Barclaycard / Link Financial

[PlanB]

Re: Barclaycard / Link Financial

What a great letter to receive.

They've admitted it's unenforceable but only a court can rule or deem a debt irredeemably unenforceable, and even then I can't think of a reason for getting the Default removed from your CRA file since it is a true statement of fact. You did default. The fact you can't be taken to court to enforce the balance outstanding is a different issue.

[Scrappy Coco]

Re: Barclaycard / Link Financial

Cheers Plan B

A judge at Chester County Court deemed that a credit agreement between a Mr Grace and Blackhorse was unenforceable.

However Blackhorse recorded a default on Mr Grace's credit file. They also added the costs of the failed action to the debt.

The Court of Appeal decided that a default should not be recorded on credit files without a note to say that the agreement is irredeemably unenforceable.

However the credit reference agencies do not have that facility and until that happens, the court held that it was inaccurate to mark a credit file with ‘default’ where the debt was irredeemably unenforceable.

Banks and finance companies who ignore the CoA ruling may well find themselves open to claims for damages under the Data Protection Act.

http://www.bailii.org/ew/cases/EWCA/Civ/2014/1413.html


I knew I'd seen it and hadn't imagined it

What are your thoughts on making a small settlement offer as a good will gesture for them to remove the details?

Because they have admitted it's unenforceable I'm not paying a bloody penny.

Is there a pee of and leave me alone template????

Thanks as always

Scrappy Coco

[PlanB]

Re: Barclaycard / Link Financial

The Grace v Blackhorse judgement reinforces the point that only a judge can deem a debt irredeemably unenforceable.

It did not say that the default should be removed, only that there ought to be a note added to the CRA file by way of explanation. I don't see how that would 'clean up' a credit file in regards to a future credit score.

In fact I worry that it may make the consumer look like a debt-dodger. I have two court claims which were dismissed by the judge as UE but I have not sought to alter my CRA file entries. I'll wait for those defaults to drop off later this year when they have reached their six year time limit.

Plan B x

[Scrappy Coco]

Re: Barclaycard / Link Financial

Oh well I will just have to wait another 3yrs for it to drop off which is a bummer given all the others are starting to disappear

Thanks as always

Scrappy Coco

[PlanB]

Re: Barclaycard / Link Financial

Oh no, don't give up on the idea of getting your default removed.

Your plan to make an F & F dependent on removal of your default is a good one. I just didn't want to lull you into a false sense of security that it would be an automatic right simply because the creditor admits that they can't enforce the debt in court while in breach of s.78 CCA.

If they smell money they may well want to do a deal

Have you looked at our F & F templates. I'm sure one of them refers to default removal. I can't see the history of this debt on the site but if you're edging close to SB you might want to keep your head down in preference to making an offer.

Give us a little more background such as when you last made a payment.

Plan B x

[Pixie]

Re: Barclaycard / Link Financial

Also, unless you're looking to get a mortgage, most lenders will ignore defaults that are more than 3 years old.

[Scrappy Coco]

Re: Barclaycard / Link Financial

Oh no, don't give up on the idea of getting your default removed.

Your plan to make an F & F dependent on removal of your default is a good one. I just didn't want to lull you into a false sense of security that it would be an automatic right simply because the creditor admits that they can't enforce the debt in court while in breach of s.78 CCA.

If they smell money they may well want to do a deal

Have you looked at our F & F templates. I'm sure one of them refers to default removal. I can't see the history of this debt on the site but if you're edging close to SB you might want to keep your head down in preference to making an offer.

Give us a little more background such as when you last made a payment.

Plan B x

Not in my nature to give up Plan B. I will fight till the bitter end.

The history behind this account - Account was originally Barclaycard. Was on a DMP with them for nearly 2 years when they sold the account to IDR/Link. Barclaycard had been marking my credit file as satisfactory for all that time. When IDR/Link took it over they had been marking my account as pre default (6) for over 2 years. Told them this wasn't acceptable and I wouldn't pay another penny until they retified the issue. They flat out refused. Took my case to FOS and ICO who told them to either mark my account as satisfactory or backdate the default. They opted for the latter. IDR/Link never issued me with a DN but the account has been terminated.

I have paid IDR/Link in the region of £1500 so they have had back what they paid more than twice over I reckon.

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: Barclaycard / Link Financial

Also, unless you're looking to get a mortgage, most lenders will ignore defaults that are more than 3 years old.

Just paid it off and have no plans to get another on anytime soon. Still waiting for the equity as the ex won't agree to 50/50 unless I pay her legal fees WTF

Thanks as always

Scrappy Coco