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Barclays Default registered on my Equifax

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  • Barclays Default registered on my Equifax

    Dear All,

    Trust all is well. I have a question and would be grateful if someone could give nme guidance.

    I had a payment arrangement to pay Barclaycard via payplan from 2006. Up to 2009 June, I was paying £14.93 a payment arrangement then I started to pay a reduce payment from July of £1.00, Aug 2009 £2.63, Sept £1.00, Oct £4.05, Nov £4.05 and December £4.05 to payplan who paid Barclays accordingly. Then from January 2010 back to the normal payment arrangement that they agreed.

    Barclays on the 15/3/2015 (Recently) has stick in a defult notice on my credit file - 24/11/2009 as default. When I raise a query with Equifax, Barclays has come back and said the date was correct, and said the following

    "Barclaycard Centre has investigated your query and have told Equifax that, 'The default date of November 2009 is correct. Upon until June 2009 was the customer was paying enough to keep the account on an acceptable repayment plan so the credit file was updated as an arrangement. After the customer reduced the payment in July 2009 the arrangement then broke and we resumed collection activity, it was shortly after this point the formal demand was issued and default was registered.'"

    My undewrstanding is that under the code of
    ***33 Notices to comply with Sections 13.7 of the Banking Code5 and 7.5 of the Lending Code6 should provide adequate warning. A notice of intention to file a default can be sent with a formal default notice serunder Section 87 of the Consumer Credit Act 1974. Where lenders arnot required to issue these notices, they can send an intention to filedefault through a final demand, letter or relevant account statement, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

    MY question is :
    Can I go back to barclays and ask for a default notice as I have not received any at that time
    Are Baclays allowed to issue a default notice within 5 months what is the normal default months
    Since the arrangement was done via payplan, is there anyways that I can argue their decision and if there is an expert in this filed please PM me and I am happy to pay for the proffessional fees if this can be resloved.
    oR should I just leave it to fall out by itself by November 2015?

    Thank you in advance
    Last edited by Nathan2321; 19th April 2015, 12:49:PM.
    Tags: None

  • #2
    Re: Barclays Default registered on my Equifax

    Hi Welcome to LB.
    Were you sent a Default notice prior to entering into the " payment arrangement?
    The issue of DN when AP' are in place is usual as any payment lower than the normal
    required ones is technically a default is at the discretion of the creditor.
    The ICO is the responsible regulator regarding defaults, and the guidance is that a default
    should be placed within 6 months of cause of action, so if a DN was issued prior to the inception
    of the arrangement to pay which broke down within 5 months then there is no fault in the procedure.
    BTW it is preferred site practice to advise on the open forum and we do not accept personal payment for advice
    a donation can be made to help keep LB running.

    nem

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