Stopping Payments to Stepchange and going it "alone"

[blondiegirl]

I am so angry at them!!

 

 

Some a/c's were defaulted. And great, they're "gone".

 

 

MBNA and Barclaycard chose not to.

 

 

all fees/interest were stopped when Stepchange set this all up.

They didn't offer any advice or explain what would happen.

 

I can but ask that the AP markers be removed - there are 6 :0( 3 MBNAs and 3 Barclaycard.

 

in the mean time,

 

 

I still can't do anything until the 12+2 days pass?

 

 

the 10th October I suppose which is 14 days after the letters were signed-for.

 

Seriously up the creek thanks to the stupid, stupid CCCS/Stepchange.

[dx100uk]

working days from the day you post the CCA

[blondiegirl]

15th Oct then I guess, if I posted 25th September.

 

And in the mean time I write to the ICO about the AP markers?? I have to try something. How do they expect people's lives to function???

[dx100uk]

await writing that letter

 

 

we'll get help on that

 

 

dx

[blondiegirl]

Okey doke. I have read elsewhere where someone sent a letter to Barclaycard and was successful at getting them to change the AR to a default. So it can be done. That was this year. What I don't understand is why Barclaycard/MBNA have done this. We were in default of our credit agreements surely?

 

I also know that dates and things aren't adding up on one of mine on Equifax. From Oct 2010 Idem is down as AR for a year, then OK for over a year, AR again for 9 months, and now down as '6'. How is this accurate?? Call Credit have it down as DM or AR. I haven't checked Experian but it's still going to be bad.

 

Also, Aktiv Kapital seem to have changed it. I now have 2 ARs down from July of this year!! No other history. This has changed!!!!! It wasn't this a few weeks ago so I will need to check a saved credit report.

[theoldrouge]

Standard reply from Cabot.

 

I would 1) drop stepchange asap

 

2)make no further payments to cabot unless/until a reply that complies with the requirements of s78(1) arrives (highly unlikely given age of agreements)

save yourself £45 per month

 

3) have a long read of the fca guidelines

http://fshandbook.info/FS/html/FCA/CONC/13/1

[blondiegirl]

Hi, and thanks.

 

I *will* be dropping Stepchange.

 

I then intend to pay minimal to the defaulted a/c's which no longer appear on the credit file (as long as they provide the right docs).

And to those a/c's where no docs are provided, I'll stop paying them, and deal with the letters as and when they arrive.

 

I'll have a read of the fca guidelines - thanks.

 

The FCA guidelines are all pretty favourable. Other than "there is no obligation to provide a copy which includes a copy of the signature". So the companies could send out a blank credit agreement???? I know I have had these before and they said that they'd fulfilled their obligations.

[theoldrouge]

to enforce in court, for accs this old (pre 6/4/2007) they would need a copy of the original.

 

these are some of the important requirements to bear in mind

 

(2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.

(3) The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.

[blondiegirl]

2 Cabot a/c's opened 1995 (Barclaycard).

 

1 Cabot a/c opened around the same I think - it was defaulted and no longer appears on the credit file so I don't know. I am pretty sure this was Sainsbury's/BOS/Halifax.....

 

So this is good???? Or not?

[theoldrouge]

so long ago, they will struggle for sure

[blondiegirl]

I hope so!! I tried this all before and from memory, Halifax produced the signatues. They have since defaulted me so it doesn't matter. I just need to try and get my credit file cleaned up. If they provide nothing, and I stop paying, then what??

[theoldrouge]

they could still request payment, but you would just continue to ignore any such request.

 

Having said that , on a number of occasions recently,

 

Cabot have replied that they are unable to fulfill the cca request

 

and have closed the account and written off the debt

[blondiegirl]

Don't get my hopes up ;-)

Let's hope the postman brings nothing......

[citizenB]

It is indeed very unfair that you have entered into an arrangement to pay and will be penalised via your credit files for a further 6 years !

 

Tesco for instance will accept an arrangement to pay on the understanding that they WILL enter a default marker to your file - why is there no consistency and why does the Information Commissioner not do something about it.

[BRIGADIER2JCS]

It should be noted that the ICOs view on AP markers has been somewhat altered ( not to the debtors advantage) it now seems to be saying that if an AP is in place is must me reported as such, being a true picture of the conduct of an account.

 

 

As it has always been the ICOs definitions and " requirements" are vague and open top many different interpretations.

[blondiegirl]

Regarding these damn AP markers and the letter I mentioned. I have found a copy of a letter on-line which someone sent to barclaycard this year. Does anyone have any advice? I want to try and get them somehow removed. Worth sending??? Assuming it can do no harm??

 

Sir/Madam,

 

I refer to the above mentioned Barclaycard Accounts which is being reported on my credit reference files.

 

Barclaycard has been reporting arrangement to pay markers (APM / AR) on the above accounts since 03/2007 - over 7 years ,

which places me in a disadvantage compared to a debtor who has had an account defaulted .

and therefore will continue to appear on my credit file until March 2020

 

It would appear that Barclaycard has used arrangement to pay markers in place of a default on the account,

 

It is understood that the Information Commissioner's Office does not agree with this and states that this is Unfair practice.

 

The definition of a default

9 A ‘default’ can be said to occur as soon as a borrower fails to meet the terms of their credit arrangement.

 

An ‘arrangement to pay’

21 This involves a temporary, short-term (up to six months) arrangement where the lender agrees to accept reduced payments

 

I believe therefore it is against Information Commissioner's Office guide lines for this debts not to have been defaulted on or before 03/2007.

 

I ask therefore that you place a default date of 03/2007 with all 3 credit agencies for the above 3 accounts.

This will bring it in line with my other debts that was all defaulted at same time on entering my DMP

 

These AP/AR markers are likely to cause considerable problems to me financially as the account should have been defaulted in 2007

and the default removed in 2013, this data will be displayed nearly 5/6 years longer than necessary.

 

I will continue to pay payments on these accounts until fully paid

 

I look forward to Barclaycard sending a prompt and proper reply.

 

Regards

 

This letter mentions 5/6 years reporting longer than necessary. In my case, it will be 10-15 years!!

Edited October 7, 2014 by blondiegirl
Added in info

[citizenB]

It can do no harm at all and would obviously be to your benefit if they were to comply.

 

If they disagree, then they should send you a response that you can then decide what to do with - eg, make a complaint to the Information Commissioner and certainly to the Financial Ombudsman as I would consider this to be treating you very unfairly.

 

You are paying and will be penalised for far longer than someone who has simply defaulted and who has no intention of paying anything more.

[BRIGADIER2JCS]

It can do no harm at all and would obviously be to your benefit if they were to comply.

 

If they disagree, then they should send you a response that you can then decide what to do with - eg, make a complaint to the Information Commissioner and certainly to the Financial Ombudsman as I would consider this to be treating you very unfairly.

 

You are paying and will be penalised for far longer than someone who has simply defaulted and who has no intention of paying anything more.

 

 

It is certainly what I would send and have drafted quite a few similar ones over the years.

 

 

The ICO's view has changed somewhat on the status and use of these markers, but as Citizen B says it's well worth a try.

 

 

It must be addressed to the Data Controller at the HO.

[blondiegirl]

Thank you both. So I'll send the letter to the Data Controller, HO Barclaycard (& the others) and see what they say. Thanks.

[BRIGADIER2JCS]

Thank you both. So I'll send the letter to the Data Controller, HO Barclaycard (& the others) and see what they say. Thanks.

BTW where did you find the template letter?

[blondiegirl]

It was from a thread I came across on the money saving expert site. I just copied it ;0) But luckily for the guy who wrote it, he had his credit file changed. So worth a shot as it was recent.

[BRIGADIER2JCS]

It was from a thread I came across on the money saving expert site. I just copied it ;0) But luckily for the guy who wrote it, he had his credit file changed. So worth a shot as it was recent.

Good Luck!!

[blondiegirl]

Cabot has replied!

 

"unfortunately Cabot has not been able to provide you with the requested information with the relevant time period.

 

We shall continue to request the information from the original lender to assist you with your request. In the mean time we would like to inform you that your account shall remian on hold with the Customer Care Department until such time we can comply with your request.

 

Your credit agreement is currently unenforceable, which means we are not permitted to obtain a judgement or decree against you in Court. However, you are still obliged to repay the outstanding balance as confirmed in this letter and therefore we would recommend you contact us as soon as possible to set up a repayment arrangement or continue with your existing payment plan.........".

 

My main questions are, 1. how can I be "obliged" to pay them if the agreement is unenforceable, and 2. if it's unenforceable, are they allowed to report to the CRAs these AP markers that I so desperately want to get rid of?

 

Thanks

Edited November 5, 2014 by blondiegirl
deleted errors

[theoldrouge]

you are not obliged to pay, poor choice of words

 

they can ask you nicely but.....

 

they can continue to report the account though

 

http://fshandbook.info/FS/html/FCA/CONC/13/1

[blondiegirl]

Seems a bit illogical/unfair. Can't enforce. and yet they can stuff everything up by reporting for 20+ years with AR markers!!!!