Thread: Unfair default? - Barclaycard

I had a Barclaycard Masterlaon account which I run into problems with in 1998. CAB arranged reduced payments. In 2000 Barclaycard issued a default but did not register it. I continued with reduced payments and made increases every six months.

In February 2005 Barclaycard claim to have written to me requesting a payment review. I never received this letter. But I did receive a letter sent two weeks after the first requested I contact them. I called the same day I received the letter and was told as I hadn't answered the first they had registered the default. I never received a default notice.

I have now repaid the debt but the default remains. I wrote to them in July and requested a copy of the default. They said they can't give me this as they don't have it and the only copy was the one sent to me. They offered to send a standard copy of a default notice, I refused.

I called again today and spoke to someone else who once again claims they don't have to produce the original default but can send a standard default letter. I argued that it was very unfair they registered the default, but got nowhere with them.

Is there anything else I can do or am I going to have to live with this default for the next 4 years?

Similar Threads:

• Orange Default Unfair
• GE Money:Legal action for unfair default notice
• Unfair default on a bank account
• Unfair default on a bank account
• HSBC loan resulted in unfair default

Under CCA 1974 regs they don't legally have to prove that you received the default notice they only have to say they sent it so that route of complaint is probably a waste of time to be fair.

However, they are supposed to register the default with xred ref agencies in a 'timely' manner. This is usually once you are 2-3 mnths behind with payments although there is no legal definition for this. The default can still be issued even if they have accepted a reduced payment from you ( as you are still in default of the original agreement.

Couple of ways you could go with this - CCA them asking for copy agreement & Breakdown of acount. If they can't produce this then you could argue they shouldn't be processing your info for cred ref purposes and the default should be removed.

Or you could complain that the default was registered almost 2 yrs AFTER you originally stopped paying with the result that it will be on your file later than it should have been. You could write to the data controller at the company to complain about this. Advise the cred ref agencies that the default is in dispute ( they can mark this on your file ).

Either way, if you get no joy from the creditor and you have put these requests in writing ( keep a copy send rec delivery ) you could then complain via the Information Commissioner:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 01625 545745
Fax: 01625 524510
E-mail: mail@ico.gsi.gov.uk
Website: www.informationcommission er.gov.uk

I have 2 defaults from Barclaycard which were defaulted on 30/08/2002 and 28/06/2002 These were paid off in 2003 and satisfied, can I have these removed now or will I have to wait another year or so
I cannot remember like others on this forum receiving such a letter stating the default but then again I went with a debt collection agency ( Gregory Penningtons )
This has stopped me getting a job due to credit checks and yet I have 2 visa cards and a loan and various other credit which are 100% without any arrears etc

Thanks for the advice. It was 5 years after they issued the default that they registered it. That seems an awfully long while to just leave it lying on file ready to be registered.

Originally Posted by sismile

Thanks for the advice. It was 5 years after they issued the default that they registered it. That seems an awfully long while to just leave it lying on file ready to be registered.

I would certainly put in a complaint about it - see my previous post. Let us know how you get on

I have 2 defaults from Barclaycard which were defaulted on 30/08/2002 and 28/06/2002 These were paid off in 2003 and satisfied, can I have these removed now or will I have to wait another year or so

You should start your own thread rather than 'hijacking' someone elses! But in reply - a default will stay on your cred ref file for 6 yrs from the date it was registered; this includes if it has been paid