Repairing credit file - help required

ITtim

Last nigh my wife and I were going through her credit file to see if we could clear it up at all.

I'm looking for some help and advice over a couple of defaults issued by Barclays, Barclays defaulted her in November 2010 after we cancelled her DMP in order to settle the account.

We partially settled the accounts and that was that. However there are two things which I have noticed.

First off, we can't find any default notice having been issued.
If it had been issued in issued in November 2010 i'm pretty sure I'd have seen it. Its possible if it had been before (ie when on the DMP) that it was discarded by my wife but she's unable to recall if we ever had one. ( I assume there this has to be in writing somewhere?)

Secondly, the letters we recieved from Barlcays at the time of settlement state "Without predjudice to accept £***** in full and final settlement of the debt". Barclays have put on the credit report that it was partially settled and although that is true the letter suggests it should read "in full" which we did request by letter originally.

So should I write to Barclays asking for proof of an default being issued? Do we have anything to lose? Is there a letter template for such a thing?

Also should be look to get the full/partial settlement notice rectified also?

Many thanks for reading

Gordon_Hose

If you point out there was no DN they will remove the default and you'll have your 14 days (or whatever) to clear the debt in FULL. If you can't, the default will be re-applied after they've sent you a proper DN. Can you pay the debt in full? If not, I wouldn't even bother.

Marking a debt as partially settled after a payment to close the debt, but wasn't the full amount, is correct. They have to report FACTUAL information, and partially settled is a true representation of the account. You'll have no joy getting this changed.

ITtim

Hi Gordon,

Thanks for the response,

We agreed partial settlement with Barlcays in November 2010, this has been paid and they supplied letters confirming this.

Are you saying that if i were to now raise the issue of not having seen a default notice that i'd now have to pay the remainder of the debt?

They've already confirmed that they'll no longer continue to chase for it.

Gordon_Hose

In that case they would issue a DN and the default would stay. You're just pointing out to them they've missed it.

The only time a missing or incorrectly worded DN is of any use is in court trying to prove enforceability.

ITtim

So its fruitless trying to attempt removal of the default? I thought they had to by law prove that they had notified you of a default?

How about the timing of a default? They account was put on 'Arrangement to Pay' for approximatley 18 months and then defaulted on settlement. Is there anyway I could convince them that it should have been defaulted at the beginng of the arrangement to pay or am I really wasting my time?

Gordon_Hose

No laws, just guidelines. And easily rectified.

ITtim

So premsumably the same with the 'settlement in full'?

Is it even worth a letter?

Gordon_Hose

You partially settled the debt, they recorded that with the CRA's which is factual information.

You could try, but you've paid the debt now.

ITtim

I guess theres nothing to lose in that case, nothing else I can try, would they for example have to prove a credit agreement was signed etc if I persued it?

Gordon_Hose

What would be the point in a CCA request if you've paid the debt?

Paying the debt is acknowledgement that you owe the money. Otherwise why would you be paying it?

You've got everything back to front. Closing the gate after the horse has bolted, so to speak. CCA requests are to prove that the debt they are chasing is enforceable in court. If you've paid the debt you've already proved enforcability.

ITtim

Right ok, Sorry, just trying to explorer any avenue possibly available to try and clear her report up a bit, I suspect this one default by Barclays is causing us problems obtaining a mortgage, all the other defaults she has occured in 2009 when she went on a DMP, Barclays were the only ones who defaulted her at the end of the DMP.