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Is this a valid default?

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  • Is this a valid default?

    Hi all,
    I wonder if anyone can offer any guidance on the following?
    Around 2010 I encountered some financial difficulty and fellbehind on payments to my Barclaycard. I did communicate with them and requestedassistance, however, they were not prepared to offer any assistance. When I wasfour months or so in arrears, Barclaycard did not issue a default but insteadsold my account to IDR Link who then contacted me and permitted me to make anarrangement with them.
    A couple of years later I again experienced financialdifficulty and was unable to continue making regular payments to IDR Link. IDRLink then issued a default and registered said default with the creditreference agencies. After failing to come to an alternative arrangement withIDR Link, I asked them to produce documentation which would confirm they had alegal right to the debt, however, they are unable to do so (or refuse).Instead, they continue to insist that the money is owed to them and that theyhave no obligation to produce any documentation.
    My question is, are they obliged to provide documentation,and did they ever have the right to issue a default, as they were not theoriginal creditor? Also, was it acceptable for Barclaycard to ‘sell’ a debtwithout issuing a default? I ask as the default remains on my credit file andIDR Link refuse to produce any documentation.
    I wrote to the ICO, however, their response was vague, usingthe terms ‘probably’ and ‘likely’ etc.
    Thanks in advance.
    Tags: None

  • #2
    Re: Is this a valid default?

    are they obliged to provide documentation

    I don't know what documentation you have asked for. If Barclaycard told you the debt has been sold to IDR, that is sufficient.

    and did they ever have the right to issue a default, as they were not theoriginal creditor?
    yes, there would have been a term in the origincal T&Cs which allowed the debt to be reported to a Credit Reference Agency and that right transfers to the new owner.

    Also, was it acceptable for Barclaycard to ‘sell’ a debt without issuing a default?
    You can certainly complain to Barclaycard that they should have defaulted the debt before they sold it. If they then add a default date, IDR will have to change theirs to the Barclaycard one.


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    • #3
      Re: Is this a valid default?

      Thanks for your help. Much appreciated.

      Comment


      • #4
        Re: Is this a valid default?

        Raise a Formal complaint with Barclaycard.

        Send a CCA request to IDR for a copy of the agreement for the account (CCA Request) There's a £1 statutory fee for this, use a postal order for this marked " for statutory fee only" send for signed for post check delivery date and signature. ( see template in the green box in the " received a claim" page.

        Do you still have the ICO's letter if so please post a copy here after removing your name and address.

        nem

        Comment

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