Removing Default, please please help

[MR2Phil]

I had a Barclays account with an overdraft which was outstanding for a while to the tune of £1300. I entered into an agreement with their Central Debt Collection Services and was paying off as much as I could every month, usually £80 but then increasing to a final payment of £500. They were always helpful and understanding. When I checked my credit report, I can see they have put a default on it for this account.

 

I don't see how I defaulted if I was paying what they wanted without ever missing a payment...if I'd known they were going to do that at the time then I wouldn't have paid in full, I'd have come to an agreement. I just thought it would look better for me in the long run. How naive of me.

 

I've just spoken to some snotty lady there (first bad apple I've come across there) who basically told me they'll never remove it. I'm fairly sure they never even served a default notice on me...she said they can send the copy, but that could be anything!

 

What can I do to try and have this removed? My life will basically be shagged for the next SIX FRIKKIN' YEARS.

[MR2Phil]

Right, I received a copy of the default notice they sent me....it wasn't to the right address. Although this was my fault in not informing them of my move some 5 months earlier, would I still have grounds of never having received it?

 

Any help greatly appreciated.

[slick132]

Hi Phil,

 

I don't know that you have a valid case to argue here.

 

The a/c was out of order, regardless of the fact that this was resolved by you sticking to a repayment schedule.

 

I'm going to move this to the Data Protection and Default Issues forum where you should get good advice.

[lookinforinfo]

Slick is quite right . By your own admission the £1300 was outstanding. However as you have now paid it off, commom sense within the bank should

realise that you did better than keep to the new arrangement and paid it off about 6 months earlier than agreed.

 

I suggest that you either write to the bank. or visit your bank manager pointing out these facts and asking them to remove the default. Adding that the default didn't work, since you made the repayments without knowing that you had been defaulted.

 

Defaults have no legal backing and it is up to the company involved to decide whether to remove the default. If they still refuse, I suggest that they are not the kind of company that you should be be dealing with.

Close the account after opening with another company. Once your contract with Barclays is closed, give them 7 days to remove the default, or sue their socks off.

Edited September 13, 2008 by lookinforinfo

[lookinforinfo]

On second thoughts, you are better keeping it in writing rather than seeing your manager to give you a complete record should you need to go to Court.

[BankFodder]

I had a Barclays account with an overdraft which was outstanding for a while to the tune of £1300. I entered into an agreement with their Central Debt Collection Services and was paying off as much as I could every month, usually £80 but then increasing to a final payment of £500. They were always helpful and understanding. When I checked my credit report, I can see they have put a default on it for this account.

 

I don't see how I defaulted if I was paying what they wanted without ever missing a payment...if I'd known they were going to do that at the time then I wouldn't have paid in full, I'd have come to an agreement. I just thought it would look better for me in the long run. How naive of me.

 

I've just spoken to some snotty lady there (first bad apple I've come across there) who basically told me they'll never remove it. I'm fairly sure they never even served a default notice on me...she said they can send the copy, but that could be anything!

 

What can I do to try and have this removed? My life will basically be shagged for the next SIX FRIKKIN' YEARS.

I think that you will find that they are not entitled to default you if the sum is in dispute or if you have entered into an agreement with them which is satisfactory to them. Clearly (according to you) you did do that.

Firstly do you have some record of the agreement which you made with them?

Secondly double check what I have said about defaults in the Banking Code and in the IC guidelines to CRAs.

 

If all of this pans out then come back here

[lookinforinfo]

bankfodder is correct in saying that a default should not be added in the event of a dispute.

However, if the default was added before you came to an arrangement with the DCA, which is what I assumed, then it may be that the default was correctly issued.

Therefore the timing of when the default was posted will decide what your course of action should be.

[MR2Phil]

Ok guys, thanks for your advice. I think (from the copy they sent me) that the default was issued before I entered into the agreement. I wasn't entirely sure if I DID have a case to argue or not, I just thought (and hoped) that they might remove the default once I'd cleared it. Like you say, I did clear it early and even refused the settlement offer at one point as I (stupidly) thought that clearing the whole amount would look better than agreeing a settlement figure. (Derrr).

 

I have read that the default is deemed served from the moment they issue it, regardless of whether the intended recipient ever sees the document or not?

[MisterV]

seems we are in a similar boot MR2Phil

[jake44]

I have chanced my arm and sent two letters away one to Barclays and the other to the clydesdale bank. The account for Barclays are for bank charges from four years ago. I have explianed that we are remortgaging and would hope that due to the current financial turbulance and that because the amount on default refers to bank charges that I am claiming back that they would kindly remove the default.

 

The second one is a bit different. It is for the clydesdale bank . Both are now being paid to their inhouse debt collectors Jeremy Sutcliffe , and have been greatly reduced and paid on time. Again I have explained regarding re mortgaging and ask that they be sympathetic !! we will see what the response is.....................

[slick132]

Hi Jake,

 

If you want any advice on these matters, start a new thread (or 2,) to avoid hijacking others' threads.

 

I'm afraid I don't share your optimism about getting defaults removed, certainly with BC. If the mortgage lender doesn't like the fact that you have these defaults, they could refuse to remortgage or charge a punative rate because of them.

 

You may need to work on getting them removed using the CCA route to see if BC and Clydedale have valid Credit Agreements for the defaulted a/c's.