Arrangement to pay on credit file

happy_bunny_2

Kilmorie wrote: »

Hi
I'm getting myself a little confused (not that difficult), hope someone can kindly put me straight.
In 2003, I applied for a credit card from Barclays.
I got into difficulties in 2007, and then made an involuntary arrangement to pay £5 per month.

This arrangement continued until 2011 when they sold the debt to Cabot, who I pay £5 per month.

I have checked my credit file and it shows that payments have been listed as AR for the whole period. Has this been recorded correctly or should a default have been registered against my file, after 6/12 months.

I have spoken to Barclaycard who have informed me that they inputted the payments correctly ie AR.

Can anyone advise?

Was this a complaint you made?

Do you have their final response in writing?

These are the guidelines:
https://forums.moneysavingexpert.com/discussion/3172602

Jason_Bourne_2

I'm still fighting with barclaycard on this one.

Got a hold of my credit files and it shows 5 months in a row where I failed to make any payment, not even £1 token payment. I've got AR marks since 2011.

Spent 25 mins on the phone to them today and was told several times that my account did default and the arrangement markers would fall off 6 years from the default date (nov 2010).
None if my credit files show a default, the accounts is up to date with arrangement markers. The guy disagreed that the markers would be visible for 6 years from this month.
He claims it did default when I started my arrangement and that it's the same thing. I told him that they are very different and that my credit files do not have a default fate in them.
Am I missing something?

Spoke to supervisor and gave her sever reasons why I think the account should have defaulted back in 2010 according to the ICO guidelines for defaults.

Getting nowhere with them.

happy_bunny_2

Jason_Bourne wrote: »

I'm still fighting with barclaycard on this one.

Got a hold of my credit files and it shows 5 months in a row where I failed to make any payment, not even £1 token payment. I've got AR marks since 2011.

Spent 25 mins on the phone to them today and was told several times that my account did default and the arrangement markers would fall off 6 years from the default date (nov 2010).
None if my credit files show a default, the accounts is up to date with arrangement markers. The guy disagreed that the markers would be visible for 6 years from this month.
He claims it did default when I started my arrangement and that it's the same thing. I told him that they are very different and that my credit files do not have a default fate in them.
Am I missing something?

Spoke to supervisor and gave her sever reasons why I think the account should have defaulted back in 2010 according to the ICO guidelines for defaults.

Getting nowhere with them.

Have you tried complaining in writing, then referring to FOS?

Jason_Bourne_2

happy_bunny wrote: »

Have you tried complaining in writing, then referring to FOS?

Not yet. I'll do that tomorrow.

You think I have a strong case even though I agreed to an arrangement?

I didn't know the implications back then and I feel they haven't followed the correct procedure with my file.

happy_bunny_2

If they verbally told you had defaulted, include that on your complaint.

If they didn't tell you the implications of an AP, that may also help.

Quote the ICO guidelines to support your case.

If they reject it, refer to FOS.

APs are funny, supposed to be for 6 months, but they get around it by renewing every 6 months, in my case. Worth complaining

sirwiggum

Tell them that:
- You intended to pay, hence the arrangement to pay
- If you hadn't intended to pay, it would've defaulted
- The default would've been wiped from your file at a date 6 years after
- The arrangement remains on your file at a date 6 years after the last payment
- Therefore making payments leaves you in a worse position than a default would have
- The ICO guidelines recommend arrangements for a maximum of 6 months

Thrugelmir

sirwiggum wrote: »

Tell them that:
- You intended to pay, hence the arrangement to pay
- If you hadn't intended to pay, it would've defaulted
- The default would've been wiped from your file at a date 6 years after
- The arrangement remains on your file at a date 6 years after the last payment
- Therefore making payments leaves you in a worse position than a default would have
- The ICO guidelines recommend arrangements for a maximum of 6 months

If an arrangement to pay hadn't of been agreed. Then the creditor could have pursued a further course of action.

kirstle99

I have also noticed I am in this position with....you guessed it....Barclaycard.

I went on a DMP with Payplan in 2007. During this time I had 2 credit cards with Barclaycard and an old student overdraft with Barclays Bank.

I fond it very strange, having checked my noddle report, that my overdraft account was defaulted within months of starting the DMP but my credit card accounts never were.

I'm thinking I may have a case too as I have got AP markers on both accounts from 2007 up until June 2012 when I settled them. So 5 years worth!

I'll be keeping an eye on this thread to see how people get on.

May I also add that I only had one of the credit card accounts closed in the last 2 weeks, even though I settled it in 2012 and have called up every 3 months to ask why?!

Flipping useless bank.




Also, is there any templates on this site that can be used to write to them?

Bettingmad

In my experience it won't make a blind bit of difference complaining. I complained in writing to Sharkley's Re AP markers. Took the complaint to ICO making reference to their own guidelines and my complaint was not upheld as Sharkley's told them that the plan is reviewed every 6 months' utter whitewash!!!!!!

It is clear why Sharkley's love AP' markers, to keep you on a leash, they can hold the threat of a default many years after being in a plan and continue to increase interest as your balance comes down. They basically take the proverbial and Martin should take an issue like this forward and expose their practice.

i have 2.5 yrs of AP markers and am now trapped as I can't take the risk of a default. Anyone who finds themselves facing a DMP with Sharkley's being one of their creditors should withhold payments for as long as is necessary to force a default.

rizla_king

Bettingmad wrote: »

In my experience it won't make a blind bit of difference complaining.

Other people on this thread and others have had the opposite experience.

Worth complaining regardless.