

...................

What is needed is clear enforceable regulation Not " guidance".

On that point, you and I are most definitely agreed!

This should have been put to bed YEARS ago

[spirit2534]

Re: Barclaycard - double default on credit file ???

Hi
Does a Default Notice have any relevence to whether a debt is statutory barred?
I'm here assuming that no response was sent to such a notice.

I'm assuming that either a payment or ackowledgment from the debtor is required.

Just added this to an existing thread on Default notices, is that right?:wub:

[nemesis45]

Re: Barclaycard - double default on credit file ???

Default notices have no connection to statute barring, Nor do DN's mean that a default has been placed.

[Sparkie1723]

Re: Barclaycard - double default on credit file ???

Default notices have no connection to statute barring, Nor do DN's mean that a default has been placed.

Absolutely.......lenders can apply defaults on credit files on loans that do not exist as is determined and shown by our court case.
Sparkie

[McGinty]

Re: Barclaycard - double default on credit file ???

Got a reply from Barclays today.They have dug deep on this one-three and a bit pages. Would like some opinions on it please as it is above my head.

[ncf355]

Re: Barclaycard - double default on credit file ???

Hi,

Sorry it took so long to reply -

I don't understand how they are claiming they have met the S78 request, but you have said they haven't set a copy at all?

Obviously you need to avoid going straight to court as that is never the right way about things


I'd recommend contacting the Information Commissioners Office and placing a formal complaint stating that you believe the Default date is inaccurate, and that it should either be the date of the Default notice, or (at maximum) 6 months after the date of last payment.

Make the complaint about Barclays, NOT Mercers - I got caught like this - made a complaint about a DCA, it took 6 months and then the ICO just said the DCA was acting on information supplied by the OC (despite my evidence to the contrary, I might add)

If you think a 3 - 6 month timeline to get a result from the ICO is too long, your only other avenue is court action via the small claims court

[McGinty]

Re: Barclaycard - double default on credit file ???

Hi-Thank you for that. I have loads of patience so no problem there. Reading their reply, I was thinking it had been sent by an inexperienced member of staff who is probably narked by the audacity of it all! They have not supplied a copy of the original credit agreement-the nearest they got to it was a copy of a screen capture giving a few details of the application. They have not come after me for any monies as they know I won't pay and they don't have the necessary to take me to court. The default by Barclays was done without my knowlege, there was no DN served to me as at that time I was keeping everything on file. Perhaps that is something else we could tackle them on. Would it be worth doing a SARS again as if they had sent a DN in 2010, a copy would exist? Either way I really appreciate your advice and will be guided by this. Mc

[ncf355]

Re: Barclaycard - double default on credit file ???

They would only claim they don't have to keep a copy of the DN, which is true.

As we are talking about a card here, the date of Default in the eyes of the ICO would be 3- 6 months after last full contractual payment.

So if as you say you have the patience, I'd kick off a complaint to the ICO , but as said make the complaint about Barclays, NOT Mercer as that could complicate matters.

If you look on the ICO website you can get details on there for a form to fill in and then email to them about your complaint.

Keep us up to speed with how you get on!

[ncf355]

Re: Barclaycard - double default on credit file ???

Oh, and i dont think it's a junior member of staff that replied, that's probably a Barclaycard standard template that appears to operate the

"If you can't dazzle them with brilliance, baffle them with bulls**t" approach!

I also think it's what they'd normally send where they have sent the debtor a copy of an agreement that is non complaint and are trying to pass it off, because in your case they have sent nothing at all, yet are still trying to convince you that they have sent what the law requires.

The idiocy that still exists in some of these banks is quite beyond me, but I guess even if 1 in 10 debtors swallow this cr*p then they have 'won'


:tinysmile_cry_t:

If you have the time, I would ask that you copy the response BC sent and send to the FSA for their opinion on it as a response to your S78 question (obviously stating what they have sent - a screen shot)

[McGinty]

Re: Barclaycard - double default on credit file ???

I have put a letter together for the ICO-Could you please have alook and advise. I have dealt only with the validity of the dates of the default-not the s78 non compliancer-is that okay?

I wish to make a complaint against Barclaycard. I have recently checked my credit files with 3 different reference agencies and they show that Barclays defaulted account number 492942577 on 8th August 2010. A default notice was issued by Mercers( an internal part of Barclays debt collection) on 11th September 2009-copy attached. It is my understanding that under the guidelines set by ICO the default should have occured not later than a 6 month period from when the default was originally issued. This should mean the default should have been registered prior to March 11th 2010-not 8th August 2010 as they have done. I would be very grateful if you can advise on this please.