Default notice

[Bomber99]

Hi Amethyst *Thanks for your response. I have been online and discussed this matter with the ICO and their response was, “ so we can only look into what is factual inaccuracy. We would not act as a dispute resolution service and ruleir response whether what is placed your file is correct. In the first instance yo would need to obtain some form of ruling hat outlines the information is inaccurate, if they do not remove or update it at that point, we could potentially look at the accuracy”. *

Will now contact FOS for their response*
Bomber99*

[Amethyst]

Okay cool.

Just having a look at some FOS rulings on 'similar issues' to give you an idea how they deal with things (haphazardly)

https://www.financial-ombudsman.org....DRN6368450.pdf
Basically make sure you provide all the information requested.* This ruling seems to say ' stuff you, your file was better than it should have been for 6 years while barclays didn't register the default so you deserve it' - which is nice.

https://www.financial-ombudsman.org....DRN6117097.pdf
ignore the PPI stuff - Barclays moved the default date back from 2016 to 2015 here as they'd expect it to show as a default after 7 months of non payments* ( so positive for you )

*

[Bomber99]

Hi Amethyst thanks for the info. I don’t hold out much hope of the FOS finding in my favour, but nonetheless I shall plough on with my complaint.

[Bomber99]

Good Morning Amethyst I had this email from Link today. It’s in response to part of my complaint *to them. Lol

*************************************************

I would like to apologise that these points were not addressed within your Final Response as that was not our intention.

I can confirm that the letter dated the 21st October 2019 did enclose the Default Notice (DFN) issued to you by Mercers Debt Collection, however, due to an administration error this was not uploaded onto our systems until the 31 October 2019, which in turn caused a delay in us contacting Barclaycard plc.

Due to the above issue I believe it is necessary to offer you £30.00 by way of compensation, please confirm if you deem this to be a suitable amount and if so provide the bank details you wish the payment to be made to.

Should you have any other questions or concerns, please do not hesitate to contact our offices further.
*

[Bomber99]

Amethyst

hi just an update
I sent a letter of complaint to Barclaycard with the information given in post24 by pt2537
Today I had a phone call from Barclaycard and they are putting the default date back to July 2009 and informing the credit reference agencies, so the default will not be impacting on my credit file. They also told me they will be informing Link who should remove it from my file. Hopefully this should be done within 8 weeks. Once again may I thank you all for your superb help and advice.
**

[Bomber99]

Hi all *just looking for a little more advice about this debt.
i took out this credit card with goldfish in 1996 I believe the debt was brought by Barclaycard around 2005 then sold to Link in 2015. I have the letter of assignment from Barclaycard to Link from 2015 but no letter of assignment from goldfish to Barclaycard. I have been through the DSAR I received from Barclaycard last year and cannot find anything about the assignment from goldfish to Barclaycard.
So my question is, if in the future Link decides to start legal proceedings against this debt would there be a defence in that I did not receive a letter of assignment from goldfish to Barclaycard regarding the sale of the debt ??*
Also regarding my previous post 35 Barclaycard are in the process of adjusting the credit file to show the debt defaulted in 2009 and not as Link has it in 2017. Would this also have any affect if Link were to start proceedings as I believe I was not given a correct default notice at the time the account defaulted.?? Barclaycard/Mercer’s*
default notice can be viewed in post 19. Finally could Barclaycard reproduce a default notice today for when it defaulted back in 2009 as they are now going to inform the credit reference agencies the account defaulted in 2009??
sorry for the long post *but just looking at my options if Link decide to take matters further
Bomber99

[Bomber99]

Bump

[Bomber99]

Any thoughts @ Amethyst pt2537

[Amethyst]

Amethyst

hi just an update
I sent a letter of complaint to Barclaycard with the information given in post24 by pt2537
Today I had a phone call from Barclaycard and they are putting the default date back to July 2009 and informing the credit reference agencies, so the default will not be impacting on my credit file. They also told me they will be informing Link who should remove it from my file. Hopefully this should be done within 8 weeks. Once again may I thank you all for your superb help and advice.

That's great news... shouldn't have been necessary but glad it's getting sorted out*

[Amethyst]

Did you do a cca request to link at all ?*

[Bomber99]

Hi Amethyst *yes done cca request and at present *they cannot provide the documents*

[Bomber99]

@Amethyst
Just had an email from Link Financial informing me Barclaycard had been in contact with them today confirming default should have been registered in 2009 therefore requesting link remove it from my credit file. Link have confirmed they will be removing default from my file within 48 hrs.
Seems persistence does pay off.
Now should I put an official complaint in with the FOS and ICO regarding Barclaycard and Links handling of my complaint.???

[Bomber99]

Update; the default has now been removed from my credit file. Happy days

[Amethyst]

Great news ! Well done.The only way it could go back on the file would be if Link did get a Judgment against you for it.. Entirely up to you how you want to avoid that happening ( stick with defending any claim or negotiate a reduced settlement to get it out of the way etc )

[Bomber99]

Thank you Amethyst your advice and that of others on the forum *has been most appreciated.
I have had letters from Barclaycard and link confirming they cannot produce the Historic terms ana conditions, variations. In your opinion what would you offer as a full and final on a debt of £7128 or would you wait in the hope it goes s/barred. Obviously I know it would only be an opinion and would be taken as such.
once again many thanks