Barclaycard Default not registered

[Never-In-Doubt]

Re: Barclaycard Default not registered

Yes fully aware of that and this is why I have asked them to default me from six months after entering into the DMP - OCT 2009 but they have refused. What I was asking is for any evidence I can use to pursue my appeal to the ICO. I feel I should have been defaulted in Oct 2009 as all my other creditors did this as I was making non contractual payments

They cannot default you because you did not default did you - you entered into an agreement to pay so the markers are correct.

To sort it you now stop paying, force them to default you and then you can look to settle / set up new payments but by then it's too late for them to play with the CRA as once you're defaulted it's for life - you can only get one default per debt. So force their hand - stop payments. In the 6-12 months you'll not pay them save as much as you can and we can help you get a good settlement - unless that's not viable then cease payments till they default you and then wait a month or two then set up a new dmp if you want.

You have no argument sadly based on the events to date with your case. That is a fact.

To be defaulted means you have breached the terms of the agreement. As you set up a repayment plan that they accepted, they have not recorded any breach of terms and instead accepted an ongoing payment hence they do not have to default you and have no legal requirement to either.

[Never-In-Doubt]

Re: Barclaycard Default not registered

as all my other creditors did this as I was making non contractual payments

Well your other creditors are nice - Barclays aren't - they know that they can hurt debtors with CRA updates and hence they totally abuse it but they play within the rules - they are scum.

That said, you did make contractual payments - yes you didn't make the same terms as originally agreed but the bank accepted your revised DMP offer hence to them you are NOT in breach as that created a short-term/ongoing/revised contract and the ICO will back the bank on that.

[andy9137]

Re: Barclaycard Default not registered

They cannot default you because you did not default did you - you entered into an agreement to pay so the markers are correct.

To sort it you now stop paying, force them to default you and then you can look to settle / set up new payments but by then it's too late for them to play with the CRA as once you're defaulted it's for life - you can only get one default per debt. So force their hand - stop payments. In the 6-12 months you'll not pay them save as much as you can and we can help you get a good settlement - unless that's not viable then cease payments till they default you and then wait a month or two then set up a new dmp if you want.

You have no argument sadly based on the events to date with your case. That is a fact.

Well yes I did default by not making contractual payments - every one of my other creditors defaulted me.

The definition of a default is documented by the ICO is
Indicators of a default
Accounts should normally be filed as being in default where those contractual payments due have not been received for six months. The account has been referred to a collection agency or in-house debt collection department. The lender takes or has taken steps to cut off the service provided
It is quite clear that I was not making contractual payments, it was being managed by the in house debt collection department and the account was no longer available to use.

As can be seen from this thread - others have been in a similar situation and managed to get Barclaycard to default them.

The last thing I want now is a default in 6 months time that will screw me up until 2021!

[Never-In-Doubt]

Re: Barclaycard Default not registered

Well yes I did default by not making contractual payments - every one of my other creditors defaulted me.

The definition of a default is documented by the ICO is
Indicators of a default
Accounts should normally be filed as being in default where those contractual payments due have not been received for six months. The account has been referred to a collection agency or in-house debt collection department. The lender takes or has taken steps to cut off the service provided
It is quite clear that I was not making contractual payments, it was being managed by the in house debt collection department and the account was no longer available to use.

No mate - read up. Don't play the terms card, it doesn't wash - I'm telling you from my past experience in this field how it works and I know you don't like it but it is a fact. Sorry, you've been told what you can do and that's that - go to the ICO - good luck. They will tell you the same as I have.

You have NOT defaulted the account. A default is determined by the creditor and a reduced payment plan is not classed as defaulting.

p.s. the ICO is guidelines - not law. I'm telling you the way the courts look at things as well as the way the ICO and FCA will look at it.

[Never-In-Doubt]

Re: Barclaycard Default not registered

The last thing I want now is a default in 6 months time that will screw me up until 2021!

But you have 6 years of history and a further 6 years after closure / settlement so you're missing the point - you are screwed as the AP's will report each and every month for way longer than 2021. If you finished paying this debt by 2021 then the AP is still there until 2027. The default would be long gone......

A default only really impacts you for 3 years with most lenders. A mortgage is different but for general credit, they search 3 years.

As I say, you need to understand the effects of the markers - a D marker is better than 12 years of AP markers. lol

[andy9137]

Re: Barclaycard Default not registered

No mate - read up. Don't play the terms card, it doesn't wash - I'm telling you from my past experience in this field how it works and I know you don't like it but it is a fact. Sorry, you've been told what you can do and that's that - go to the ICO - good luck. They will tell you the same as I have.

You have NOT defaulted the account. A default is determined by the creditor and a reduced payment plan is not classed as defaulting.

p.s. the ICO is guidelines - not law. I'm telling you the way the courts look at things as well as the way the ICO and FCA will look at it.

Well if that is the case I am buggered. Guess the only other thing I can do is ask IDR to take a settlement and mark my file as settled? But assume the AP markers will be there for ages and completely screw up my chances of getting a mortgage?

[Never-In-Doubt]

Re: Barclaycard Default not registered

As can be seen from this thread - others have been in a similar situation and managed to get Barclaycard to default them.

Not when they've never missed a single contractual payment they haven't. That is how it is with you, you paid each month then went to a dmp - tell me, when did you miss a payment 6 months in a row to allow a default to be recorded in line with the same guidelines you quoted above?

You didn't hence you have not been defaulted, quite rightly.

[Never-In-Doubt]

Re: Barclaycard Default not registered

Well if that is the case I am buggered. Guess the only other thing I can do is ask IDR to take a settlement and mark my file as settled? But assume the AP markers will be there for ages and completely screw up my chances of getting a mortgage?

How much do you owe? Slow down - think about this.

The only way to help you in the short term, without a default, would be to try and make a settlement yes but then the past 6 years history would still be visible and you might struggle with a mainstream mortgage, you might not in 5 years time but you would in the coming years. AP markers, albeit do show you are trying, sadly have an adverse effect which is pretty bad really but it's how scoring views them and sadly Delphi and most other systems downscore any derogatory or non standard markers (ie [0])

[snowy]

Re: Barclaycard Default not registered

I checked my credit file two months ago and my barclaycard debt was never defaulted - they just recorded 6's for over 18 months. Then it was sold to Link Financial in 2012 and they have recorded 6's ever since.

I reported this to Equifax and also complained to Barclaycard. Last month I received a reply from Barclaycard apologising and they said they would remove the 6's and register a default from 2010 (when it should have been done) and they have sent me a cheque for £150 as an apology.

Equifax have heard back from Link Financial last week and they are going to remove the 6's as the default was registered with Barclaycard when they purchased the debt.

So if you report this to Equifax and to Barclaycard it does work!

[andy9137]

Re: Barclaycard Default not registered

I checked my credit file two months ago and my barclaycard debt was never defaulted - they just recorded 6's for over 18 months. Then it was sold to Link Financial in 2012 and they have recorded 6's ever since.

I reported this to Equifax and also complained to Barclaycard. Last month I received a reply from Barclaycard apologising and they said they would remove the 6's and register a default from 2010 (when it should have been done) and they have sent me a cheque for £150 as an apology.

Equifax have heard back from Link Financial last week and they are going to remove the 6's as the default was registered with Barclaycard when they purchased the debt.

So if you report this to Equifax and to Barclaycard it does work!

Thanks Snowy - that's what's happening to me but at the moment Barclaycard are saying they wont change it so I have escalated it to there "Level 2" team. Did they just agree to your request straight away and did you miss any payments or continue to make reduced payments?

[Never-In-Doubt]

Re: Barclaycard Default not registered

Your situation is ABSOLUTELY DIFFERENT to snowys!!!! Snowy was defaulted. You were not.

I don't speak from my arse last I checked!!

[Never-In-Doubt]

Re: Barclaycard Default not registered

Thanks Snowy - that's what's happening to me but at the moment Barclaycard are saying they wont change it so I have escalated it to there "Level 2" team. Did they just agree to your request straight away and did you miss any payments or continue to make reduced payments?

no it's totally different. You have NOT defaulted. Snowy had defaulted.

The CRA's cannot "just fix" it as snowy suggests. It's not their data to "fix" - they speak to the creditor and they approve or decline it.

[andy9137]

Re: Barclaycard Default not registered

no it's totally different. You have NOT defaulted. Snowy had defaulted.

The CRA's cannot "just fix" it as snowy suggests. It's not their data to "fix" - they speak to the creditor and they approve or decline it.

Great news had a phone call from Barclaycard yesterday - they have agreed to default my account and back date that to May 2011. Great news but I am still pushing for Oct 09 so it will drop off this year and my credit file will be clear. Just as a cherry on the top they have also offered me £50 in compensation as a gesture of good will. Very very happy and proof that if you don't ask you don't get :-)

[andy9137]

Re: Barclaycard Default not registered

Great news had a phone call from Barclaycard yesterday

Just had a further phone all agreeing to Oct 09 happy days