Default notice

[Bomber99]

Hi Amethyst
it was through a DMP provider (Lawrence Charlton Debt Specialists)

[Bomber99]

Hello Amethyst

can i ask, I would like to do a DSAR with Laurence Charlton but understand they have gone into liquidation,so would I still be able to get this information and if so who would I contact ? My last dealings with Laurence Charlton was the backend of 2016

thanks

bomber99

[Bomber99]

AmethystÂ*Hello
this is the default notice Barclaycard sent out in 2009. They are now saying this notice was not acted on and therefore a default was not registered with credit reference agencies. They said this was just a warning notice before a default notice would be sent out for none compliance. IMO this was a default notice and Barclaycard are making excuses because they sold the debt to Link as not been defaulted. In your opinion would you say this was a default notice

[Bomber99]

Hi Amethyst any thoughts on the default noticeÂ*

[Bomber99]

Amethyst* Hi amethyst. Below is Links final response letter to my complaint regarding the default they put against my credit record. In your opinion would it worth my while taking this matter any further in regards their response letter. Your opinion and advice is much appreciated

[Amethyst]

That Mercers default notice wouldn't be a compliant default notice although it has certainly been worded to make it sound like a default notice. Goodness. Ummm pt2537 what do you think ? Usually we're arguing that the Mercers default notices AREN'T default notices so don't know about arguing that it is. It does say a formal demand will be sent, which if not complied with will result in a default being recorded on the credit file ( which never happened ). Default notices and CRA markers are different anyway - CRA files are meant to reflect the reality ( which is that you stopped paying and the account was terminated in 2009 ) and Link are just arguing what suits their narrative.

They also dont mention correcting the account opening date.

[Bomber99]

Hi Amethyst. Thank you for your reply. *It looks very much like Link has won this argument but not the war as at present they cannot enforce the debt. I would welcome pt2537 thoughts on the default notice * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Bomber99*

[Amethyst]

Entirely unfair ... the default was put on your file over six years after the original 'default' notice and termination of the account. If you could evidence it had been put on your file as a default in 2009/2010 and had fallen off by the time Link got the debt in 2015 and placed the default marker in 2017 it would be useful. I don't know how far back you can get info off the CRAs but worth asking a couple. The token payments should have been being reported as an arrangement if it wasn't defaulted.*

[pt2537]

oh lordy, what are they doing, a default should be recorded at the point the relationship breaks down, now i would say that is the point you fail to make payments and a default notice is served. Its clearly contrary to the DPA and GDPR for this to be added later

[Bomber99]

Hi Amethyst & pt2537 thank you for your replies. Is DPA the data protection act and not sure what GDPR is. Who would I complain to in regard these. *

[pt2537]

DPA is Data Protection Act 2018 and GDPR is General Data Protection Regulation

[Amethyst]

Complaint to ICO (Information Commissioners office ) and*FOS (Financial ombudsman service) in this case as it's financial

[Bomber99]

Thank you Amethyst & pt2537 could I ask who would my initial complaint be against Barclaycard, Link or both?*

[Bomber99]

Thank you Amethyst & pt2537 could I ask who would my initial complaint be against Barclaycard, Link or both?

[Amethyst]

It would be initially a complaint against Link as they have given you their final response and they have assignment of the rights and responsibilities of the debt, and they entered the incorrect record of default.*