Hi All, well a very quick result. As well as doing the aforementioned I also contacted my DAS administrator to help me with this issue. They said they would also contact Barclaycard that day but advised it would take days if not weeks to get an answer from Barclaycard. Well, today I received an email advising my credit score had altered. After checking, the default has been removed and now there is no adverse information sending my score very much higher than it was. Thank you again for all your help. Very best Gamekeeper

Hi dx, sorry for the late reply. Yes, got that, letter written and sent. I'll update you on developments as they arise. Many thanks

Hi, attached is the leter I sent minus my name, account number etc. XXXXXXX XXXXXX XXXXXXX 24th February 2020 Barclaycard House 1234 Pavilion Drive NORTHAMPTON NN4 7SG Dear Sirs Reference Account Number:XXXXXXXXXXXXXXXX My Previous Address: XXXXXXXXXXXXXXXXXX With reference to the above account I write to formally complain regarding a default which you placed on this account in 2018. The account was originally defaulted in 2008/2009 and subsequently placed into a Debt Arrangement Scheme (DAS) in 2009. You will no doubt be aware that a debt cannot go into a DAS unless it has already been defaulted. My DAS came to an end this month January 2020. The account has never been used and as mentioned been in a DAS yet you defaulted the account in 2018 and placed this default on my credit file. I now request you remove from my credit file and explain your rational for the default. If do not hear from within the next 14 days I will take further action to remedy this situation. I await your response. Yours faithfully

Hi Dx and thank you the prompt reply. I have written to them on the 24th Feb, 2020 asking more or less exactly that and guess what? No reply. Also, I sent it signed for so I know they have received it. Is it worthwhile waiting for the 8 week deadline and going to the FOS or is that a waste of time? And will the ICO really be able to do anything? Court action would be my favourite but not sure just how to go about that. Cheers

Hi Everyone, could someone advise me on this please. I was placed in to a DAS in 2009 with various debts and companies one of which was Barclaycard, and thankfully the DAS completed earlier this month March 2020. I recently tried to get credit while in the DAS (2019) but either turned down or given interesting terms which I did not question since I was in a DAS! I checked my credit file after I recieved my discahrge letter from the Accountant in Bankruptcy and was very surprised to see Barclay Card had defaulted me again in March 2018 saying I owed them £300.00. Now, none of the accounts in the DAS had been used and equally I have no cards therefore can't use them. Equally, I have no credit cards or debt other than a mortgage for my house which is up to date and was never defaulted. What course of action should I take to get this default removed and can I go after Barclaycard for compensation as it appears this default has had a severe impact of my credit score? Thank you for your help

Thanks for all the info guys. Cunning plans sometimes work sometimes not, in this case it seems not. Thanks anyway.

Read it but I still don't understand what it means and what the implications are. Sorry, I'm not being obtuse but it's legal jargon.

Hi Disgruntled, thanks for that but what is Section 423?

Hi All, and any advice on this would be gratefully received. We have a mortgage and a second charge on our house. The second charge was to cover a business loan. Now, this situation has been on going since the 2008 crash and we have been unable to repay the second charge and given other circumstances I know I will have to go bankrupt to get out of the situation. However, we are still in control and I would like to take the following course of action is it against the law and what would the implications be if any other than what I already have described. If we say for example the house is worth £150K and the mortgage is £50K (1st Charge) and the loan is £50K (2nd charge) and we sold the house to a third party completely unconnected to us for £52K repaying the mortgage but only paying £2K of the second charge would the 2nd charge lender come after us for selling the house to cheaply? I have simplified the situation to some degree but in essence that is the situation we are in. Any views as said will be very welcome. Gamekeeper

Hi All, any advice on this matter would be greatly appreciated. I took out an overdraft with Lloyds/TSB in 2005/6 for £50k through my company. The bank insisted that I have a Standard Security and Floating Charge on my house for the same amount. when they went through their split Lloyds/TSB insisted that my account be transferred over to the TSB. In the fullness of time the account overdraft was transferred over to TSB. Then a year later TSB decided they could not manage my account (purely administrative) and insisted my account be transferred back to Lloyds/TSB but as I live in Scotland there are no Lloyds branches and therefore, it was transferred to Bank of Scotland. For various reasons the business failed and Bank of Scotland have called in the overdraft. Now, this is where I think it gets murky. At no time did the Bank ask for or change in any way the Standard Security on my house and therefore Lloyds/TSB still have the second charge on my house but I don't owe them any money as the debt was repaid when I moved to Bank of Scotland. I know they are the same group but they are all different companies. Does anyone have a view if Bank of Scotland can take action against me regarding the second charge or do they have an unsecured loan? Clearly I'm on the hook either way but there will be very different outcomes if the Bank can't action the second charge. Thanks for having a look and if you need more info please let me know. Gamekeeper

Hi CB, and thank you for the prompt reply. I did read the link you posted with great interest. I will now try to read the docs I have but they are not overly legible and establish what it is I actually have. At the end of the month we'll see where Lowells go with this, it wil be interesting if nothing else. I will keep you posted. Many thanks so far. Cheers

I thinkl I took it out to get a discount on some purchases when we were at the shop. You know the situation, "please take our card out today and we'll give you 10% off whatever you're going to buy". Seemed daft not to. Cheers

Hi both, yes my sig is on the document. I don't recall if I were allowed to take cash or not. Sorry, not being very helpful here. I copied the docs as 500 dpm so what you see is what I have. Given what you can see and what I have said any views? Cheers

Hi all. application form attached. I hope it works! Cheers

Hi CB, I signed for it in store. I don't think it was a store card but honestly can't remember. Would you explain why you ask? I will follow your instructions and repost the forms asap. Cheers

Hi again, no there has never been a gap for five years when no paymnet was made. Last payment made 2010. Some way to go before SB is achieved. Cheers

[ATTACH=CONFIG]40153[/ATTACH][ATTACH=CONFIG]40152[/ATTACH] Hi Brigadier, I have attached the redacted application form which wassupplied to me by M & S (as well as Lowells). Also included with this copy was theTerms & Conditions dated 14/09/2011. Now, as long ago as it was when Iapplied I can remember signing this form and it was a little A5 type form andthe information on the forms attached was all there was. It was taken out in February 1998. I look forward top your comments. Cheers

Hi and thank you Brigadier. I have read many of your posts and am delighted your helping me with this. So, on that basis if the original does not exist there's nothing much they can do then or is there?

Hi all and thank you for all the replies. I have asked forand received a copy of the agreement although it’s of very poor quality andcannot be easily read. I took the card out between 2000/2002 I can’t quiteremember. The debt if for just over £7K so you can see why they’re chasing me. There is no PPI on the balance as I never took this out as Ithought it was a waste of money (funnily enough it was) and as for charges onthe account I don’t think they are high if at all but again not sure. I was under the impression that if they want to take legalaction against me they would have to submit the original document to the courtat inception (I live in Scotland).Hence my reason for asking if the original does exist. I don’t think it doesbut thinking and knowing are two very different things. Cheers

Hi all, I have read and used the information given on thesite for some time with some success and I thank you all very much but, now need advice/help with the dreadedLowell bunch. I had a credit card debt with M & S which due tocircumstances at the time could not pay and that was back in 2008. I did maketoken payments for a while but these were stopped in January 2010. I have managed to bat all comers off so far but Lowells have nowpurchased the debt from M&S and are a little more persistent. I have asked them under CPUTR 2008 to confirm they have theoriginal agreement and provide a copy of same. After trying three times theyhave still failed to answer my enquiry and just respond with the usual guff and procrastination. However, they sent me a letter earlier this month saying theyare giving me 21 days to either pay up or they Will: “send an agent roundto have a word or, proceed with court action or petition for my insolvency” Now this is all very threatening so I wonder is this thestandard rubbish they issue or is there truth in what they say? Any help or advice with be great and feel free to ask anyquestions I’ll do my best to answer them. Cheers

I had similar problems with my DAS at the start. I wrote and directed them to the CAB office which arranged the DAS. I think I also advised to read the rules about the scheme they may find it helpfull. It's the best thing I ever did all these people chasing me was driving me bonkers. Good luck.

Ho Porro, I'm just looking about and noticed your posting and it's likely you have an answer by now but just to let you know I'm in a DAS too and provided the Argos debt is within the DAS they can't do a thing. Just keep paying it and tell Moorcroft to take a running jump or words to that effect. Hope it's all worked out by now. Cheers

Hi and many thanks for the reply Steven. That was what I thought. Ah well one marked off the list several more to go. I have had responses from other credit card providers which are not so clear cut and I will post them in due course for others to look at and comment. Be in touch soon Many thanks Gamekeeper

Hello to one and all. I have been on this site for several weeks (that's how long it took me to read it) and it has been a fascinating read by the way. I have taken advice from various threads but now I think I might need help and I would be very grateful!!!! I have several credit cards with the usual suspects and have written off to obtain the various agreements etc some of which are obvioulsy not enforceable and some not so clear cut. One response in particular from Capital One is proving an issue at the moment. I think I took this one out in 2005, online. They have sent me "The Terms of your Credit Card Agreement" but these are their most recent terms and does not appear to relate to the time which the card was taken out. I did read some where that after December 2004 online applications are just a tick box and don't need a signature. Is this the case and would the information Capital One have sent be enforceable? This is just the first of many questions I have but this will get me started for now. Many thanks Gamekeeper

Hi Magda, I have been following your link with great interest. You are quite correct in that you have been mis sold PPI. You cannot sell it as a condition of loan. Some companys did this as a matter of course as they received very high rates of commission. And yes, the maximum it would cover you would be for five years. It was wrongly sold and therefore I would endeavour to get your premiums back plus interest. I don't know when you took out your loan but you maybe timed out for putting in a complaint 5 years is usually the maximum (but I'm prepared to be corrected). Good luck with your case. These people are little devils!!!!