Default Notice, but no Default on Credit File??!

[thatfellow]

Barclaycard handed over my account to Mercers recently and I subsequently received what purported to be a 'Default Notice' through the post.

 

Checking my Experian report, however, there is no mention of the default- just a note saying that I am behind with payments.

 

Two things: is it possible to be defaulted but for the default not to show up? And secondly, is this bad form from Mercers- essentially a groundless threat intended to put the frighteners on me?

 

I should add that the whole account is in dispute due to an unlawful charges action (currently stayed)

 

Thanks

[thatfellow]

I should add that the notice was sent a few months ago- even accounting for a delay in the info being processed, this seems a bit odd.

[Lula]

Barclay card? not a bank account?

 

a) the OFT case does not affect credit card claims

 

b) they cannot default you if the account is in dispute

[sallysas]

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

 

 

 

Re: account no. xxxxxxxxxxxx

Account holder. xxxxxxxxxxxxxxxxxx

Address. xxxxxxxxxxxxxxxxxxxx

 

Whereas I have been a customer of xxxxx since xxxxx and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

signed

 

 

 

 

date

 

 

This is what I sent to Halifax recently. I also included a letter stating that they were to stop the default notice with this last paragraph which I lifted from another thread. Credit cards are not covered by the test case as stated above. (Same is true of mortgages/store cards and business accounts.)

 

 

 

I note from your latest correspondence that you have issued me with a Default Notice on this account - I need to make you fully aware that as I am disputing the sum owed you must refrain from any further action until this dispute is fully resolved.

 

Yours sincerely

[MoonHawk]

Two things: is it possible to be defaulted but for the default not to show up?

No. When you receive a default notice, it must include a remedy which if you take you will not default and a time you should do this by. After that then they can default you and put a default on your file.

 

And secondly, is this bad form from Mercers- essentially a groundless threat intended to put the frighteners on me?

 

I should add that the whole account is in dispute due to an unlawful charges action (currently stayed)

As Lula and sallysas have already pointed out if the stay was given in relation to the current OFT case, then it does not apply. A stay on the basis of the OFT case only applies to bank accounts only. So you can pply for the stay to be removed in that instance.

 

If the account was put into dispute before the default notice then they are pushing the limits of what is OK. I had the same scenario with lloyds TSB and basically, if they have given you what they deem to be their final answer, then they are allowed to pursue the debt, as they no longer consider the debt in dispute. And infortunately strange as it may seem , it being in court or you saying it is still in dispute makes no difference and it is near impossible to get TS or OFT to act on it, at least it was for me. They say that since they have investigated the dispute and given you an answer it is over.

 

I am not saying this because it is what I believe is correct, but want to make you aware that you may need to prepare yourself for a lot of letters going back and forth before it is resolved.

 

Best Wishes

MoonHawk

[overdone]

Barclaycard handed over my account to Mercers recently and I subsequently received what purported to be a 'Default Notice' through the post.

 

Checking my Experian report, however, there is no mention of the default- just a note saying that I am behind with payments.

 

Two things: is it possible to be defaulted but for the default not to show up? And secondly, is this bad form from Mercers- essentially a groundless threat intended to put the frighteners on me?

 

I should add that the whole account is in dispute due to an unlawful charges action (currently stayed)

 

Thanks

It is typical of Mercers to send a mock default and not default you. They can keep six years running forever so it does not fall off your credit file. But, if you do not pay anything on the account for six years because they fail to settle your dispute, you can claim Statute Barred. I am relying on this strategy too.