Wrongful Default on CRA

[Nibbler]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Statement was for the OP Nib!

nem

Fair enough....

but you quoted me though, which makes it look like you are directing the comment at me.

twice ^^^ lol

[nemesis45]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Fair enough....

but you quoted me though, which makes it look like you are directing the comment at me.

twice ^^^ lol

Yes, can't seem to stop these double happening it only occurs occasionally and sometimes can't be edited out.
nem

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Okay that's not how it looks to ordinary folk! It looks like Red D 2015 at a glance...

So it's a previous single Default I never knew I had? As I had an previous arrangement with them In Feb 2008 and they defaulted me in Nov 2011 as listed on the Noddle sheet even though I was making regular payments. .. The date takes effect from Feb 2008-2014 for 6 years. Then it drops Off File. Supposedly!

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

There is another company involved NCO Europe who I am told is managing the Debt and has given me a ref number and I have to change my Bank details to this group although Arrows bought the debt off Barclaycard. How confusing is this for the ordinary customer Why is this so?? This other Company who was named Risk Management...

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Nemesis
...does an account not become SB after 6 years from the original A2P
case Feb 2008 that was defaulted in Nov 2011 not aware or having received any warning they waited 3 years to default me although they had my Mobile Number I feel this is very unfair.

[MIKE770]

Re: Wrongful Default on CRA

CONC 7.15 & Stepchange response:-


For regulated debts, the six years starts from the point the creditor is entitled to take legal action for the whole balance according to the terms of the agreement, not the date the default notice was issued or expired as some creditors will claim. This is because the creditor could unfairly prolong the limitation period by delaying sending the default notice, for example if it took the creditor over a year to send the default notice then that would give them another year to collect the debt. That kind of action would be unfair to you.

To accurately work out the start of the limitation period, we would suggest you check the terms of the agreement and the date of your last payment. The agreement should indicate how many payments you have to miss or how far behind you can get with the payments before they would be entitled to take legal action against you to collect the debt.

So the six year limitation period starts from whichever of these is the most recent:

· The date of default worked out according to the agreement (not the date of the default notice)
· The date of the last payment
· The date of the last written acknowledgement

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

Nemesis!

Thanks I will put up a screen shot link of the data... give you better idea! Of what I am on about... Give me a moment see below.

[QueenVIc]

Re: Wrongful Defaults on CRA - BBC WatchDog - Important

https://gyazo.com/85db34f83ac623c9537466df849b2d52
click the link!

QV

[QueenVIc]

Re: Wrongful Default on CRA

My Payments were first reduced in Feb 2008 when I first got into difficulties, have a Statement showing this it was confirmed yesterday that this was done on an AP basis at this point. Then continued from my new address I still reside from Oct 2008 arranged via CCCS Debt Management advice.
However I know the date that the debt was sold over to (NCO Europe ) Arrow Global Ltd 10/10/2011 from Risk Management/Barclaycard last time it was In their hands. I am wondering why Barclays took so long to inform me of the Default then went on to do it in Nov 2011 or maybe Arrow Global did it??.. I didnt miss payments just reduced them and have continued since that time.

[Debt Camel]

Re: Wrongful Default on CRA

Trying to summarise the position for QueenViv:

- As you have been making payments, this debt is not statute-barred. (Statute-barred has ABSOLUTELY NOTHING to do do with anything that appears on your credit record - the fact that "6 years" matters to both defaults coming off your credit file and time for a debt to become statute barred means these get confused but there is no legal link.)

- It sounds as though Barclays have agreed to change the date of the default to be earlier. Once this has happened, you should inform Arrow who have to make the same change. If they do not, then put in a written complaint to them. If that doesn't work, put in a complaint to the ICO. Details here about putting in these complaints: http://debtcamel.co.uk/debt-default-date/

- if you want to get a mortgage you have to first deal with the debt that will have dropped off your credit file. It is still legally enforceable. A mortgage lender is very likely to ask you to list your debts and this will have to be included. I suggest trying to get a Full & Final Settlement on this debt. See http://debtcamel.co.uk/dmp-mortgage/ for details.

- I can't see you have any grounds for trying to sue Barclays. They have agreed to correct the problem.

[QueenVIc]

Re: Wrongful Default on CRA

Thank you Debt Camel very helpful.. Yes Barclays have said they will amend the error, this has been agreed by email on the 16th Sept a cheque sent for £100 sent for telephone expenses.. I have informed NCO Europe who are supposed to be acting on Arrow Global's behal which is the transferred debt sold by Barclays.
(There is only one default) https://gyazo.com/85db34f83ac623c9537466df849b2d52
click the link!
Is the debt still legally enforceable after 6 years Limitations date.
I am still paying on a regular basis small amounts.
the
Barclays may be correcting the problem of the limitation date but this has and was affecting my Credit file and Creditworthiness, if I hadn't seen it I would have continued in the same situation until November 2017 having problems with the inability to obtain further credit, EXAMPLE additional Mortgage.

[Debt Camel]

Re: Wrongful Default on CRA

Is the debt still legally enforceable after 6 years Limitations date.

No, BUT the "limitations date" hasn't started because you are still making payments to this debt, See http://debtcamel.co.uk/statute-barred-debt/ for more details.

Barclays may be correcting the problem of the limitation date but this has and was affecting my Credit file and Creditworthiness, if I hadn't seen it I would have continued in the same situation until November 2017 having problems with the inability to obtain further credit, EXAMPLE additional Mortgage.

You can't sue someone on the basis that you may have been disadvantaged in future if you hadn't noticed the problem and got it corrected.

To sue you have to be able to show that you have already suffered some loss. I don't think you are going to be able to do this.

[Nibbler]

Re: Wrongful Default on CRA

https://gyazo.com/85db34f83ac623c9537466df849b2d52
click the link!

QV

So, it is this one that applies then.

Trying to establish the nature of what is wrong on your reports right now, as that determines who to and how you complain.

Either

- The Actual default from Arrow has an original date of 2011 which matches the original Barclays one - no matter when their status history reporting starts. In that case they would be reporting the original default date that Barclays recorded, and would have given to Arrows to put on their entry. So in that scenario a lot of the blame would attach to Barclays for not informing Arrow of the later correction, or to Arrow for ignoring it if they were informed.

or

- The actual default date recorded by Arrow is 2015, which would be absolutely wrong, and is unlikely to be part of any data Barclays gave them, so would be down to Arrow as a mistake or misreporting on their own behalf.

[QueenVIc]

Re: Wrongful Default on CRA

So should I contact the Commissioner's Office and report them Arrow Global Ltd?

[QueenVIc]

Re: Wrongful Default on CRA

No, BUT the "limitations date" hasn't started because you are still making payments to this debt, See http://debtcamel.co.uk/statute-barred-debt/ for more details


You can't sue someone on the basis that you may have been disadvantaged in future if you hadn't noticed the problem and got it corrected.

To sue you have to be able to show that you have already suffered some loss. I don't think you are going to be able to do this.

If the data is misrepresented concerning a person it must affect their Creditworthiness surely, and that is unlawful amounts to defamation. I think... whether aware of it or not..Not knowing I was served with a default notice is worse as Barclays had my Mobile Number and could have warned me.