Default not registered

[musicronny]

Hi,

 

I defaulted on 5 accounts in 2010, of which 4 of them registered a default on my credit file.

 

The other one,

Barclaycard, transferred the debt

in May 2012 to IDR Finance and

they have appointed Link Financial to manage the account.

 

I checked my file last month and

 

Link Finance have been marking the account on my credit file every month with a (6) and a BB underneath.

 

Whilst the debt was with Barclaycard,

I received a Default Notice through Mercers in Oct 2010.

 

Has anyone had any experience of getting Link finance to change these entries to the correct status?

 

And are there and standard type letters I can send to them?

 

This Barclaycard was originally a Morgan Stanley card then a Goldfish card before becoming a Barclaycard.

 

I CCA'd Barclaycard in 2010 and they sent me T&Cs.

 

Any help would be greatly appreciated.

[AndyOrch]

Write to Link and attach a copy of your Default Notice from BB and inform them of the Default start date IE 2010.Its important that you mark across the copy Default Notice " DEBTORS COPY FOR CONFORMATION ONLY " corner to corner in RED

 

 

Ask them why they are falsifying the data by amending the default term by 6 ?

 

On the bottom of your letter copy to All Credit Reference Agencies /ICO.

 

 

See what response you get...if you dont then send it to the copied parties.

 

Regards

 

Andy

[dx100uk]

surely as long as Plink have not changed the default date in the summary of the debt

whatever they mark the file with, make little difference?

 

certainly not harming you if the above is correct.

 

I hope you are not paying plink anything?

 

dx

[musicronny]

Thanks for the replies.

 

There's no mention of a default, at all on my file for the link account. The other 4 accounts that also defaulted, have the date the defaults were registered.

 

I am on a DMP with payplan and the barclaycard was included. So they are getting something every month!

[dx100uk]

check another cra provider don't rely on one alone.

 

just remember there is no direct link between a DN and the marking or not of your CRa file with a 'default'

 

a DN is a letter advising you that under the CCA your account will enter a default state

in 14 days if you don't meet the required balance.

 

it has not relation to your cra file sadly.

 

now ofcourse

the debt should have been given a efault date long ago.

 

also just remember that the red 6 IS the qiv of a default status on a cra file.

 

as with all your debts...

 

I hope you've sent them a CCA request?

 

if plink don't hold an enforceable CCa they can go swivel!!

 

when did you take the card out?

 

dx

[musicronny]

I took the original Morgan Stanley card out about 2004

[dx100uk]

send link a CCA request

 

bet Barclays don't have one.

 

you ideally should do this with all your debts.

 

don't just take things as 'given' that you owe everything they claim.

 

get a second CRa file too

 

noddle is free

 

dx

[musicronny]

I'll get them CCa requests sorted.

 

Cheers

[dx100uk]

great idea!

 

just remember.

 

you need to look at the first 'marker' on this file 1, 2 ,3,4, etc blobs...

 

you'll prob find that BC didn't carry the DN threat through as you entered into a DMP?

after the 1,2 blobs appeared?

 

if BC sold the debt and LINK are now shown as the owner on the CRA file

 

there is most probably something wrong with the debt.

 

you ldeally need to sar BC and get all the statements.

 

find out the reason why they sold it.

 

dx

[BRIGADIER2JCS]

You say a default notice was sent, but was the account actually defaulted Barclaycard is known for sending DNs but not placing the actual default. or did you pay the amount required to rectify the default.

[musicronny]

You say a default notice was sent, but was the account actually defaulted Barclaycard is known for sending DNs but not placing the actual default. or did you pay the amount required to rectify the default.

 

Hi BRIGADIER2JCS,

 

I received the DN from Mercers in Oct 2010 and my first payment into my DMP was Nov 2010. I haven't spoke to or payed barclaycard anything since May 2010 other than through my DMP.

 

Regards

[musicronny]

great idea!

 

just remember.

 

you need to look at the first 'marker' on this file 1, 2 ,3,4, etc blobs...

 

you'll prob find that BC didn't carry the DN threat through as you entered into a DMP?

after the 1,2 blobs appeared?

 

if BC sold the debt and LINK are now shown as the owner on the CRA file

 

there is most probably something wrong with the debt.

 

you ldeally need to sar BC and get all the statements.

 

find out the reason why they sold it.

 

dx

 

Hi dx,

 

I have checked CRAs CheckMyFile and Noddle and both have Link as the owner of the debt and both started with (6) markers from May 2012.

 

Here are the markers that BC put on the account from Mar - Dec 2010.

 

MAR (1) APR (AR) MAY (AR) JUN (AR) JUL (AR) AUG (2) SEP (3) OCT (4) NOV (5) DEC (6)....The (6)'s until sold to Link.

 

I CCA'd this account in 2010 when BC owned it and they sent me their current T&Cs at that time. I would imagine, as this account has been passed from MSDW to Goldfish to BC, that the original signed agreement (2004) can't be found.

[musicronny]

The reason I want to sort this default status out is because it will be the only one left on my CF in 3 years time as the others will drop off.

 

Until then I will be paying my DMP and looking to make reduced F&F settlements with as many creditors as I can.

 

I will be playing hardball with those who cannot produce a valid CCA

which as to date is 2 (BC & Halifax CC)

and maybe an Egg Card which was also transferred to BC in NOV 2011.

 

http://s840.photobucket.com/albums/zz328/musicronny/Egg%20CCA/ Egg CCA

 

All the help and advice is much appreciated.

[dx100uk]

Hi dx,

 

I have checked CRAs CheckMyFile and Noddle and both have Link as the owner of the debt and both started with (6) markers from May 2012.

 

Here are the markers that BC put on the account from Mar - Dec 2010.

 

MAR (1) APR (AR) MAY (AR) JUN (AR) JUL (AR) AUG (2) SEP (3) OCT (4) NOV (5) DEC (6)....The (6)'s until sold to Link.

 

I CCA'd this account in 2010 when BC owned it and they sent me their current T&Cs at that time. I would imagine, as this account has been passed from MSDW to Goldfish to BC, that the original signed agreement (2004) can't be found.

 

then link are doing nowt wrong sadly.

 

just remember that on a mortgage search

 

they get the SUMMARY ONLY

 

so if the debt does not say a big red default on its summary line

then it wont hurt you. and they wont see the late markers

 

this is actually better for you than others found

that HAVE a default in the summary.

 

dx

[BRIGADIER2JCS]

Hi BRIGADIER2JCS,

 

I received the DN from Mercers in Oct 2010 and my first payment into my DMP was Nov 2010. I haven't spoke to or payed barclaycard anything since May 2010 other than through my DMP.

 

Regards

Hi, my concern here is that a 'default notice' is not actually a default just a 'notice' informing a debtor that a creditor will take action (defaulting the account) if the account is not remedied BC as said have been known to use DNs and then not actually place a defualt.

 

Was does your credit reference file show i.e. the default date?

[BRIGADIER2JCS]

Hi dx,

 

I have checked CRAs CheckMyFile and Noddle and both have Link as the owner of the debt and both started with (6) markers from May 2012.

 

Here are the markers that BC put on the account from Mar - Dec 2010.

 

MAR (1) APR (AR) MAY (AR) JUN (AR) JUL (AR) AUG (2) SEP (3) OCT (4) NOV (5) DEC (6)....The (6)'s until sold to Link.

 

I CCA'd this account in 2010 when BC owned it and they sent me their current T&Cs at that time. I would imagine, as this account has been passed from MSDW to Goldfish to BC, that the original signed agreement (2004) can't be found.

 

It would appear from this information that the account is NOT defaulted these are late payment markers which can be worse than a default as if there is no default the account can be continually reported as in arrears and will not be removed from files after 6 years.

 

You need to ascertain the true status of the account and when you have done so you can challenge this and get the actual date of the default shown on CRA file.

 

The ICO says that LP markers should not be used to replace a default.

[musicronny]

It would appear from this information that the account is NOT defaulted these are late payment markers which can be worse than a default as if there is no default the account can be continually reported as in arrears and will not be removed from files after 6 years.

 

You need to ascertain the true status of the account and when you have done so you can challenge this and get the actual date of the default shown on CRA file.

 

The ICO says that LP markers should not be used to replace a default.

 

So, as it seems Link are doing nothing wrong, I will have to write to BC and get them to check their records and get their Data Controller to change the status of the account to defaulted.

 

As a rule, how many months in arrears does an account have to be before it's defaulted?

[dx100uk]

3

 

on the summary line of that debt on say noddle

 

if it does not say defaulted in red at the top

iy wont hurt your mortgage.

when doing a credit check.

they just see the summary line

 

dx

[BRIGADIER2JCS]

Very variable but the ICO says defaults should be placed within 6 months of the 'cause of action' in your case within 6 months from the cessation of contractually required payments.

Some creditors will default o 3 missed payments some more ridged by do so on 2 .

[musicronny]

3

 

on the summary line of that debt on say noddle

 

if it does not say defaulted in red at the top

iy wont hurt your mortgage.

when doing a credit check.

they just see the summary line

 

dx

 

But won't that affect my overall credit score when applying for a mortgage?

 

As the other accounts, with defaults, will drop off my credit file at the end of 2016... the link account will stay on my file until 6 years after its settled

[dx100uk]

on your flie

 

the ones with a default

say default in the summary [to] line default is in red

 

on the link one its says nothing about it being bad?

 

yes?

[dx100uk]

try this from noddle

 

this mortgage shows late

 

under other accounts

 

3 have late payments

one upto red 6 - it does not show anything

 

dx

[musicronny]

try this from noddle

 

this mortgage shows late

 

under other accounts

 

3 have late payments

one upto red 6 - it does not show anything

 

dx

 

Hi dx,

 

Yes my Noddle credit file looks the same as the attachment.

 

Regards CCA's, if Link fail to provide the original signed agreement (which they will) what are the next steps I should take with them?

 

Thanks

[dx100uk]

12+2 working days for the CCA.

 

you stop payments and send the failure to comply letter