Goldfish/Barclaycard/MKDP

[KatieSP]

Hi,

 

I took out a Goldfish credit card in 2003. The account had a balance of around £1000 which I was making minimum monthly payments towards.

 

Goldfish then sold the account to Barclaycard when they merged. At this point I stopped receiving paper statements. I therefore called them on numerous occasions to try and rectify this and continued to make monthly payments of random amounts as I had no statement to refer too.

 

I then received threatening letters from Barclaycard stating my balance was over £4000. I had not used the card and I had not received statements so I disputed this and told them I would not pay any further balances until this was resolved and they could tell me where these additional charges came from.

 

No statements were ever received and then I received communication from a debt chasing company stating they had been appointed to retrieve the debt in full. I explained the circumstances to them and again tried to call Barclaycard. Barclaycard could now not even discuss the account as it had been closed on their systems as the debt was sold.

 

Around 6-8 debt companies have since tried to retrieve the debt but each time I call them to ask for evidence they go silent. MKDR is the latest company to 'own' the debt and they issued a small claims court case against me in 2015. I submitted by defence and nothing happened. I called the court and they informed me MKDR had not proceeded any further with the case.

 

The issue I have is that this seriously affects my credit rating and will do for another year. My credit report states that the account has been overdue since 27/04/2011 and if I am to wait 6yrs this will not expire until 2017.

 

Is there anything I can do to challenge this in the meantime? I am certain no one has the statements I have been asking for for the past 5yrs. How can I get MKDR to either proceed or close the debt off?

 

Thanks in advance

 

 

Katie

[AndyOrch]

You can make application to lift the stay and proceed the claim as defendant...as to why you would wish to do this I'm not sure as it would have no effect on your CRA,s...the markers will remain there until 2017.Also should you proceed and lose you will then have a CCJ on your CRA,s for a further 6 years........

 

I would keep schtum

 

Andy

[dx100uk]

so no defaulted date in the debt summary?

 

 

dx

[Beamengine]

Barclaycard deliberately defer defaults so that the markings remain long after they should.

 

I have sent a letter before action to them on the basis that they have failed to follow the ICO guidelines

and their incorrect markings are contrary to the requirement of the DPA that data should be accurate.

 

 

In my case they wrongly claimed that a repayment plan should be classifed as an Agreement to Pay for some years.

They defaulted the account only when the repayment plan was stopped and entered a default.

 

As a result of the Vidal Hall v Google Appeal Court ruling it is now possible to make a claim

even though there is no financial loss but the claim may be stayed until the Supreme Court ruling due in October 2016.

 

 

I believe that a claim for personal injury less than £1000 can be made under the small claims track

and a CCJ against MKDP might affect their credit rating

[dx100uk]

worthy of note on AP markers with no default

http://www.consumeractiongroup.co.uk/forum/showthread.php?454504-MBNA-IDEM-AR-AP-markers-that-should-be-a-default-**WON-AT-FOS**&p=4889856#post4889856

[Beamengine]

From memory ICO's guidelines were that the AP markers should only be used where there was a realistic probability that the arrears would be cleared within a six month period and normal contractual payments reinstated. The also stated that arrears should be for a maximum of six months before it was reported as a default.

The problem is that Barclays insisted that a default could only be marked once the final demand had been made and the time for payment had elapsed. That meant that they believe that they could issue a number of Default Notices and still comply with the guidance.

I wonder what a judge would make of a s140 CCA claim on this.