6 payment late marker for 15 continues months!!

[andy99]

I had barclay card which I could not pay from September 2011. Barclay market 6 payments late for 16 months until I fully paid on August 2013. I have wrote a letter them telling that it is against ICO guideline. They had sent me default notice but never defaulted me. It looks like they use this 6 months late payments as a blackmailing tactics.

I am planning to go to court to remove entire account from credit file. Any suggestions? Looking for a expert solicitors to fight the case (as a last option).

[teaboy2]

Re: 6 payment late marker for 15 continues months!!

ICO allows them up to 6 months of defaulted payments prior to issuing you a default. Its not a blackmailing tactic but a chance for you to catch up and avoid a default on your credit file. So 6 missed payments is accurate data reporting and have much less impact on your credit file than a default issued in month 1 that stays on your file for 6 years.

[Nottingham2013]

Re: 6 payment late marker for 15 continues months!!

They have actually done you a favour, had they defaulted you that would have ruined your credit file for 6 years. Those missed payment markers will probably have no effect after 12 months. You have escaped having a default placed on your file and you complain to them and threaten court action?????? Keep pushing them and don't be surprised if you get issued with a default.

[andy99]

Re: 6 payment late marker for 15 continues months!!

Is it not against the ICO's guideline? They started with 1 late payment, then 2, ..., then 6 late payment marker for next 15 months. I really want to remove it from my account. Is there any way. The agreement was unforceable which they had confirmed in writing.

[DJM10118]

Re: 6 payment late marker for 15 continues months!!

I suppose you will have to way up the outcomes of both. I have accounts which should have been defaulted back in early 2009 but have remained on AP markers since this time. I have requested that the accounts be defaulted as they should be removed by early 2015 otherwise the negative markers stay on for a lot longer. My CRA file is rubbish so an extra two defaults for 12 months wont hurt my file and they will all come off at the same time.

In your case if you ask them to default that could stay on until early 2018 which is 6 years from Sept 2011 (Sept 2011 + 6months). Although the late payments will show on your file it may be better as suggested to leave them as they will drop off every month. I'm not sure how far back lenders look on late payments??

[Nottingham2013]

Re: 6 payment late marker for 15 continues months!!

If he asks for a default to be placed it will be dated 14 days after the default notice was sent by the bank. It's a moot point anyway as he has nothing to gain by doing this and will end up in a worse position. The OP seems to be under the impression that contravening ICO guidelines means all information must be deleted when in reality it just needs to be corrected. The whole argument is completely flawed, the plan to go to court is a farce...missed payments only affect your file for 1 year so they should have no effect on your ability to obtain credit now. I predict that should you make a complaint to Barclays (which you will need to do before the ICO will look at the matter) they will issue you with a default. If the agreement was unenforceable why did you pay it? This would make no difference to CRA reporting anyway, legal and CRA matters are almost completely independent of eachother.

[DJM10118]

Re: 6 payment late marker for 15 continues months!!

So in reality if a default is applied it could be (14days + 6months + 6yrs) before the default is removed from the credit file? Some of my accounts had the default applied some 24 months after the original should have been applied!!

In this instance I would agree with Notts unless like myself you could argue that the current markers are putting you in a worse position than somebody who had been defaulted. (doesn't seem the case if missed payments only reflect 12 months on your cra)

If the account is UE isn't there an argument that you couldn't have missed payments or defaulted as there was never a properly executed agreement? Therefore the data is inaccurate which is against ICO guidelines?

[Nottingham2013]

Re: 6 payment late marker for 15 continues months!!

No it will just be 14 days + 6 years, once a creditor has sent you a default notice they are obliged to default you in 14 days. DJM you need to find out when they sent you a default notice, if they sent you one and didn't apply it for months a simple complaint to the bank should see them correct it. If they sent you the notice just before they defaulted you but waited 24 months from the COA they should still backdate it to 6 months but you may have to go to the ICO to force them to do so.

[DJM10118]

Re: 6 payment late marker for 15 continues months!!

Without hijacking the thread I entered a AR with LLoyds late 2008/early 2009 so I would hope that a default would have been applied within 6 months after this date. It would appear from my cra that the defaults were applied June 2010 and November 2010 and will be removed 6 years from this date.

I believe that a default should have been placed no later than 6 months after the initial AR agreement as the AR markers are only to be used as a short term arrangement (ICO Guidelines). I didn't bring the account out of arrears within 6 months therefore a default should have been applied

I have sent a SAR to LLoyds this week so that may show up when the default was actually sent out/applied etc. I have also sent a letter to Lloyds asking them to back date rather than remove. TBH a backdate will be OK as I have 4 other accounts which are defaulted but all due to come off early 2015, except these two Lloyds accounts which will stay for another 1.5/2 years.

My situation sounds slight different to the OP as they will be better without a default from what you say.

[Nottingham2013]

Re: 6 payment late marker for 15 continues months!!

When an arrangement to pay breaks down a default should be filed after the first missed payment or when the total arrears are equal to 3 missed monthly repayments under the original terms of the account.

A consumer who enters an arrangement to pay should not be placed in a worse position than someone who makes no effort to pay at all.

(ICO Guidance on Defaults)

Bottom line a default should never be placed later than 6 months after the original cause of action, if you enter an arrangement to pay this should not delay the placement of a default should one be placed. Even if the arrangement to pay breaks down after the initial 6 months the default should be backdated to 6 months after the original COA.

[Nottingham2013]

Re: 6 payment late marker for 15 continues months!!

As I previously said when they sent you a default notice dictates how easy it will be for you to get it back dates. All banks will backdate it to 14 days after the default notice was sent (assuming no payments or arrangements were made) with a complaint to them. However if they waited an excessive amount of time (Over 6 months) then sent you a default notice be prepared to have to go through the ICO which may take some time but eventually they will be forced to backdate it to 6 months.

[DJM10118]

Re: 6 payment late marker for 15 continues months!!

I don't have the defaults to hand so I can only go on what is reported on my cra at present (might not be accurate). Will the SAR show the actual date the default was sent out via post?

I'm almost 5 years into the 6 years from default dates on most accounts so not long to go now. I feel that because I entered an AR with Lloyds then they have delayed applying the default to the account which means that it will actually be 8 years of poor credit report rather than the 6 years (from AR date) if the default had been correctly applied. I have never broken the AR agreement and in June 2010 I actually increased the amount I paid to them by double. It seems strange that this is when the applied the default to my account.

Not broken AR agreement and increased payment = default

The same applies to two MBNA accounts of using AR markers over defaults. As I am so far into the 6 years now it makes no difference if they apply a default, in fact I will be better off

[Nottingham2013]

Re: 6 payment late marker for 15 continues months!!

Make an official complaint to LLoyds, you have to have received their final response before the ICO will take it up anyway so you might as well get the ball rolling.

If MBNA apply a default you can bet they will put the current date on it. I would ask them to issue you with a default for 6 months after the COA and take it up with the ICO if they refuse as accounts do not drop off your file until 6 years to the date they was defaulted or closed. So they will be on your file for 6 years following the completion of the arrangement to pay and that will effect your ability to obtain credit for at least 12 months, in theory after that they should have no effect but having an account on your file with arrears markers are of no benefit whatsoever and could/probably be detrimental.

[Nottingham2013]

Re: 6 payment late marker for 15 continues months!!

Yes the SAR will show when the default notice was sent. A quicker way would be to make a complaint to them and they will send you a letter within days telling you. Your next step is to definitely make a complaint to Lloyds, I think you can do it on there website.

[DJM10118]

Re: 6 payment late marker for 15 continues months!!

Cheers Notts. I have already sent a letter to Lloyds complaints dept regarding the defaults but not heard back yet...haven't acknowledge my letter either. I was going to give them until tomorrow and then follow up with another letter