Barclaycard add default as Egg default due to expire....

Jinx

Hi Guys

The title says it all really. I defaulted on an Egg account, on 20.01.05 and being in Scotland it should have dropped off last year, even at the outside 6 years it should drop off in a couple of weeks.

However, just got my Equifax report and Barclaycard now having taken over Egg have relisted the default as 29.11.11, effectively starting my default again!

So, what should I do, raise an on-line dispute or is there another tack I should do?

(I did go down the CCA route and they had no credit agreement so stopped paying them so there is a little owing).

I have paid back a LOT of money over the years and thought I was finally on track credit-wise...:(

DVardysShadow

Not allowed. If they relist the same default, they MUST keep the original date.

Jinx

DVardysShadow wrote: »

Not allowed. If they relist the same default, they MUST keep the original date.

I agree with this, however, I stopped corresponding and payingEgg about 18 mths ago, so if I open the lines of communication now they will start pursuing me again. I think on this one I will have to let sleeping dogs lie and know that in 3 years it will be unenforceable anyway....

January20

Jinx wrote: »

I agree with this, however, I stopped corresponding and payingEgg about 18 mths ago, so if I open the lines of communication now they will start pursuing me again. I think on this one I will have to let sleeping dogs lie and know that in 3 years it will be unenforceable anyway....

Egg will not talk to you about this account because it is now a Barclaycard account.

Are you actually saying that you have not made a single payment on this account for the last 18 months? Could it be the reason why you have a default and it's not the old one, but a new default issues by Barclaycard for non payment?

Jinx

Hi January

It was an Egg account, I stopped paying it 18 months ago as they couldnt produce a credit card agreement (had the account and had been doing my own DMP and paying back monies for years). It was defaulted in Feb 2005, I've got previous credit reports that show it. Barclaycard have now obviously bought over Egg and they have now defaulted me again on the same account which I know is not allowed. However as I am ignoring them due to not having a CCA the clock is ticking towards the 5 year mark of non-contact after which it cant be pursued for payment. So while I could in theory force them to remove the default as its the same account, I am not going to do so as this means communicating with them which will reset the non-contact clock to zero. The only downside is that my credit report was looking pretty good and this is a setback - heyho the cost of being stupid with credit cards!

Hopefully this makes sense......

January20

Jinx wrote: »

Hi January

It was an Egg account, I stopped paying it 18 months ago as they couldnt produce a credit card agreement (had the account and had been doing my own DMP and paying back monies for years). It was defaulted in Feb 2005, I've got previous credit reports that show it. Barclaycard have now obviously bought over Egg and they have now defaulted me again on the same account which I know is not allowed. However as I am ignoring them due to not having a CCA the clock is ticking towards the 5 year mark of non-contact after which it cant be pursued for payment. So while I could in theory force them to remove the default as its the same account, I am not going to do so as this means communicating with them which will reset the non-contact clock to zero. The only downside is that my credit report was looking pretty good and this is a setback - heyho the cost of being stupid with credit cards!

Hopefully this makes sense......

Now, I'll admit that I know little about this (apart from the fact I have one default on my account) but are you sure that they are not allowed to place this default on? BC view the old Egg accounts are new BC accounts, if you see what I mean? Or perhaps they are just trying to get you to make a move so remaining quiet is the best policy for you. Or perhaps they just messed up like they seemed to do with so many other accounts...

pure_dead_dopey

They are absolutely not allowed to do this and the original default should have fallen off by now if you are in Scotland. Barclaycard have bought existing accounts, they are just another bank and not allowed to makeup/change laws to suit.

Jinx

January20 wrote: »

Now, I'll admit that I know little about this (apart from the fact I have one default on my account) but are you sure that they are not allowed to place this default on? BC view the old Egg accounts are new BC accounts, if you see what I mean? Or perhaps they are just trying to get you to make a move so remaining quiet is the best policy for you. Or perhaps they just messed up like they seemed to do with so many other accounts...

Yes 100% sure they are not allowed, I actually saved the ICO default guidance the other night when I realised.

I think you are right on the 2nd bit, they are trying to provoke a reaction or they have just screwed up! Either way, I've decided to not react and am not communicating with them. I am not going to keep resetting the non-contact to zero.

Gordon_Hose

It also gives then another 5 years to get a CCJ against you if they do come up with the CCA. I presume you placed the account into dispute?

Personally I'd be getting them to remove it rather than be stuck with it for year another 5 years. Up to you though.

Jinx

I did place it in dispute Gordon, thanks Will give it some thought....