Debt 3 years old - sold and now start 6 years again

[TibetanMonk]

Hi All!

Been a while, since I was on last. A lot has happened! I'll say more in another thread.

So I had a Barclaycard, defaulted, £1100 balance, 3 years away from SB and they've sold it to MKDR LLP, with an address that I have never lived at, which has caused me to now have two linked addresses on my CR, one of which shouldn't be there, and now says 14/05/2014 as the default date.

Is this allowed?!

It seems a very sneaky way to get around the SB route.

Any help would be appreciated.

[Enforcer]

Re: Debt 3 years old - sold and now start 6 years again

The original default should be changed into the name of new owner. AN is from the date that you last paid, or acknowledged that you owed the debt, so 3 years already served.Regarding the address, May be wort asking them if they are chasing the correct person, as you have never lived at that address.

[TibetanMonk]

Re: Debt 3 years old - sold and now start 6 years again

The original default should be changed into the name of new owner. AN is from the date that you last paid, or acknowledged that you owed the debt, so 3 years already served.Regarding the address, May be wort asking them if they are chasing the correct person, as you have never lived at that address.

Hi Enforcer,

Thanks, I've raised a query with the CRA in question so hopefully they'll be able to get it sorted for me.

Thanks,

TM

[Joanna Connolly Solicitors]

had a Barclaycard, defaulted, £1100 balance, 3 years away from SB and they've sold it to MKDR LLP, with an address that I have never lived at, which has caused me to now have two linked addresses on my CR, one of which shouldn't be there, and now says 14/05/2014 as the default date.

Is this allowed?!

It seems a very sneaky way to get around the SB route.

I've posted on your new thread about this debt but I've now spotted this other thread so I thought I'd ask what has happened about your incorrect Default date issue since it may impact on the Statute Barred date if it (the Default) was in May 2014?

A recent court ruling (Doyle v PRA) says the Default date is when the limitation runs from if it comes later than the last payment.

Di

[Enforcer]

It seems as if Barclaycard ignore the law. My Barclaycard last payment was 2012. With Niddy's help this went to financial ombudsman, Barclaycard senior management etc, they admitted that they could not comply with CCA. This Barclaycard is the only debt still showing on my credit file, however it is marked in green as payments up to date! Very strange. Doesn't bother me as I have no need nor intention to apply for credit ever again, but should not be there.

[Joanna Connolly Solicitors]

It seems as if Barclaycard ignore the law. My Barclaycard last payment was 2012. With Niddy's help this went to financial ombudsman, Barclaycard senior management etc, they admitted that they could not comply with CCA. This Barclaycard is the only debt still showing on my credit file, however it is marked in green as payments up to date! Very strange. Doesn't bother me as I have no need nor intention to apply for credit ever again, but should not be there.

Hello Enforcer

Do you mean that Barclaycard have never issued a Default Notice and/or Defaulted you even though you stopped paying them in 2012 (i.e. almost 8 years ago)?

I know most people on this forum never intend to apply for credit again but that doesn't mean Barclaycard (or any creditor) should get away with shoddy practice!

Di

[Enforcer]

Hi Diana,
Just gone back through the file, the default notice was actually issued on 15th August 2014! Then 23rd November 2016 Re: PPI your complaint has been upheld and agree that we mis-sold you PPI on 30th April 2003, refund of £2970.96. What this means for you. Your PPI policy started 30th April 2003 and 20th August 2011. WE will refund all the insurance premiums you paid during this period totalling £1,991.86.
We will also refund the interest paid on the premiums to date of £2,284.90. I have deducted any previous claims or refunds you have already received which totals £2,706.05. This carries on for 2 more pages, but the total refund was £2,970.96.
The last letter was dated 9th August 2019 explained that they did not always meet our expected standards for assessing customer's circumstances or engaging with them. Please accept our apologies for this. We will not look further into your case etc: Next Steps.
The total refund due is £188.80.
You do not need to do anything further to claim this refund because this sum has been applied to the Account and has reduced the amount you owe us. Please note that the refund is not enough to pay off the amount you owe on the Account, so there is still a sum of money outstanding. If you are making regular payments towards the Account these will need to continue.
Where relevant, we will update your credit file with details of the refund. Details about the Account, including the amount still outstanding will remain on your credit file for up to 6 years from the date your default was recorded.

So, in short, looks like the statute barred date on this account is now 15th August 2020.

[Joanna Connolly Solicitors]

Hi Diana,
Just gone back through the file, the default notice was actually issued on 15th August 2014! Then 23rd November 2016 Re: PPI your complaint has been upheld and agree that we mis-sold you PPI

So, in short, looks like the statute barred date on this account is now 15th August 2020.

From what you say you may have acknowledged the debt in November 2016 when you entered into a dialogue over your PPI.

This could impact on the Statute Barred date which could now be November 2022.

However if the credit agreement is unenforceable (is it?) then even if legal proceedings are issued, they may not succeed.

Is the history of this debt in your own thread on the forum?

Di

[Enforcer]

They had already acknowledged that the agreement is unenforceable, which is probably why it is marked on my file as up to date.

[Enforcer]

Barclaycard debt still showing as outstanding on my credit file, though showing as up to date. No demands for payments. Not too bothered as will not ever apply for any credit.

[Enforcer]

Finally, 10 years after Financial ombudsman decision, this has now disappeared from my credit report. Everything now showing clear, no debt at all. Many thanks to all on this forum especially Niddy! Happily retired, no worries.