Wrongful Default on CRA

[Nibbler]

Re: Wrongful Default on CRA

Complain to Arrow, telling them that Barclays have already corrected the date back to 2008 their end, and so Arrow must do the same.

Complain to Barclays, saying that they have apparently failed to pass on the CRA correction to Arrows, resulting in them reporting inaccurate date to to the CRAs.

Tell both that unless the problem is sorted and the entry backdated and removed, then you will be taking them to the FOS and reporting it to the ICO.

It's then in Barclays and Arrow's court to sort out which of them has screwed up and sort it.

I agree with DC. Unless you can prove substantive loss, then suing is not a good option. Our friend Rico with his laptop issue in the High Court shows this is a nightmare thing to try.

[Nibbler]

Re: Wrongful Default on CRA

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.

http://www.theguardian.com/money/201...-hsbc-pc-world

is still not getting any compensation despite winning in the supreme court

Wrongful default ratified - Redress still denied.

[QueenVIc]

Re: Wrongful Default on CRA

Seems unfair as most things in this life.. I know what Loss feels like in every way.. Thanks Nibbler. I will do as you suggest if AG don't play ball.

[nemesis45]

Re: Wrongful Default on CRA

Unfortunately it can take some considerable time for adjustments to be registered with the CRA's if this has not happened in 28 days complain to the Data Controller at AG.
I agree with the others there is little chance of compensation here, you were I think offered £100 which is fair I think.

nem

[Berniethebolt]

Re: Wrongful Default on CRA

As a separate issue, if you want to look at unenforceability the first question would be the have you sent a CCA request?

When that comes back it may be that the agreement is fatally flawed although for a debt dated 2006 it is unlikely although not impossible.

It maybe that they can not produce anything in which case until they do it would remain UE

[nemesis45]

Re: Wrongful Default on CRA

Payments have been made currently and there is no talk of enforcement action!

[Berniethebolt]

Re: Wrongful Default on CRA

Is the debt still legally enforceable after 6 years Limitations date.
I am still paying on a regular basis small amounts.
the
.

Payments have been made currently and there is no talk of enforcement action!

As questioned above the OP was asking if the account was enforceable , so the answer was about what steps you would need to take to find out if the account was unenforceable, nothing to do with active enforcement as such but a point everyone seemed to have missed

[nemesis45]

Re: Wrongful Default on CRA

Simple answer is yes enforcement is possible.

[Berniethebolt]

Re: Wrongful Default on CRA

Actually you have no idea if the debt is enforceable or not unless you are privy to details that haven't been shared
Possible questions
1) Has a CCA request been sent and if so has it been complied with
2) Is the agreement correctly executed, if not S127(3) comes into play
3) Has a DN that complies with the CCA been issued

So I doubt very much if you know if the agreement is enforceable or not.

The only thing that can be said with any certainty is that the debt is not SB