Can I be defaulted twice on same credit card account?

[WormHasTurned]

Just under 2 years ago my Barclaycard went to Mercers, and I received a default notice on Mercers headed paper.

 

The account was then transferred back to Barclaycard.

 

I've been trying to keep up with the reduced payments (£50+ per month) they then agreed with no interest, but having been back to CCCS with my current situation they advise a £1 token payment at present. Things are due to improve once priority debts are paid off but this will take about 12 months, and I am now on a payscale ladder so things will improve next year.

 

Barclaycard have refused this offer and their previous letter said they would send a default notice if I didn't send the £50+ payment in 7 days, and will add interest again, their current letter says they will send a default letter if I don't contact them (no timescale given, but it is strongly implied that I telephone)

 

Can someone knowledgeable please advise the 'rules' and implications about a second default notice for the same account?

 

Thank you in advance.

[Guest Old_andrew2018]

Bump

[postggj]

did barclaycard default the account listed on your credit file two years ago

if they did and sold the account to mercers, mercers can default the account as they would have been sold the account. but mercers default must show the original default date that barclaycard placed on your credit file. if it is back in the hands of barclaycard, barclaycard cannot default again.

have you checked your credit file to see if a default has been registered.

if no default is showing come back for advice as once a default shows, its a pain to get removed.

[cashins]

Don't think Mercers buy accounts from Barclays.

 

They are in fact owned by Barclays and work out of the same offices, just passing the parcel back and forth. I have a couple of Barc accounts, default notices from them and also have had notices from Mercers. They are not worth the paper they are printed on.

 

David

[WormHasTurned]

About a month ago I sent a CCA request letter recorded delivery to Mercers together with a £1 postal order.

 

Just got my BC statement and the £1 has been credited to my account, and no sign yet of any response to my CCA request.

 

Did get a different letter about 10 days ago, from Mercers, not accepting my current offer of £x per month 'however we would be prepared to look at the matter again if you are willing to propose an increase in your offer to £xx per month...to discuss..please call us on within the next 7 days. If you do not comply with the above, a Local Debt Collection Agent may be asked to call upon you.

 

'Please note we will not consider any further offers of repayment that are below the amount we have requested above'.

 

It's crazy that they put CCCS and Payplan information on the back of their statements for people in financial difficulties, then when you go to those agencies and follow their advice about a repayment offer - BC/Mercers refuse to accept it.

 

Should I send the 'don't visit' template letter next?

[slick132]

Hi WHT,

 

This is a very dodgy move on the part of the DCA although, as you've been paying them recently, it will not affect your situation. It would make a difference to a debt that was near or beyond 6 years old and would stop the debt being Statute Barred (where the DCA can no longer chase an older debt).

 

You should write to Mercers and say:-

 

"The £1.00 fee enclosed with my letter of date was in respect of my formal request for the Credit Agreement under the Consumer Credit Act 1974 (Sections 77−79) and you have no right whatsoever to credit it as a payment to my Barclaycard account.

 

You have already failed to respond within the 14 days allowed so the account is now formally IN DISPUTE. Accordingly:-

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not instruct or allow a Local Debt Collection Agent to call on me.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

I now require your confirmation that the £1.00 fee has been correctly credited as payment for my CCA request, or it should be returned to me.

I await your response and will, if necessary, report your actions to the relevant authorities.

YF,

W H Turned"

 

 

 

[davey77]

Any news on this one WHT? Had the same with Barclays, £1 credited to account. I wrote directly to the complaints dept of Barclays and got the agreement very quickly afterwards.

[WormHasTurned]

I am repaying Barclaycard through a non-fee charging DMP. On checking my credit record the account is listed as Not Defaulted, worst status "6", currently "AP", and report until 6 years after account closure.

 

I have just found the default notice I was sent by Mercers in July 2008 "Default Notice served under section 87(i) of the Consumer Credit Act 1974". I was not able to pay the amount required by the default notice, and the Barclaycard statements after that show I made £1 monthly payments for a while.

 

I feel I ought to complain to Barclaycard that they didn't report the default correctly (as if they had it would have been off my credit file by now) but I am unsure of the best wording to use, or how I stand on this. The result I would like to see is the Barclaycard information gone forever from my credit report.

 

Thank you

[fkofilee]

Barclays have been known to amend records when complaining.

I view this as a serious case where you will need to go high up the chain IMHO.

 

[email protected]

[email protected]

 

Although Mr jenkins has been fired, his Mailbox is still being monitored.

[slick132]

Hi WHT,

 

The "best wording to use" is short, simple and factual.

 

Something like :-

 

Mercers issued a Default Notice for this BC account in July 2008.

 

I have just checked my CRA files and note BC continues to report adverse data about the account.

 

Such reports should have stopped 6 years from when Mercers sent the default notice and I require that you instruct the CRA's to stop reporting on this account immediately.

 

Failure to do this will result in formal complaints to the ICO and the FOS, and/or a claim against BC for damages.

 

You can also complain to the CRA's that the data they are carrying is inaccurate and you require them to remove the data or post a notice of objection.

 

[WormHasTurned]

Gosh, thank you Mods for finding and merging the old thread. I'd forgotten about it. Time to get this one sorted.