Sar request for Barclays Partner Finance

[10pack]

Re: Sar request for Barclays Partner Finance

also if marlin went to court to get a CCJ.. who informs me of this? do they have to tell me before hand?

How long would all this take?

I have visions of finding a letter in the post informing me of a court date from 2 weeks before the letter arrival and in the same post a letter informing me of the CCJ against me.

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

also if marlin went to court to get a CCJ.. who informs me of this? do they have to tell me before hand?

You would get a claim form with their particulars of claim in the post, the only way you could miss it is if they didn't have your current address, Marlin have been known to serve papers to an old address to obtain default judgment. :rant:

How long would all this take?

When the Claim comes from the bulk centre in Northampton, the rules say the Claim is deemed served on you by taking the date in the top right corner being the date of issue, and adding 5 days to it, so it it says issue date 20th then the claim is deemed served on the 25. Then you have 14 days from the 25 to acknowledge service. Once service is acknowledged you get an additional 14 days on top to file your defence, so you get 28 days from 25th.

There are provisions within the rules to seek documents from the opponent and also to agree a further additional extension of time of up to 28 days to prepare your defence.

I have visions of finding a letter in the post informing me of a court date from 2 weeks before the letter arrival and in the same post a letter informing me of the CCJ against me.

As long as they have your current address, that wouldn't be the case, see above.

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

Also the the second default was put on my credit file on 27th of January 2013 after the above letters arrived from marlin, no notice of default, no other communication, I found out about the second default from an Experian alert on my account.

Original default from barclays was October 2010, the default date from marlin is dated December 2011 over one year before their claim to ownership.

If marlin are taking over the loan should not a default date keep the original default date from barclays? otherwise a company can keep a default alive indefinitely just by altering the date with a new default?

See below from the ICO Guidance Notes:

The ‘sale’ or assignment of debts on defaulted accounts


52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.


53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.


54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.

Did you get a default notice (DN)?

[10pack]

Re: Sar request for Barclays Partner Finance

No default notice received from marlin.

The only letters I had was their "letters" that arrived about 8th January, both letters were dated 2nd January informing me they now owned the loan as of 22nd December 2012

[FlamingParrot]

Re: Sar request for Barclays Partner Finance

No default notice received from marlin.

The only letters I had was their "letters" that arrived about 8th January, both letters were dated 2nd January informing me they now owned the loan as of 22nd December 2012

I wouldn't have come from Marlin because they are just debt purchasers, you wouldn't have defaulted on any agreement with them, the DN should have come from the OC, in this case, Barcraps, shortly after you defaulted on the agreed payments, normally 3 to 6 months after your first missed payment.

[10pack]

Re: Sar request for Barclays Partner Finance

my credit file shows 2 defaults..

original default from barclays on october 2010

the second default is from marlin dated december 2011 a full year before they even knew about me.

how can I get defaulted twice for the same debt? and how can the dates be wrong?

I have complained to experian about incorrect information being held by them, they wrote back they are not allowed to alter without the finance company permission, wrote they would put a notice of correction next to it..

to me a notice of correction is worthless, the second default should not be there its incorrect.. and the first default was put on my account while in dispute by barclays.