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    • AllTheHelpICanGet
    • By AllTheHelpICanGet 16th Jul 17, 4:40 PM
    • 28Posts
    • 3Thanks
    AllTheHelpICanGet
    CRA default removal question
    • #1
    • 16th Jul 17, 4:40 PM
    CRA default removal question 16th Jul 17 at 4:40 PM
    Hi all,

    I am in the process of going self-managed on my DMP and one of the things I would like to try and achieve is a backdated default on a few accounts that have continued to be marked with AR/DM markers when I believe they should have been defaulted as other accounts were at the time. I also believe from things that I have read on here that Barclaycard are quite notorious for this. I want to send a letter of complaint and request a backdated default be applied to when my DMP started which would remove the accounts from my CRA going forward.

    Who do I write to about this now? Is it Barclaycard, the original creditor, or the DCA that now own and report the debt?

    Many thanks,
    ATHICG
Page 1
    • sourcrates
    • By sourcrates 16th Jul 17, 4:55 PM
    • 11,175 Posts
    • 10,839 Thanks
    sourcrates
    • #2
    • 16th Jul 17, 4:55 PM
    • #2
    • 16th Jul 17, 4:55 PM
    Hi,

    You should address your complaint to the original creditor, in this case Barclaycard, as essentially it should of been defaulted after 3/6 missed contractual payments.

    As you are most likely aware, BC are notorious for not defaulting accounts, however a lot of people who do complain, tend to get those complaints upheld, so i would say go for it.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • AllTheHelpICanGet
    • By AllTheHelpICanGet 16th Jul 17, 5:20 PM
    • 28 Posts
    • 3 Thanks
    AllTheHelpICanGet
    • #3
    • 16th Jul 17, 5:20 PM
    • #3
    • 16th Jul 17, 5:20 PM
    Hi,

    You should address your complaint to the original creditor, in this case Barclaycard, as essentially it should of been defaulted after 3/6 missed contractual payments.

    As you are most likely aware, BC are notorious for not defaulting accounts, however a lot of people who do complain, tend to get those complaints upheld, so i would say go for it.
    Originally posted by sourcrates
    Thank you! I assume their complaints department is the best department to contact? Is it stil accurate to quote the following:

    Furthermore, 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!guidelines for these debts not to have been defaulted on or before xxxx.

    This letter is a formal complaint because I believe I am being penalised for being responsible and trying to deal with my debts. Customers who fail to keep in contact with you, and who fail to make any attempts to repay their debts, are treated more preferably than me.

    Thanks in advance!
    • sourcrates
    • By sourcrates 16th Jul 17, 6:07 PM
    • 11,175 Posts
    • 10,839 Thanks
    sourcrates
    • #4
    • 16th Jul 17, 6:07 PM
    • #4
    • 16th Jul 17, 6:07 PM
    Yes thats good, the lending code states that a default can/should be registered after 3/6 missed contractual payments, make sure to include that too.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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