Retrospective Default what happens to DCA records?

[frozen1]

Hi there,

I had a Barclaycard I thought had been defaulted with the CRAs back in 2009 due to a Notice of Default I had received.

Barclaycard actually added late payment markers '6' for over two years before closing the account and selling on to Cabot.

I have spoken with Barclaycard and I think they are going to agree to a retrospective default. However, I am arguing this should have been added in May/June 09 when they first sent a Default notice and applied default sums to the account. They are saying however, Oct 09 is when their records showed the account was regarded as a defaulted account and when they would potentially add a retrospective default. They also say that was the date they sent the Default notice. However, I have the letters Notices of Default for both May 09 and Oct 09 and they are EXACTLY the same.

Obviously if they do this and it is May they agree to then the account would be 6 years from default and should be removed entirely from my file, correct?

But what would then happen to the Cabot entry? It is the same debt but they are currently reporting an arrangement to pay (albeit they haven't shown the diminishing balance of those payments since they took on the account in 2011). I have already written to both Barclaycard and Cabot and the CRAs complaining and requesting they are both removed. Cabot are displaying an inflated balance due too and I am pretty much sure the account would be clear based on the original debt sum but Barclaycard must have added multiple charges and interest...plus PPI.

Anyway what I need to know is how do I go about it if Barclaycard agree to the retrospective default to make sure Cabot remove the account too? Or would I need to take it up with the CRAs?

Thanks

[frozen1]

Re: Retrospective Default what happens to DCA records?

Sorry or to put another way...

Can a defaulted account only appear on your file once as an account entry?

What is the correct legal jargon I could cite in my request (again) for Cabot to remove their subsequent reporting on the account? Or would that request be made to the CRAs directly?

Many thanks for any advice!

[Nibbler]

Re: Retrospective Default what happens to DCA records?

Cabot would need to adjust their entry to match the default status and date of the BC one. If they refuse or mess you about, you would take them to the ICO and FOS.

[frozen1]

Re: Retrospective Default what happens to DCA records?

Thanks Nibbler. I managed to call Equifax yesterday evening (Experian was closed). They aren't showing either accounts which is great- when I asked how this should be displayed or corrected they confirmed the same. Whereas I thought it would be Barclaycard as the original creditor to add the default they said it would be Cabot who need to backdate the status to that. Confusing because Cabot didn't own the debt in 2009 but apparently they can do it that way.

However, how will I actually request that of Cabot? Do I need a letter from Barclaycard stating the account was regarded as defaulted as such and should be displayed now as a default (backdated)? I am hoping they agree the May date of default so that it comes off altogether. Again, would Barclaycard need to provide a letter saying the account should no longer appear adn would a letter such as that be enough for me to pass to the credit reference agencies to amend their records?

[Nibbler]

Re: Retrospective Default what happens to DCA records?

Yes, it would obviously be best to have a letter/email or something else proving BCs decision that they had misreported the default date, so by inference the Cabot one must be corrected accordingly if it is to be accurate and not in breach of the DPA.

You could try such a letter with the CRAs, but in most cases it will not be enough and it will require the reporter of the data to inform the CRAs from their end that the data must be changed. Be that BC on any entry of theirs that is still there, or Cabot on theirs.

[frozen1]

Re: Retrospective Default what happens to DCA records?

Update...
So after dealing with 'Level 1' complaints handler at Barclaycard last week who had verbally said the account was served a default notice in October 2009 and should be backdated as such I was passed to a 'Level 2' handler. Because level 1 have 48 hours to resolve and I was out on the afternoon he had rung me back to resolve.
'Level 2' handler was very sympathetic but extremely busy but committed verbally to let me know within the week the outcome of his investigation and send a letter out this coming Monday confirming. Lots of hints that I would be happy and genuine power game playing. Rang him daily for an update. Strung out until today called back he had left at 3.30 but note on file said the default would be backdated to Mar 10. The letter I was promised to receive on Monday is now to be sent on his annual leave return in ten days time!!!

Asked for a manager to call me back. Again challenged where they got the Mar 10 date when the last payment I made within their terms was Jan 09. DMP token payment first made Nov 09. I explained the first level 1 handler had told me they had a notice of default recorded on Oct 09. She said he wasn't as well trained as the Level 2 handler. Level 2 handler had said Level 1 handler had made a mistake as the default notices were very confusing?! I said if your staff can't tell them apart how is Joe Public meant to???

So last payment made within terms was Jan 09. Token payments accepted from Nov 09. I had entered a DMP on the back of believing default notices from Mercers had meant the account had been defaulted and registered as such back in May 09. The manager today said she would have another handler look at it on Monday but currently their offering was a backdate to March 10 and £500 compensation. The original debt was only about £250!!!

Meantime, I had initially made a partial settlement offer directly to Cabot by e-mail They did not respond so I chased up. On the same day I sent a recorded letter of complaint that they have reported the wrong amount and that I expected the default to be backdated.

I received a £250 F&F offer from them to reply by 23rd June. Checked my Experian file a couple of days ago and guess what? Cabot have issued a default backdated to the 20th Feb 2015 on the same day they send me a letter acknowledging my complaint 16th June 2015!!! Also defaulted at a sum I don't recognise. I've had no default notice and if it was meant to be defaulted in Feb 15 why have they only registered it in June??? Have complained to Experian and they just say they have to follow the creditors instruction, I'm too upset to pick up the phone to Cabot directly.

My head is battered.

[Nibbler]

Re: Retrospective Default what happens to DCA records?

In the end Cabot will have to match the default date you settle on with Barclaycard, as they are not allowed to show one more recent than the one from the original creditor. So may be best to stop arguing with Cabot until that is sorted, otherwise you are fighting with a moving target and it will just be confusing both ends.

If you want to argue, complain and say that they must liaise to get an accurate backdated date otherwise you will be taking them to ICO/FOS etc.

Cabot do not need to issue a DN or notice of intention to record a default on your credit files, as they should simply be mirroring the original creditor's one and don't require any extra notices as they are in effect the same default. It's just here that they are completely out of sync with BC. 2015 is an absurd date to use though.

[frozen1]

Re: Retrospective Default what happens to DCA records?

So good news is Barclaycard have responded and taken off their late payment record entirely and say they have instructed Cabot to remove their account too! I dealt with 3 members of staff before I got the result I wanted. The default backdated to May 2009 and wiped off for good. Also offered £500 compensation. I personally think this is a Wonga level style complaint that has been swept under the carpet by the big banks and fully intend to complain further once I am over the immediate predicament and have the energy!

So Barclaycard have updated CRAs immediately....but Cabot haven't! Still showing a default of Feb 15!!!
I had already complained to Experian how an account already recorded as in dispute could have had a default added as recent as this. Also e-mailed them to say 'OK Barclaycard have instructed you to wipe their file as the account should have been defaulted in May 09 which you have updated now can you remove Cabots entry for the same debt '....however, I am worried they will maintain Cabot have to instruct them first to remove the Feb 15 default. And that they will be difficult and not do this.

Seems unfair that I have to chase both the original creditor and subsequent creditor to show my data correctly!!!

Is there a timeframe a creditor has to abide by to update account info??