Why Won't Barclaycard Default Me ?

[PlanB]

Re: Why Won't Barclaycard Default Me ?

Just to add from Garloks earlier post; under the FOS guidance a default should ve registered BEFORE 6 months. I am arguing the same with my HSBC problem as I've gone from paying on time to instant default lol. They're soooo gonna regret that! Point is with my case; it's way too soon - even before a formal DN has been served. Over the weekend I'll finish my 67 page dossier on HSBC and their breaches so you can gleam info from this if you want as I'll be going into great detail regards this ILLEGAL default

Mine is the reverse of yours but the same points apply. They should have defaulted you within 6 months of no payments or acknowledgement being made. Ideally after 3 but definitely before 6 months have passed.

I shall definitely read your 67 page dossier on HSBC - what else is there to do on a Sunday now the NOTW has gone.

Since Barclaycard haven't had a bean from me for over a year shall I write and tell them that they MUST now default me officially on the CRAs? I know that seems a bit of a bizarre request. I bet they won't have an oven-ready template response letter for that! It could just foil their daft game of prolonging my trashed credit report. Everybody else defaulted me in 2009 so I've put 2015 in the diary to celebrate a clean credit file. I'm not going to let them spoil that.

[garlok]

Re: Why Won't Barclaycard Default Me ?

Hi PlanB,

Excuse any typos, please been cutting a 42ft long leylandii hedge and the hands shake a bit after. We have to keep them under 2.5m high here because Wales enacts every bye law and regulation on the books when it suits.

However, DN issues are very very contentious. From our own point of view we have 4 disputed (formally by our sols) BC card accounts. Each one was DN'd by Mercers in 2009. All DNs defective in more ways than one. I was awaiting the defaults to appear quite quickly but they happened in May of this year. I had at the original time asked sols what to do, NOTHING they will hang themselves and they have. As far as I know and Paul or Niddy may want to comment there is no way you can compel them to enter a default on a CRF. Of course what they cannot do which they have tried with us is to start the SB clock from that date of filing.

Unfortunately they are actually in a cleft stick with this because should they enter a default based on a defective DN they are facing trouble down the line in any action against you. Then I don't think BC know how to issue compliant DNs and certainly they cannot do so via Mercers as they are a dormant company and such activitity or anything of a commercial nature is expressly forbidden for dormant companies. The guidance on Companies House site is very clear.

I can see where you are coming from but I have to repeat what my sols said right at the outset of instructing them and that is we should just take it on the nose about trashed CRFs, they will do it anyway justly or unjustly but that is much beter than paying them monies they are not actually entitled to. Unless there are very compelling reasons for thinking otherwise, this is the stance I would always take. I'll have to try and find Niddy's post recently on the subject which was very much to the point.

I do know of several cases where DN arguments have been successfully used, one by a LIP but it is my view they should not be considered in the normal order of things as a basis for court argument, only in support of a better defence. They can rectify at any time and then terminate and must admit I am unsure of the rulings as per the previous posts regarding reporting to CRAs at this point. I really do not want to start the dN argument running again but seek out Paul's posts on here and much as I will get hammered for saying so look for Paul's posts and explanations under user name pt2537 on the other forums.

But please don't complain to me if you get lost in the maze : l

regards
Garlok

[PlanB]

Re: Why Won't Barclaycard Default Me ?

Sorry to interrupt your tree surgery Garlok.

It seems whoever invented DNs did a pretty good job of making them confusing. I'll do my homework as you suggest. I take your point about the bonus of creditors getting the paperwork wrong when/if things comes to court. Although there does seem to be a trend for DJs to turn a blind eye to this if everything else is looking good. I believe they call it 'on the balance of probabilities' or some such crap. I think that translates as 'you've spent the money so now pay up you low-life scumbag'. Nevertheless a bad DN is a useful bolt-on to any defence.

You're absolutely right about the unnecessary obsession with keeping a credit file clean (I've got 18 DNs). It's a light at the end of the tunnel thing for me. So I'll forget that for a further two years then.

[garlok]

Re: Why Won't Barclaycard Default Me ?

Hi PlanB

This is what Niddy had to say about CRFs recently:-

"You need to stop worrying about your credit file, why does preservation mean so much to you? Its nuts, its a load of old shyte that is owned by the banks and used against you by the same, banks! Basically, do what you gotta do but for crying out loud, don't worry about your credit file.... it's gonna get trashed, accept it and sit tight for a couple of years which by then should mean everything is back to normal again."
__________________
And I think he means that after couple of years the marker becomes somewhat irrelevant. By the way I was not trying to be facetious about the DN thing, over the years I have now been a reader and actively involved this DN issue has been to and fro that much and has caused much trouble hence my reasosn for not opening the can of worms again. However there has been much of use said and you will find some of it if you dig through but i would advise draw your own conclusions and before acting on ANY of it seek furhter help from those that know.

best regards
Garlok

[Never-In-Doubt]

Re: Why Won't Barclaycard Default Me ?

I shall definitely read your 67 page dossier on HSBC - what else is there to do on a Sunday now the NOTW has gone.

I've trimmed it down to 9 pages, thus my silence all day - just finished it now - totally head mashed, way too much to post here (started at 104Mb and now it is 42Mb)....

I'll try and abbreviate events or load parts as images, bear with me....

[Never-In-Doubt]

Re: Why Won't Barclaycard Default Me ?

Hi PlanB

This is what Niddy had to say about CRFs recently:-

"You need to stop worrying about your credit file, why does preservation mean so much to you? Its nuts, its a load of old shyte that is owned by the banks and used against you by the same, banks! Basically, do what you gotta do but for crying out loud, don't worry about your credit file.... it's gonna get trashed, accept it and sit tight for a couple of years which by then should mean everything is back to normal again."
__________________
And I think he means that after couple of years the marker becomes somewhat irrelevant. By the way I was not trying to be facetious about the DN thing, over the years I have now been a reader and actively involved this DN issue has been to and fro that much and has caused much trouble hence my reasosn for not opening the can of worms again. However there has been much of use said and you will find some of it if you dig through but i would advise draw your own conclusions and before acting on ANY of it seek furhter help from those that know.

best regards
Garlok

Yea, you got it matey - basically credit suppliers only search *initially* based on their criteria for addresses, so if they ask for your last 3 years so long as you are clean in those 3 years, ie nothing bad added, then the older stuff will generally not get noticed as the systems only use the initial search unless a trigger tells it to do a full 6yr search and/or referral. If you have a default within the last 3 years then forget it, it'll auto decline or refer for manual processing thus I always say get defaulted early on and then you know no matter what in 6 years you're free to rebuild your file, however you'll by then have had basic credit for 3 years so you'll be fine to get a good % deal.

For instance lets say you have £100k of debt and you then get defaulted, regardless of whether you pay or not the default will drop off after 6 years. So lets assume you agree to repay £X per month - as a DN supersedes any AP markers, the DN would remain and each month would drop another closer to the 3yr period of blanks that you want. So, in time you get to the 3yr period and apply to a bank for a full account, the chances are you'll be accepted. Wait 6 months then try the same bank for a credit card, then you're on the way to being credit worthy again. This is regardless of how much you've paid into the £100k old debt (if anything at all) because the default would be past 3yrs meaning it'd be ignored for most lenders....

If however you don't get a default and say you pay the accounts for 5 years, then have to stop paying, you'll get a default meaning in total you'll have been affected for 11 years instead of the normal 6 by defaulting early.

Hope that makes better sense? My logic is firm on the stance of sod your credit file when you're in the middle of UE - work to get defaults by cessation of payments then you can play the game for the next 3yrs and in essence start afresh, doing things properly this time (ie just have a normal account and card without getting into debt, but being allowed to start on an even keel as such)....

[pompeyfaith]

Re: Why Won't Barclaycard Default Me ?

Garlok,

"You need to stop worrying about your credit file, why does preservation mean so much to you? Its nuts, its a load of old shyte that is owned by the banks and used against you by the same, banks! Basically, do what you gotta do but for crying out loud, don't worry about your credit file.... it's gonna get trashed, accept it and sit tight for a couple of years which by then should mean everything is back to normal again."

That is an excellent summary by Niddy and so very true, my CRF is trashed good and proper but do I give a fuck..... no because I have my mortgage and will not be getting another had all the credit I need.

They think they are doing me harm by trashing it, but they aint because I no longer need it.

If I have the good old fashioned cash for something I need that's how I pay if I don't have the cash its not important and can wait until I do.

Simple as that.

Furthermore I use freecycle a lot now saves my pennies and saves this planet from harmful waste only the other day I bagged myself a mantis mini tiller nothing wrong with it just needed a service that's all.

What I am saying is credit is not the be all and end all it is surprising what people throw out these days and much of is still in good condition with plenty of life still in it.

Regards

[garlok]

Re: Why Won't Barclaycard Default Me ?

You two guys are realy bang on the button with my own thinking. I keep saying as you do Niddy that it is actually professional legal advice, accept the trashing of the CRFs its going to happen anyway. I live with it and actually am better for it.

Also PF , my somewhat wealthy elder brother has the same attitude to cash as you plus he will go into stores that offer these "great" deals and ask loudly what discount he gets for paying cash, literally pound notes. He usually gets some pimply youth just out of nappies telling him that they cannot offer further discounts for cash as their deals with credit are so good, at that point he destroys said pimply youth with a stream of venom about their store having to borrow money to fund the credit deals and the interest rates being XXX% therefore they can offer a discount for cash of £XXXX on the item he may want to purchase. I try to disappear when these moments are coming on BUT he usually gets what he wants when the managers get involved. Money begats money etc etc.

regards
Garlok

[pompeyfaith]

Re: Why Won't Barclaycard Default Me ?

Garlok,

Indeed m8 I always haggle on larger items like white goods and hifi etc and never go to the big players like currys,comet.

A better deal can be had at the independent retailers.

A RRP is exactly that a price recommended by the manufacturer it is not a price set in stone and they will reduce in order to get a sale even if it only matches the price that those buying in bulk sale for.

Why are the big players so popular ? because they have masses of money to spend on advertising and then the general public are like a swarm of bees oh my friend goes there so I will and that is how they get so big.

Regards

[PlanB]

Re: Why Won't Barclaycard Default Me ?

I've trimmed it down to 9 pages, thus my silence all day - just finished it now - totally head mashed, way too much to post here (started at 104Mb and now it is 42Mb)....

I'll try and abbreviate events or load parts as images, bear with me....

Niddy, I'm worried about you having 42 mega bites. Ok I know that's better than the 104 mega bites you had earlier in the day, but I still think you should see a doctor. This site needs you.

Yours, Worried Plan B