It's interesting reading back over my old post to see how dark things were in the early days. I now only have 3 DMP payments remaining and have worked out that I have paid off over £36k of debts. I have 4 defaults on my file with 3 of them due to drop off this month. The remaining default will drop off in February and I will have a nice credit report at long last. It's been an interesting journey but quite smooth on the whole made all the more interesting by me suffering a heart attack 3 years ago. I am now in a really good place although this last year has been the longest as I finally saw light at the end of the tunnel. I am so glad that I started off on this journey and for anyone else in the same financial distress with debt please don't hesitate. I put off my DMP by a year, increased my debt by £5k during this period so should have finished my journey 2 years sooner. Oh well never mind I have finally got where I want to be. For anyone starting their debt free journey the best of luck to you.

Sorry for late reply, things have been a bit hectic of late. To answer your question on what I hope to achieve, in short the refund of interest charged by Sharkleys whilst I have been on a DMP. This would not be an inconsiderable amount over the previous 6 years. I will be sending off my SAR this week.

Anyone able to assist with this query? Should this be moved to general thread as I initially posted? As although it refers to my issue with Barclaycard it is with regard to the general principle of notice of arrears.

The link that you have provided is where I obtained the information for my initial post? It's an explanation for this that I am seeking and whether I can challenge Barclaycard on it.

Looking for advice on this as I have only been made aware of S86D CCA. I have been on a DMP with Payplan for over 6 years. During this time Barclay's have continue to charge interest albeit at reduced rates on my two cards. I don't believe that they ever sent out a notice of arrears for the accounts at any time. With S86D in mind am I right in thinking that they therefore have not been entitled to charge interest. Whilst I have had AP markers for the entire period they have backdated defaults which will mean that they drop off within the next couple of months. I have received monthly statements from Barclays for the cards throughout so does this counteract the requirement for them to provide a notice of arrears. The interest would be sizeable and could wipe out the rest of my DMP which still has 5 months to run. I have found the below advice Arrears notice penalty Of course, when a trader provides credit, he or she accepts that the debtor may default, whether intentionally or not, or knowingly or not. Either way, the creditor is under a duty to provide the debtor with a notice stating that he or she is in arrears and exactly how much money is owed. Section 11 of the CCA 2006 amends the CCA 1974 by inserting a new section - 86D - that sets out the consequences for a creditor if he fails to notify as required by sections 86B or 86C. If the creditor fails to provide a notice when required to do so, then throughout the period of his failure (i.e. from the date that it was required to be given until the end of the day on which it is eventually provided), he is not entitled to enforce the agreement. In addition, the debtor or hirer is not liable to pay any interest that relates to the period of the creditor or owner’s failure,

Perhaps I can assist with this. I also had an Egg card that was transferred to Barclays in 2011 and I entered a DMP with Payplan in 2011. I had not been defaulted by Egg when it was transferred to Barclays and have maintained all DMP payments to date with my DMP due to finish in October. Throughout all this time my account has been marked with AP and more recently DMP. I have also received the same letter notifying me that they have now defaulted me. When I called them they stated that they have backdated the default to 201I. obviously I am very please with this as the default will fall off prior to my DMP concluding and it will only be three months after the 6 yr point in which I entered the DMP. If you have not previously been defaulted by Egg then I would suggest ringing Barclays up and you might receive a nice surprise. The only query I have is that Barclays have not sent out an official default notice despite backdating the default to 2011. I am loathe to challenge this as the default will drop of my file shortly. Am I right to think this way? It really is quite cute by Barclays this method. It appears that they do not default you when you enter the DMP and it is almost like they keep you on a leash with AP markers. Whilst AP markers are in place if you were to stop paying in a year, 2 or 3 they could default you at this point which would far extend the 6 year point.

Sadly, my loan was passed over to Moorgate when Egg were dumping their books at the same time I was getting into difficulties. If a 6 is a late payment marker then isn't this considered unfair in view that I am making all agreed payments on time? I can handle the DMP marker it's the 6's that really rankle with me. Barclays also have me AP markers however my status is showing green. I thought the whole principle is about fairness? Clearly not the case when I should have been a non payer from the start. I have gone down the CCA route and the paperwork provided looks good. I really would'nt want to default after already having payed for 3.5 yrs with only 3 to go. DMP is with Payplan.

I am currently in a DMP and have been for over 3.5 yrs. One of my creditors is Idem, formerly with Moorview (same company) and before that Egg. They have maintained a '6' status for 3 yrs along with a DMP marker. I have complained to the ICO who have said that they are processing my data correctly in applying the '6' marker as arrears. I am obviously worse off than if the account had been defaulted as my DMP has 3 yrs left, making the plan 6 yrs in total. How they can get away with this practice as it's perversely unfair. My dilemma now is do I now stop paying to force a default or hope that in 3 yrs the impact of my '6' markers and DMP flag is the lesser of 2 evils. My understanding of the '6' marker was that it was a late payment marker, ICO's view is that the status is in relation to arrears. Can an ICO decision be challenged anywhere?

Thanks. Who should I sar, egg or Moorcroft?

The original terms of my loan. Egg transferred their loan book to Moorgate.I don't believe my loan was sold as a bad debt to Moorcroft if that makes any difference?

There is no PPI in respect of the loan. It would appear that I have made a mistake in saying the interest was front loaded. I have dug out my CCA information that appears to relate to Egg and my original loan. It specifically says 'We charge interest at the above rate on a daily basis on the outstanding balance of your loan. The interest will be added to your loan monthly in arrears and compounded monthly' I guess this allows them to continue with the interest? I am unable to scan the document (7 pages) at the moment as my printer is all disconnected after it ran out of ink. I will try to set it up again later.

Thanks, in view of the fact that they should not be adding interest what is going to be the most effective way of tackling this? I assume letter of complaint which will no doubt be rejected and then FOS? With regard to the CCA, as I remember the document looked like the original application form with signature where it was supposed to be, I assumed that it looked legit. Addmitedly I am no expert with regard to CCA's. I did the same with Barclays for an old egg card and they sent a reconstitued one which did not I think covered the prescribed terms and was devoid of a signature. Moorgate are also updating my credit files with 6's every month with dmp under each 6. I have complained about this but got a reply saying they were making the entries as they were supposed to. The only good thing with being with Moorgate is the fact I havent heard a peep from them in 2.5 years.

Thanks all, I don't know if my existing loan from Egg was sold off as a bad account as I had just started to default on payments and started DMP around the same times as they were dumping their accounts. I have also CCA'd them and it looks in order. It is the question of moorgate adding 8% interest when the interest from my loan was front loaded that gripes me. I have assumed that they were allowed to charge a statutory interest of 8% and have left it alone. I don't want to persue this if is clearly going to be a waste of time. My DMP has been rolling along smoothly for the last three years aside from Barclaycard also charging interest on my two accounts albeit a small amount 3% and 6%.

I previously held an Egg loan with an agreement for payment over 6yrs, on the last year of my account I had to go on a DMP. The Loan was taken on by Moorcroft who were charging 8% interest on the outstanding balance of £1800. In short are they entitled to charge 8% apr as the interest from the original Egg loan was front loaded so I had only capital left to pay? I have received further corespondance from Moorcroft today saying that Idem will now be taking over my account. I understand that they are under the same umbrella but are they any worse. Incidentally moorcroft have been marking my credit file with 6's for the last three years despite me being in a DMP with payment. This is incorrect surely? Finally will Moorcroft have to provide me with a deed of assignment for the transfer of the debt? I have had only what appears to be a letter informing me of the transfer. Thanks in advance for any help or advice.

I have just reviewed my decision provided by the ICO, the complaint was made in reference to your reply above and quoting ICO guidance, the reply I was provided was 'We have decided it is likely Barclaycard have complied with the requirements of the DPA. This is because the credit reference file you have provided accurately reflects the arrangement you have in place with Barclaycard. The ICO can only assist in matters where the information is factually incorrect. In this instance it appears the information placed on your credit file by Barclaycard is factually correct. furthermore Barclaycard have indicated in their letter that your account in on a repayment arrangement for a 12 month period, rather than 6 years' The data I provided showed 2 full years of ap markers, I am on a DMP with Payplan with debts that will take 6 years to pay off i'e another 4 years to go. It doesnt mention anywhere on their response that I can ask for a review.