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callahan

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About callahan

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  1. No consistency. What is upsetting is that the adjudicator initially told me that he was not satisfied with Barclays explanation regarding the 10 month delay and would uphold my complaint. He had written to Barclays to explain this. He then made a U-turn explaining that Barclays internal policy should be taken into account. I argued that this policy is inconsistent with an almost identical Barclaycard of theirs, and inconsistent with industry practices and the ICO guidance on reporting defaults. Unfortunately these guidelines and industry practices have taken a backseat in place of
  2. Klandestine: "Indeed. The fos looks at complaints based on what is fair and reasonable as opposed to sticking rigidly to the law and industry guidance." Some might argue that the law and industry guidance (of which Barclays contributed to develop) is fair and reasonable.
  3. Klandestine "Assumably, each account had a different balance and possibly even a different interest rate and therefore a different minimum monthly repayment - so you can't really compare one to the other." Registering of defaults on credit cards is based on how many months arrears the account is in. There is no mention in the ICO guidelines with regards to balance or interest rate. But as you asked the interest rate was identical and the balance on one is very similar to the other.
  4. Guidance note 11 “Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed.” “Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.” “Accounts should normally be filed as being in defaul
  5. Complaint regarding Barclays after i lost my job and had to make reduced payments. Barclays defaulted one of my credit card accounts after 7 months of arrears. They defaulted the other after 10 months. I complained that the second default date was completely inaccurate and asked for it to be changed to one similar to my other account. The adjudicator upheld my complaint but Barclays would not accept his decision and complained. The adjudicator then changed his mind saying he had not taken into account Barclays internal procedures which resulted in the delay. I showed that the
  6. Thanks. It has been sold to a DCA however the default is registered by Marbles and only Marbles can alter or delete it. (So i have been led to believe) Are there examples of DCA removing original creditors defaults as part of a settlement?
  7. I haven't just yet as i need to clarify what resolution i require. Request that the default is backdated? Or do i have grounds for it to be removed altogether? PS: Sorry. I was trying to find a way to end the previous thread which was solely to do with backdating.
  8. Hi, I have a default with Marbles Credit Card which i feel is incorrect. Should i pursue my complaint with the aim of; 1. backdating the default to the correct default date? This would mean it drops of my file in 1.5 years time instead of 3.5. 2. Or do i have grounds for it to be removed altogether? 50% of the debt is still outstanding. Timeline. 2002. Received my new Marbles credit card. For 7 years i never miss a payment. May 2009. Lost my job. Informed Marbles i was no longer able to make the repayments. June 2009. I cut and return my
  9. ICO guidelines: “Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed.” “Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.” “Accounts should normally be filed as being in de
  10. It can also be argued that £15 is a token payment hence guadance note 17. “Lenders should not file a default where there is a genuine and agreed variation in the payment schedule. (The only exception to this is where a debt management programme is put in place where the level of repayment represents only a token sum which is only accepted by the lender because the customer cannot afford to pay more.” and finally your efforts to pay have left you in a far worse position than someone who made no effort at all as they would have had a default registered far earlier. “Where a rescheduling
  11. Regarding what constitutes a default and the breakdown of relationship I refer to guideline 10 which gives the following as an indication of when a breakdown has occurred in the relationship between the lender and the individual. “The account has been referred to a collection agency or in-house debt collection department.” “The lender takes or has taken steps to cut off the service provided” - I assume you stopped using the card. “The customer has not made satisfactory proposals in response to a demand for repayment” - £15 is understandably not a satisfactory proposal as it w
  12. According to guidance note 9 ICO the default occurred as soon as you failed to meet your contractual obligations. “A default is said to occur as soon as a borrower fails to meet the terms of their credit agreement” Some further breaches of the guidelines; “Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.” “Accounts should normally be filed as being in default where those payments due have not been received for six months.” "This guidance does not rel
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