Late Default/No Proof of Notice
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hollip0p
Posts: 50 Forumite
Hi all,
I started on a DMP in late 2012 and, shortly afterwards, Nationwide placed a default on both my credit card and loan. However, Barclaycard waited until July last year to place a default on my account with them.
I'm really confused (and quite upset!) about this - why would it take so long for them to do it? I thought my credit rating would be getting back on track in the next 2-3 years but this default will be there until 2021, which is really depressing!
I've spoken to them on the phone this evening and the first lady I spoke to said it was Barclaycard's way of trying to help me get out of my situation before resorting to a default. I then spoke to her supervisor who advised it was because that was when I became 7 months in arrears. Apparently my "formal" agreement ended with them in December 14 and I was then on an "informal" agreement so was getting further and further behind each month.
I don't think this was ever explained to me, as far as I was aware Barclaycard had agreed to the reduced payments, and the first time I noticed the default was when I checked my credit file. I asked the supervisor this evening if he could provide a copy of the default notice and he's told me they don't keep copies, but he could tell me the date it was sent as part of my monthly statement.
Does this sound right? I thought they needed solid proof?
Thanks!
I started on a DMP in late 2012 and, shortly afterwards, Nationwide placed a default on both my credit card and loan. However, Barclaycard waited until July last year to place a default on my account with them.
I'm really confused (and quite upset!) about this - why would it take so long for them to do it? I thought my credit rating would be getting back on track in the next 2-3 years but this default will be there until 2021, which is really depressing!
I've spoken to them on the phone this evening and the first lady I spoke to said it was Barclaycard's way of trying to help me get out of my situation before resorting to a default. I then spoke to her supervisor who advised it was because that was when I became 7 months in arrears. Apparently my "formal" agreement ended with them in December 14 and I was then on an "informal" agreement so was getting further and further behind each month.
I don't think this was ever explained to me, as far as I was aware Barclaycard had agreed to the reduced payments, and the first time I noticed the default was when I checked my credit file. I asked the supervisor this evening if he could provide a copy of the default notice and he's told me they don't keep copies, but he could tell me the date it was sent as part of my monthly statement.
Does this sound right? I thought they needed solid proof?
Thanks!
0
Comments
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Bumping for advice!
Does anyone know if a company needs proof that a default notice was sent? Is having a date the letter was sent enough or do they need to be able to provide a copy too?
Thanks0 -
Hi,
Once you've broken the terms of your agreement, you can be defaulted at anytime, at the companies discretion.
However the time frame must be reasonable, if you believe the account should of been defaulted sooner, then send a written complaint to Barclaycard about this.
You can always escalate to the FOS if they refuse to budge.
Barclaycard are often the one creditor that doesn't default accounts early enough, instead they prefer AP markers (arrangement to pay) which are actually worse than a default, as they stay visible on your credit file for 6 years after an account has been settled.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Hi Hollip0p,
The default on your credit file and the default notice that the creditor is required to send in the post are actually two separate matters. The default notice they have to send to you in the post is a requirement before any legal action can take place (i.e take you to county court).
Whereas the default on your credit file is normally done when the 'relationship has broken down'. The Information Commissioner has issued guidelines about when a default should be added to someone's file, which you can read here. If you believe the default date is wrong then I would agree with sourcrates that you should complain and ask them to amend the date in accordance with the guidelines and if they refuse then escalate the matter to the FOS and the ICO. Good Luck,
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0 -
Hello!
Just bumping in case anyone else is in the same situation as me - I finally got this resolved today and it actually didn't take much effort at all!
After my original post, other things took priority and I didn't start looking in to this again until I called Barclaycard on Wednesday. I got passed between 4 different advisors but ended up speaking to someone in their complaints team who was extremely helpful. He gave me his e-mail address, took a few details and I also forwarded on a letter that I had ready to send, basically just repeating what has already been said in this thread.
Someone from Barclaycard called me back this afternoon - they are refunding £50 due to the inconvenience and also backdating the default to 31st January 2013, which is apparently the first date they received a payment as part of my DMP.
Result!0 -
Thanks for the update. It’s good to know that these matters can be resolved fairly easily.
James
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
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