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Barclaycard - Avoiding Defaults notice?

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I have gone about this the wrong way before - got into trouble first and then sent credit cards packing - but I am helping a couple of friends through this and wonder if there is a way of doing it without getting a default.

 

Barclaycard have sent T&Cs not CCA and deny it is in dispute and say they will be issuing a default notice.

 

My unsderstanding is that if they are in default on grounds of not producing the CCA they cannot issue a notice - thoughts please.

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I have gone about this the wrong way before - got into trouble first and then sent credit cards packing - but I am helping a couple of friends through this and wonder if there is a way of doing it without getting a default.

 

Barclaycard have sent T&Cs not CCA and deny it is in dispute and say they will be issuing a default notice.

 

My unsderstanding is that if they are in default on grounds of not producing the CCA they cannot issue a notice - thoughts please.

 

Whilst this is correct, it doesn't mean that they won't do it. they will post a default at the drop of a hat. If payments cease because of an unenforceable CCA or a non existent CCA then expect them to default

 

However, if they do default an account where no default exists, they are effectively defaming a persons character by posting untrue information with the Credit Reference agencies and can be taken through the courts. if you can prove that no default situation has occured then they are

b@ggered


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Thanks for that - glad I had it straight.

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I am in the same position, two accounts in dispute but despite this MBNA and HALIFAX have issued default notices, and passed to DCA's.

Do we wait to go to court to get them removed or can we take action now? and if so what?

Thanks for the help, in anticipation

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when you make the decision to take these guys on you are going to have to face reality and accept that your credit files are going to be f***ed up by these people and it is hard work getting them put right

 

not putting you off but you need to be aware that this "goes with the territtory"

 

so if you are thinking of re mortgaging for instance youd better do that BEFORE you take on these creditors

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Thanks Dicky - I thought that may be the case - given the individual positions it is a price worth paying.

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I am sure that they will put a default notice up and still add on interest etc, however is there a set proceedure for actioning the removal of the notice?

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