Defaulted, or not defaulted??

paulmapp8306

Im currently in a case with Barclaycard, via the ombudsman.

I defaulted on seferal debts 11 years ago and went onto a DMP. Barclaycard have been recording "APs" ever since. Ive asked for the debt to be romoved and they refuse. They say it was never defaulted and AP reflects the state of the account.

I argue that i defaulted on the debt when I failed to meet the terms and conditions of the finance. Whether they have chosen to record it as a default or not does not change the actual state of the account.

I linked to guidance that states "someone who makes an attempt to pay should not be disadvantaged over someone who doesnt", stating that had I not made an attempt to pay, the account would have been registered as defaulted and would have dissapeard from my record 4 years ago. However I have been making an attempt and consequently (given how there recording it) its still there - and will be for a further 6 years even If I settled today. They say "but it was never defaulted so that guidance does not apply".

Well see what the ombudsman says - but all my other creditors did default, and they have long since gone. It seems to me Barclaycard are "choosing" what to call something to make it harder for me. There needs to be a "legal" definition of exactly what constitutes a default.

Thoughts on my situation, and the subject in general?

happy_bunny_2

I think you have a good chance with the ombudsman. They should have defaulted you within 6 months according to the guidance.

Not all do though, some wait years from what I read on here.

APs are supposed to be short term (6 months), not 11 years!

Dmb18

I've got the same problem with Sainsbury's CC. I went into a DMP in 2006 and 2 creditors defaulted my the accounts (Sainsbury's loan was actually one) but even though the Sainsbury's CC sold the debt on it was the DCA that defaulted in 2010?

kirstle99

I have also had the same issue with both Barclaycard and Black Horse. I wished I had known the 'AP' was only supposed to be short term, as we have now settled these (partially) with the help of a family member and i'm assuming they will now affect our credit ratings for 6 years from now. Gutted.

happy_bunny_2

That doesn't sound right either. Have a look at this and send the DCA a formal complaint in writing telling them to change it.
http://www.ico.gov.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

chanz4

Where in the consumer credit act does it say AP's have to be short term, long and short it doesn't. Barclays came to an arrangement to pay with you, isn't that what they have reported?

nottoolate

happy_bunny wrote: »

That doesn't sound right either. Have a look at this and send the DCA a formal complaint in writing telling them to change it.
http://www.ico.gov.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Arrangements to pay

21 An ‘arrangement to pay’

This involves a temporary, short-term (up to six months) arrangement where the lender agrees to accept reduced payments.