Barclaycard Default appears after 10 yrs

[Allsetuk]

Hi everyone, I am new here so bear with me. I have recently had a financial meeting with my bank, The Bank was happy to help, saying i was a good customer that did everything right, but when they went to the lending team. My account threw up a problem

I pulled off my copies of credit reports with credit expert, all was well. equifax however wasnt , at the bottom of my good file, was showing a Default notice issued in 2007 !!!! for over £2500 pounds with Barclaycard for an account from 1998 that I thought i had paid off over 11 years ago. Ive had no contact at all with Barclaycard ever since that time and have a differnt number card and account with barclaycard that i use now.

Late last year I got a letter from Buchanan clerk and wells claiming I owed a similar amount and they were collecting for Barclaycard. I wrote to them after researching their tactics on the net and when i sent a recorded letter asking them for proof that this was my debt, they wrote back and said file was closed.

Now I dont know what to do. Why was the default logged in 2007 when I have had no correspondance to date with Barclaycard about this old card. Where do I stand in trying to get this taken off , I know it wont be easy ..but its ruining everything!
Thanks so much

[PGH7447]

write to equifax and get them to contact barclaycard and make them verify this action, also while you are at it make them add a note that you dispute this entry

[Allsetuk]

Thank you, i have done that now.

Should i write a letter to Barclaycard, im presuming they have sold it on which is why BCW wrote to me. I have never been aware of any kind of attempt by Barclaycard to contact me about this though. Just checked and it was a 13 year ago 1996 thing, so I dont understand why they filed the default in 2007. I am pretty sure its not correct though. Should I send the £1 now to Barclaycard and ask for a signed copy of agreement ?

[MARTIN3030]

The first thing you need to do is contact the CRAs and say what you have said here.They have a responsibility to make sure data is recorded accurately,and will contact whoever recorded the default to question it....ask then to do this.
I would send BCW a letter asking them to provide you with copies of assignment and details of when the default was recorded etc.This can be done under the CCA.
If Barclaycard assigned it to BCW then they should have the docs.

[ukaviator]

Just an addition to the thread. The Limitation Act 1980 sets out the rules on how long a creditor has to take action against you for a debt i.e. take you to court. The time limits are different, depending on the type of debt that you have. Under the Limitations Act 1980 the time limits are simple contracts 6 years, contracts under seal, 12 years.

The Office of Fair Trading (OFT) has issued debt collection guidance which looks at whether a debt is being collected fairly. They say:

It is unfair to pursue the debt if you have heard nothing from the creditor for 6 years.

The OFT thinks it is fair to keep trying to recover the debt if the creditor has been in regular contact with you during this time.

It is unfair to mislead you be saying the debt is still legally recoverable when it isn’t.

It is unfair to keep pressing for payment after you have told them you won’t be paying the debt because it is statute barred.

If the creditor has been to court and there is a county court Judgment outstanding, then you cannot use the Limitation Act to dispute you owe the debt. It does not matter how many years ago the creditor went to court, the county court Judgment will still exist. The creditor may not be able to enforce the Judgment without the court's permission if the Judgment is over six years old.

[Allsetuk]

thanks guys
ive never been to court about it, ive never even seen paperwork threatening me with any of this for 13 years...i havent a ccj as far as i know ...ive never been asked for a payment plan,or anything from it has just come out the blue in past two years , first i heard was BCW writing to me last year.

[Allsetuk]

equifax say " In order to resolve this query we have engaged the company in question to examine their data.This process can take up to 28 days, but as soon as we have an update we will let you know."

So have i done all i can for now then or is there something else i should be doing