Barclaycard and Halifax Defaults - Please Help!!

[letsdothis]

To cut a long story short I haven't CCA'd BOS, although from what I was told, Halifax were able to provide a CCA and it was unenforceable.

 

If the agreement was unenforceable, Halifax would still pursue the debt, but not through the courts.

 

Is it worth it to CCA Blair, Oliver and Scott? What would be the aim here?

 

I SAR'ed Halifax and all the BOS stuff was in this when I got the information through.

 

To be perfectly honest I am not looking for the debt to magically disappear.

 

I wasn't suggesting that was what you are after, just that that is the end result.

 

I want to get rid of the defaults and will do whatever I have to to achieve that.

 

This is the hard part.

 

What do you do to achieve that?

 

As already stated, there is a good chance that Merser's would have got the defalut wrong, so that would be one possible avenue of attack. However, I have got nowhere with this so far. I will let you know if and when the way I am trying works.

 

As for the Halifax, again I have no idea if the DN would be correct or not. If any of the accounts inlude default charges, late payments etc, then you could argue that the default notices are invalid and therefore should be removed.

 

Even if I have to pay the full balances off I will do it. I need to get those defaults removed.

 

Even if you paid them off in full, you would have to be tough and negotiate this with BC and Halifax. They would of course argue that they are in the right, and that the defaults are a correct insight to the way that your accounts were run.

 

Again, the default fees and late payments etc would be the possible arguement to show that they were not reflecting a correct insight to your account.

 

Perhaps try and negotiate once you have all the CCA's and the SAR's is the way to go?

[ValentinoLondon]

Hello everyone,

 

Its been about a month since I last posted and since then I have been reading up on the possibilities but don't know what to make of anything.

 

Its all so overwhelming for me and keep on going round in circles - information overload - I guess I would make a terrible lawyer! But time is moving on and I really need to make a start on this now.

 

I just have too many questions in my head and don't know where to begin. I really need some clarification before I feel confident that I know where I am going.

 

I have 2 defaults with 2 different lenders, but I think I need to focus on one lender at a time, so I'm just going to focus on Barclaycard for now.

 

Just to recap:

 

Barclaycard have no CCA and defaulted me in Sep 2009 (exactly one year ago) because I suspended payments. I haven't heard anything from them nor from any DCA since the default. Everything went silent when they realised there was no CCA and they couldn't do anything about it. Now I want to get this default removed. The defaulted amount is about £17600.

 

I think there are 4 main options but I have too many questions. Please would someone comment on whether I am on the right track or not. I would also like to know *which order* I should proceed in:

 

1. I understand that the CRA's defaulted me by default (so to speak) because I had 6 months of missed payments. Now, as I understand it, how the default came about is immaterial. The fact is I have had a default placed on my file, and I should have received a default notification letter from the lender, to allow me the 28 days (?) to address the situation. The truth is if I had known about the pending default I would have resumed payments immediately. I would never have let it go to default status.

 

On that basis, I would like to know, should I request the lender (Barclaycard) to provide me with a copy of the original DN and if they fail to provide me with a copy then can I ask for the default to be removed? If they don't have a copy of the original DN and refuse to remove the default then can I write to the ICO and would they view this in my favour?

 

If they (Barclaycard) do provide me with a copy of the original DN which (I don't recall having received), then should I check for any inaccuracies and ask for the default to be removed on that basis? Problem is I have heard that if the original default amount is inaccurate then they can issue a new one. Is this correct? I dont think the account is closed because they keep on updating the CRA each month. I can see this from the Last Updated date.

 

2. The second option is to write to Barclaycard stating that the debt is unenforceable, which they are acutely aware of, and I am prepared to make an arrangement to pay *if they remove the default*. Surely they would want their £17600 repaid, would they not?

 

3. The third option is to write to Barclaycard stating that there is no CCA, and as such any alleged debt which they say I have is not regulated by a valid CCA. Therefore they need to remove all my details from their computer systems and are not permitted to share any information with anyone (including any CRAs). I think I read on the ICO website that a requirement to share information with CRAs is to have a regulated valid CCA. Now since a CCA does not exist then this requirement is not met and they are not permitted to share information with CRA's. Is this correct or just a red herring?

 

4. The fourth option is to forget about requesting any DN's at this stage. Request a SAR first and take it from there once I see all correspondance.

 

Truly, I really wish I could pay for someone who has a lot of expeience to do this for me. Problem is I don't know who??

 

Or if I can't find anyone then I would just ask that everyone be patient with me and help me along the way, as I'm going to need a lot of help.

 

Thank you all so much

 

Val

[dx100uk]

Hello everyone,

 

Its been about a month since I last posted and since then I have been reading up on the possibilities but don't know what to make of anything.

 

Its all so overwhelming for me and keep on going round in circles - information overload - I guess I would make a terrible lawyer! But time is moving on and I really need to make a start on this now.

 

I just have too many questions in my head and don't know where to begin. I really need some clarification before I feel confident that I know where I am going.

 

I have 2 defaults with 2 different lenders, but I think I need to focus on one lender at a time, so I'm just going to focus on Barclaycard for now.

 

Just to recap:

 

Barclaycard have no CCA and defaulted me in Sep 2009 (exactly one year ago) because I suspended payments. I haven't heard anything from them nor from any DCA since the default. Everything went silent when they realised there was no CCA and they couldn't do anything about it. Now I want to get this default removed. The defaulted amount is about £17600.

 

I think there are 4 main options but I have too many questions. Please would someone comment on whether I am on the right track or not. I would also like to know *which order* I should proceed in:

 

1. I understand that the CRA's defaulted me by default (so to speak) because I had 6 months of missed payments. Now, as I understand it, how the default came about is immaterial. The fact is I have had a default placed on my file, and I should have received a default notification letter from the lender, to allow me the 28 days (?) to address the situation. The truth is if I had known about the pending default I would have resumed payments immediately. I would never have let it go to default status.

 

On that basis, I would like to know, should I request the lender (Barclaycard) to provide me with a copy of the original DN and if they fail to provide me with a copy then can I ask for the default to be removed? If they don't have a copy of the original DN and refuse to remove the default then can I write to the ICO and would they view this in my favour?

 

If they (Barclaycard) do provide me with a copy of the original DN which (I don't recall having received), then should I check for any inaccuracies and ask for the default to be removed on that basis? Problem is I have heard that if the original default amount is inaccurate then they can issue a new one. Is this correct? I dont think the account is closed because they keep on updating the CRA each month. I can see this from the Last Updated date.

 

if [as we have prob guessed correctly] that the 'default' is as a result of 6 missed payments & is thus an automatic default mark by the CRA system, them BC will not have issued a DN.

i can see no-way of fighting this, unless the whole balance was solely charges - which is silly.

2. The second option is to write to Barclaycard stating that the debt is unenforceable, which they are acutely aware of, and I am prepared to make an arrangement to pay *if they remove the default*. Surely they would want their £17600 repaid, would they not?

 

still not guaranteed to get the missed/late payment markers removed and thus the default. even if it we un-en. they are still within their right to report the A/C

3. The third option is to write to Barclaycard stating that there is no CCA, and as such any alleged debt which they say I have is not regulated by a valid CCA. Therefore they need to remove all my details from their computer systems and are not permitted to share any information with anyone (including any CRAs). I think I read on the ICO website that a requirement to share information with CRAs is to have a regulated valid CCA. Now since a CCA does not exist then this requirement is not met and they are not permitted to share information with CRA's. Is this correct or just a red herring?

 

sadly a red herring

4. The fourth option is to forget about requesting any DN's at this stage. Request a SAR first and take it from there once I see all correspondance.

 

can't see how that can help either

 

Truly, I really wish I could pay for someone who has a lot of expeience to do this for me. Problem is I don't know who??

 

Or if I can't find anyone then I would just ask that everyone be patient with me and help me along the way, as I'm going to need a lot of help.

 

i would have to seriously read-up on what you could do here

pers , with my limited? knowledge i cannot see a way, other than to wait for it to be sold to a dca , then offer the DCA 'a' F&F to close the matter once and for all and totally remove ALL data from your CRA as if the debt never existed.

this has been done before.

Thank you all so much

 

Val

 

dx

[ValentinoLondon]

Hello dx,

 

Ok thanks, I am starting to get the idea here.

 

It seems a shame that just because I had an 'automated' default as opposed to a 'manual' one, I was not afforded an opportunity to stop it from happening by way of a DN.

 

I would have thought that a default is a default and the whole point of a DN is to give someone a last chance to sort out the situation so as to avert it.

 

The problem is that the debt can never be sold to a DCA because there is no CCA. I am correct in assuming this? In which case there is no hope

 

My other lender which is a Halifax also has an automated DN (I am guessing), but with that lender there is a CCA, so I guess if I stop the arrangement I have made with Blair, Oliver and Scott (their in-house DCA) it might just get sold to an external DCA, after which I could offer a F&F settlement to get the default removed. Then again, if I cant get both defaults removed then I'm not sure what the advantage would be of removing just one. They both occured in a space of a couple of weeks of each other.

 

Val

 

Val

[dx100uk]

Hello dx,

 

Ok thanks, I am starting to get the idea here.

 

It seems a shame that just because I had an 'automated' default as opposed to a 'manual' one, I was not afforded an opportunity to stop it from happening by way of a DN.

 

I would have thought that a default is a default and the whole point of a DN is to give someone a last chance to sort out the situation so as to avert it.

 

in this circumstance, there would not have been a dn issued if we are correct

The problem is that the debt can never be sold to a DCA because there is no CCA. I am correct in assuming this? In which case there is no hope

 

no any debt can be sold, in-fact, 'unrecoverable debt due to no cca' is most probable to be sold on quicker as the oc will write the balance off for tax purposes very quickly to recoupe losses asap.

 

My other lender which is a Halifax also has an automated DN (I am guessing), but with that lender there is a CCA, so I guess if I stop the arrangement I have made with Blair, Oliver and Scott (their in-house DCA) it might just get sold to an external DCA, after which I could offer a F&F settlement to get the default removed. Then again, if I cant get both defaults removed then I'm not sure what the advantage would be of removing just one. They both occured in a space of a couple of weeks of each other.

 

Val

 

 

for what reason are the defaults causing you trouble?

 

dx

 

 

Val

 

..........................................

[ValentinoLondon]

Hello dx,

 

Ok. I just thought that if a debt is unenforceable then why would anyone want to buy it off the oc.

 

In that case why have Barclaycard just sat on it for a year and done absolutely nothing about it. No letters, no correspondance at all. Nor have any of the Debt Collectors got in touch either. Some may say thats a good thing, but it doesn't give me a chance to offer a F&F settlement.

 

The reason that the defaults are causing me trouble is because I just recently had a job offer retracted because of it. It was a huge blow.

 

Val

[dx100uk]

Hello dx,

 

Ok. I just thought that if a debt is unenforceable then why would anyone want to buy it off the oc.

 

thats what dca's do - try and fleece people on debts that are not collectabe for one reason or another by telling you lies etc etc.

 

In that case why have Barclaycard just sat on it for a year and done absolutely nothing about it. No letters, no correspondance at all. Nor have any of the Debt Collectors got in touch either. Some may say thats a good thing, but it doesn't give me a chance to offer a F&F settlement.

 

The reason that the defaults are causing me trouble is because I just recently had a job offer retracted because of it. It was a huge blow.

 

Val

 

understood sad situation many are in.

 

dx