Default notice

[Bomber99]

hello all

Barclaycard took over my goldfish credit card and later on sold the debt on to link. In Oct 2017 link put a default notice on my credit records with credit references agencies After speaking to Barclaycard today they said the default notice was sent out to me from them on 22 July 2009.
My question is; can I get link to remove the default on my record with the credit reference agencies
thank you

[Bomber99]

Any help with this please

[Bomber99]

Hi

Today I received the DSAR from Barclaycard. Within it was the default notice sent out to me by Mercer’s Debt Collections Ltd The date on the notice was 22 July 2009
Link brought the account in March 2015 and put a default against the account in October 2017
Can I get Link to remove the default that is showing with credit reference agencies and if so how do I do it.

Thank you for any help given
Bomber99

[Amethyst]

Yes indeed, it should have defaulted at expiry of the default notice, so August 2009, when the account defaulted and it should have fallen off the credit file in Aug 2015.

Raise of query with each of the CRA's about the Default....

You can ask for an inaccurate default record to be updated or removed by raising a credit report dispute. Here’s how to do this:

• Get your credit report to see the default entry
• Get in touch to tell us how and why it should be changed
• We’ll contact the lender and ask them to check the accuracy of the data they’ve given us. In the meantime, we’ll add a ‘Notice of Correction’ to your report so other lenders know it may be inaccurate
• We’ll let you know the lender’s response. You can also contact the organisation directly yourself
• If the lender realises their data was incorrect, your report will be updated to reflect this. If they think they were correct and you still disagree, we’ll help you understand your options

Note that we can’t change or remove a default on your report without the lender’s permission. However, we’ll do everything we can to help you sort out a dispute.

and you can also contact Link directly and tell them to remove it. Barclaycard may have sent out a default notice but never actually have defaulted the account. I assume you haven't paid anything since the default in 2009 and the debt would be statute barred by now ? Have they been chasing you for the debt at all?

A SAR to both Barclaycard and Link would be a good idea too Subject Access Request Letter - in case they argue that it wasn't actually defaulted.

[Bomber99]

Hi Amethyst
Thanks for your response it’s much appreciated
I was paying Link up to 2017. Done s78 to Barclaycard and Link. Barclaycard came back saying couldn’t supply documents. Have today received my DSAR back from Barclaycard and did not have the agreement, terras and conditions or stamens of account so at present looks like it is unenforceable. Have had a few please pay us letters from Link since they sent the default letter.

I will be sending a letter to Link asking them to remove the default.
when I send the letter to them should I send a copy of the Barclaycard default notice as well

Thank you
Bomber99

[Bomber99]

Hi all
I have received a letter from TransUnion in response to my complaint about Link placing a default with credit reference agencies
In the letter it advised “ After investigation, Link Financial has advised that the disputed entry (default notice) cannot be amended as per your request as the default was registered correctly when payments were missed. If you would like to discuss this matter further, please contact Link.
So on 22/10/2019 I sent link a letter disputing the default that they had put against my credit record and I also included the original Barclaycard default notice for this debt. I gave them the usual 14 days to respond. I called them on Monday to ask if they had received my letter and they said they had but the default notice was not with it. I then resent the default notice (signed for)but this time addressed it to their complaints department .
so today I received a letter form Link telling me they had registered the default correctly and to contact them if I had any problems with this.
I have contacted the complaints/disputes team and was told to ignore this letter and they were now investigating my complaint. They told me they have “56” days to look into this, and the 56 days would count from yesterday before I could complain to the ICO or FCO
Is it correct they have 56 days before I can put a complaint in and if so should the 56 days start when my first letter was sent to them on 22/10/2019

sorry for the long post but I am trying to remove this default which is the only thing ruining my credit score
Thank you
bomber99

[Bomber99]

Amethyst
Hi Amethyst
any thoughts on the amount of time Link say they are entitled to in investigating my complaint before I can put an official complaint in with the ICO or FOS

[Amethyst]

8 weeks or a final response within 8 weeks before you can complain to the financial ombudsman xx and yes starts from date they received your 22 October letter ( so 24th allowing for service )

I don't believe the ICO has such a rule though

[Amethyst]

Okay, ICO has a one month rule...( although that is for access requests IMO - though going through the complaints app about mishandling of data says the same thing ) Might be worth calling them ( number below)


from https://ico.org.uk/make-a-complaint/...ncerns-report/

Personal information - concerns report

Download options (Opens download panel)

That is allowed

From 25 May 2018, organisations have one calendar month to respond to a request. If the request is complex or extremely time consuming they may be able to take longer. They must, however explain this when they respond.
For any concerns that date back before 25 May 2018, organisations have up to 40 days to respond to a request.
For further advice you can contact us via our live chat service or call our helpline on 0303 123 1113.

[Bomber99]

Thank you Amethyst
your advice is always greatly received.
Couple of good points on this account are Barclaycard informed me they could not supply me with a copy of the executed agreement ( and any document referred to in it)
They also wrote to Link on the same day and informed them they were unable to supply the Historic and Varied terms and conditions.
So hopefully Link will accept they have little chance of winning if they go to court.

[Bomber99]

Hi all
just a quick update
Link have informed me they are still looking into my complaint.
They state they have had to contact Barclay’s again in regards the Default Notice that I received from Barclays, because “ when they brought the debt Barclays informed them the debt had not defaulted”

[Bomber99]

Hi Amethyst
Barclays are now saying the default was never registered because I set up a debt management plan with them. What they are now saying is, when Link purchased the debt and I stopped paying Link (due to them being unable to produce the agreement) Link were in there rights to default the account and register it against my credit record. Is this correct ?

I thought if you are sent a default notice and go into a debt management plan, after 3-6 months the credit company should notify credit reference agencies.

thank you for any response you kindly give

nomber99

[Amethyst]

Did Link send you a default notice ?Â*

The barclaycard default notice gave you a certain amount to pay by a certain date to avoid defaulting - you did not meet those terms and bring the account back in order - you arranged token payments instead. IMO the account should still have defaulted and been marked as such after the deadline for rectifying.Â*

However IF it didn't default ( thus deemed rectified ) Link would need to have sent you a default notice.Â*

You could take it to the ombudsman and ICO if that is their final response.Â*
Â*

[Bomber99]

Hi Amethyst
Link did send a default notice 24/05/2017

Barclaycard did give an amount and date to stop account defaulting but I did not bring account back to order.

I did start making token payments through a DMP up until it was sold

will up load the default notice later

thank you for your response, as usual it is much appreciated

[Amethyst]

Was the DMP a direct arrangement or through a DMP provider ?Â*