Selling on a debt

play_fair

I am new so forgive me if this has been covered before.

I completed a full and final IVA in April 2010 and since then have had continual problems with banks either not amending my credit file or deciding to resurrect the original debt.
The final straw was when I received a notification from Equifax at end of July and found that Marlin had placed an unresolved default on my credit file going back to 2009.
On doing a little research I find that Barclaycard has sold my debt (part of the finalised IVA paid in April 2010 so no dept outstanding) to Marlin.
Marlin refuse to enter discussions and continue to refer me to Barclaycard.
Barclaycard are apologetic and promise to resolve the situation. They say they must buy the debt back from Marlin and get Marlin to remove the default notice.
This has now been going on since 02.08.2013, Barclaycard continue to tell me they have 8 weeks to resolve this problem before I can make any complaint to the ombudsman.
My question is:
I believe this is breach of contract, if so can I issue county court proceedings against them?
This is the 3rd problem with Barclaycard since 2010 and problems with all ex creditors must now number 12+
Why can they continue to victimise me?

forgotmyname

They made a mistake, It happens.

You made a formal complaint. And as they say they have 8 weeks to respond with their answer.
Taking it further is likely to see it dragging on for a long time. I think 6 - 8 months was mentioned on the last post i read. Before thet get to your case.

They are not victimising you.

Not sure how its a breach of contract. You debt was sold with a pile of other debts.
Incorrectly maybe. But they appear to be sorting it.

play_fair

There is no debt. Full and Final payment in April 2010.

Breach of contract = They accepted my offer to settle the debt with a partial payment. They also agree that they will not harass me after agreement made.

Yes agree mistakes happen but there are mistakes and there is harassment. this is the 3rd "mistake" in 3 years by Barclaycard and over a dozen all told.

DCFC79

So complain about it, if not resolved satisfactory take it to the FOS.

play_fair

OK picture this:
You are forced to take out an IVA. You are subject to the difficulties and stress involved, but finally gain agreement from your creditors and you pay over your entire redundancy in a fill and final payment.
12 months later you have a demand for repayment of the outstanding debt (which you made agreement on 12 months previously) from Barclaycard. You spend almost 8 weeks resolving this little problem ….. But it’s OK as everyone makes mistakes.
9 months after this they again send you friendly letters from their recoveries department asking you to suggest how you intend making repayment of the outstanding debt (remember you made a full and final IVA agreement with them in 2010). Again almost 8 weeks to resolve.
Guess What?.....They now sell on my nonexistent debt a debt recovery agency and the whole process starts again.
This has happened to me more than 12 times since 2011 ( average of 1 problem every quarter) so approx 8 weeks of every 12 weeks fighting with banks that should have up to date records and after that first mistake taking steps to stop it happening again!
I was asking this forum for constructive advice, but looks like that’s not going to happen.

[Deleted User]

Just because you dont like what your being told doesnt mean it isnt constructive. Being rude towards those that have given you information will not make people want to help you.

As said above, people make mistakes, so do banks. Ultimately all of this has been because of your IVA, the banks have 8 weeks to respond. If they dont respond im that time frame then take it to the FOS.

If your not happy with previous issuestake it to the FOS, i advise against throwing what people have said back at them purely becuase it doesn't conform to what you want to hear.

happy_bunny_2

Has it happened so often with the same account, or different ones?

Complaints are the only way ahead and I would think it should offer reasonable compensation for expenses, time, stress. If not refer to the FOS.